# PhotoPrism® Digital Assets ## Terms of Use ## (a) We hereby grant you a non-exclusive, non-transferable right to use the Digital Assets accompanying the software, embedded in the documentation, or provided for download — such as icons, fonts, illustrations, graphics, wallpapers, videos, sounds, models, and sample files („Digital Assets“) — as part of the Software distributed by us, unless otherwise noted. (b) Because some Digital Assets are licensed to us solely for direct distribution, we cannot redistribute them under a more permissive license for other purposes. If the author or copyright holder has not released them under a permissive license, you must obtain a license before using them in your own work, whether commercial or non-commercial in nature. (c) Related [documentation](https://docs.photoprism.app/) is available under the terms of the [CC BY-NC-SA 4.0 License](https://docs.photoprism.app/license/docs/). Other terms may apply to Digital Assets — in particular illustrations, graphics, and videos — embedded in the documentation if they are licensed to us solely for direct distribution. When in doubt, please ask before distributing or using them for other works. ## Trademark and Brand Assets ## (a) PhotoPrism’s Brand Assets — including trademarks, logos, icons, fonts, corporate design, product and service names, and any other brand features and elements, whether registered or unregistered („Brand Assets“) — are proprietary assets owned exclusively by PhotoPrism UG („PhotoPrism“). We reserve the right to object to any use or misuse in any jurisdiction worldwide. Visit photoprism.app/trademark to learn more. (b) Contributors, licensees, business partners, and other third parties may never claim ownership of PhotoPrism's Brand Assets or brands confusingly similar to PhotoPrism's Brand Assets in any way, including, without limitation, as a trademark, service mark, company name or designation, domain name, social media profile/handle, or in any other manner. (c) You may not include the PhotoPrism trademark in the name of your app, product, or service, whether commercial or non-commercial in nature. This includes online services such as e-commerce, community, blog, information, advertising, and personal home pages, as well as apps, app stores, client apps, or third-party apps that interact with PhotoPrism. ## Disclaimer of Warranty ## OUR SOFTWARE, SERVICES, AND DOCUMENTATION ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PHOTOPRISM DOES NOT WARRANT THAT THE SOFTWARE, SERVICES AND/OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT IN ACCEPTING THESE TERMS, YOU HAVE NOT RELIED ON ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH HEREIN. PHOTOPRISM DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES OR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY SUPPLIERS OR VENDORS. ## Limitation of Liability ## TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOPRISM WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH OUR SOFTWARE AND SERVICES, INCLUDING WITHOUT LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHOTOPRISM BE LIABLE TO YOU IN CONNECTION WITH THE SOFTWARE, SERVICES, DOCUMENTATION OR INTELLECTUAL PROPERTY RIGHTS PROVIDED, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY AMOUNTS IN EXCESS OF THE TOTAL OF THE FEES ACTUALLY PAID AND THE FEES PAYABLE TO PHOTOPRISM BY YOU DURING THE ONE YEAR PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY FIRST ARISES. ## Severability ## (a) If the Disclaimer of Warranty and Limitation of Liability set forth above cannot be given local legal effect according to their terms, the reviewing courts shall apply the local law that most closely approximates an absolute waiver of any civil liability in connection with our software and services, unless a written warranty or assumption of liability has been granted for a fee. (b) In the event that any provision set forth above is found by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remaining provisions shall remain in full force and effect and shall not be impaired, affected or invalidated in any way. (c) It is hereby agreed and declared that it is the intention of the parties to enforce the remaining provisions without the inclusion of those provisions that may subsequently be declared invalid, illegal, void or unenforceable.