|
3 | 3 | ## Terms of Use ## |
4 | 4 |
|
5 | 5 | (a) We hereby grant you a non-exclusive, non-transferable right to use the |
6 | | -Digital Assets accompanying the software, embedded in the documentation, |
7 | | -or provided for download — such as icons, fonts, illustrations, graphics, |
| 6 | +Digital Assets accompanying the software, embedded in the documentation, or |
| 7 | +provided for download — such as icons, fonts, illustrations, graphics, |
8 | 8 | wallpapers, videos, sounds, models, and sample files („Digital Assets“) — |
9 | | -as part of the Official Software Distribution, **unless otherwise noted**. |
| 9 | +as part of the Software distributed by us, unless otherwise noted. |
10 | 10 |
|
11 | 11 | (b) Because some Digital Assets are licensed to us solely for direct |
12 | | -distribution, we cannot redistribute them under a more permissive license |
13 | | -for other purposes. If the author or copyright holder has not released them |
14 | | -under a permissive license, you must obtain a license before using them in |
15 | | -your own work, whether commercial or non-commercial in nature. |
| 12 | +distribution, we cannot redistribute them under a more permissive license for |
| 13 | +other purposes. If the author or copyright holder has not released them under a |
| 14 | +permissive license, you must obtain a license before using them in your own |
| 15 | +work, whether commercial or non-commercial in nature. |
16 | 16 |
|
17 | 17 | (c) Related [documentation](https://docs.photoprism.app/) is available under |
18 | 18 | the terms of the [CC BY-NC-SA 4.0 License](https://docs.photoprism.app/license/docs/). |
19 | | -Other terms may apply to Digital Assets — in particular illustrations, |
20 | | -graphics, and videos — embedded in the documentation if they are licensed |
21 | | -to us solely for direct distribution. When in doubt, please ask before |
22 | | -distributing or using them for other works. |
| 19 | +Other terms may apply to Digital Assets — in particular illustrations, graphics, |
| 20 | +and videos — embedded in the documentation if they are licensed to us solely |
| 21 | +for direct distribution. When in doubt, please ask before distributing or |
| 22 | +using them for other works. |
23 | 23 |
|
24 | 24 | ## Trademark and Brand Assets ## |
25 | 25 |
|
26 | 26 | (a) PhotoPrism’s Brand Assets — including trademarks, logos, icons, fonts, |
27 | | -corporate design, product and service names, and any other brand features |
28 | | -and elements, whether registered or unregistered („Brand Assets“) — are |
29 | | -proprietary assets owned exclusively by Michael Mayer and his legal successors |
30 | | -(„PhotoPrism“). We reserve the right to object to any use or misuse in any |
31 | | -jurisdiction worldwide. Visit [photoprism.app/trademark](https://photoprism.app/trademark) |
32 | | -to learn more. |
33 | | - |
34 | | - (b) Contributors, licensees, business partners, and other third parties |
35 | | -may never claim ownership of PhotoPrism's Brand Assets or brands confusingly |
36 | | -similar to PhotoPrism's Brand Assets in any way, including, without |
37 | | -limitation, as a trademark, service mark, company name or designation, |
38 | | -domain name, social media profile/handle, or in any other manner. |
| 27 | +corporate design, product and service names, and any other brand features and |
| 28 | +elements, whether registered or unregistered („Brand Assets“) — are |
| 29 | +proprietary assets owned exclusively by PhotoPrism UG („PhotoPrism“). We |
| 30 | +reserve the right to object to any use or misuse in any jurisdiction worldwide. |
| 31 | +Visit photoprism.app/trademark to learn more. |
| 32 | + |
| 33 | + (b) Contributors, licensees, business partners, and other third parties may |
| 34 | +never claim ownership of PhotoPrism's Brand Assets or brands confusingly |
| 35 | +similar to PhotoPrism's Brand Assets in any way, including, without limitation, |
| 36 | +as a trademark, service mark, company name or designation, domain name, social |
| 37 | +media profile/handle, or in any other manner. |
39 | 38 |
|
40 | 39 | (c) You may not include the PhotoPrism trademark in the name of your app, |
41 | 40 | product, or service, whether commercial or non-commercial in nature. This |
42 | 41 | includes online services such as e-commerce, community, blog, information, |
43 | | -advertising, and personal home pages, as well as apps, app stores, client |
44 | | -apps, or third-party apps that interact with PhotoPrism. |
45 | | - |
46 | | - (d) In the event that any provision is found to be unenforceable by a court |
47 | | -or other competent jurisdiction, the remaining portions hereof shall remain |
48 | | -in full force and effect. |
| 42 | +advertising, and personal home pages, as well as apps, app stores, client apps, |
| 43 | +or third-party apps that interact with PhotoPrism. |
49 | 44 |
|
50 | | -## Disclaimer of Warranty and Limitation of Liability ## |
| 45 | +## Disclaimer of Warranty ## |
51 | 46 |
|
52 | 47 | OUR SOFTWARE, SERVICES, DOCUMENTATION, AND DIGITAL ASSETS ARE PROVIDED |
53 | 48 | “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, |
54 | 49 | EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF |
55 | 50 | MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. |
56 | 51 |
|
| 52 | +## Limitation of Liability ## |
| 53 | + |
57 | 54 | WE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH OUR SOFTWARE AND |
58 | 55 | SERVICES, INCLUDING WITHOUT LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR |
59 | 56 | CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES |
60 | 57 | RELATING TO LOST DATA OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE |
61 | 58 | POSSIBILITY OF SUCH DAMAGES. |
62 | 59 |
|
63 | | - If the disclaimer of warranty and limitation of liability provided above |
64 | | -cannot be given local legal effect according to their terms, reviewing courts |
65 | | -shall apply local law that most closely approximates an absolute waiver of |
66 | | -all civil liability in connection with our software and services, unless a |
67 | | -warranty or assumption of liability was provided in return for a fee. |
| 60 | +## Severability ## |
| 61 | + |
| 62 | + (a) If the Disclaimer of Warranty and Limitation of Liability set forth above |
| 63 | +cannot be given local legal effect according to their terms, the reviewing |
| 64 | +courts shall apply the local law that most closely approximates an absolute |
| 65 | +waiver of any civil liability in connection with our software and services, |
| 66 | +unless a written warranty or assumption of liability has been granted for a fee. |
| 67 | + |
| 68 | + (b) In the event that any provision set forth above is found by a court of |
| 69 | +competent jurisdiction to be invalid, illegal, void or unenforceable, the |
| 70 | +remaining provisions shall remain in full force and effect and shall not be |
| 71 | +impaired, affected or invalidated in any way. |
| 72 | + |
| 73 | + (c) It is hereby agreed and declared that it is the intention of the parties to |
| 74 | +enforce the remaining provisions without the inclusion of those provisions that |
| 75 | +may subsequently be declared invalid, illegal, void or unenforceable. |
0 commit comments