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