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PhotoPrism® Documentation and Digital Assets
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This Agreement is between you and PhotoPrism UG ("PhotoPrism", "we" or "us").
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Visit photoprism.app/contact to view our full contact information as required
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by law.
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We may update this Agreement as necessary (1) for legal reasons or (2) to
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improve readability and make clarifications that our users request.
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By using the Documentation and Digital Assets we provide, you agree to the
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terms of this Agreement.
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Last Updated: April 5, 2023
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DEFINITIONS
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"Software" means any software published and distributed by PhotoPrism, either
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self-hosted, installed on a device, managed, or as a service.
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"Open Source Software" is any software component or software application,
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including third-party software, distributed under a Public License.
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"Services" means any backend services, world maps, hosted documentation, remote
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access, cloud storage, software as a service, support forums, member benefits
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and/or other services offered by PhotoPrism that are based on or complementary
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to the Software.
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"Documentation" means all instructions, diagrams, screenshots, manuals, guides,
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references and/or other written documents related to the Software and the
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Services.
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"Digital Assets" means icons, fonts, illustrations, graphics, background
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images, videos, sounds, models, and sample files related to or accompanying the
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Software and/or Documentation, such as those provided on GitHub, distributed at
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dl.photoprism.app, or used on docs.photoprism.app.
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"Brand Assets" means trademarks, logos, icons, fonts, corporate designs,
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product and service names, and any other brand features and elements, whether
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registered or unregistered.
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"Customer" means an individual, company or partnership that has entered into a
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written agreement with PhotoPrism to license Software.
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"Affiliate(s)" means any entity that controls, is controlled by, or is under
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common control with a party, where "control" means the ability to direct the
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management and policies of an entity.
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"Intellectual Property Rights" means all intellectual property rights,
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including but not limited to patents, copyrights, trademarks, goodwill, moral
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rights, trade secrets and all other intellectual and industrial property rights
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and proprietary rights, including registrations, applications, renewals and
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extensions of such rights worldwide.
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"License Agreement" means the agreement between PhotoPrism (or a PhotoPrism
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Affiliate or an authorized reseller of the Software) and Customer under which
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Customer has acquired or will acquire license rights to use the Software.
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"Public License" means any license that conforms to the Open Source Definition
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(as promulgated by the Open Source Initiative) or the Free Software Definition
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(as promulgated by the Free Software Foundation) or a substantially similar
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license, including any license approved by the Open Source Initiative or a
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Creative Commons license. "Open Source Licenses" include copyleft licenses.
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TERMS OF USE
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(a) Our public Documentation is available under the terms of the CC BY-NC-SA
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4.0 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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(b) We hereby grant you a non-exclusive, royalty-free, worldwide,
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non-sublicensable, non-transferable right to use the Digital Assets in
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combination with the Software and Services, unless otherwise noted.
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(c) 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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(d) All rights not expressly licensed by PhotoPrism under a License Agreement or
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provided under a Public License are reserved. For the avoidance of doubt, this
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also applies to promotional materials, legal documents, and any other
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Intellectual Property Rights. The use, reproduction, and distribution of Open
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Source Software is subject to the terms of the applicable Public License.
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TRADEMARK AND BRAND ASSETS
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(a) PhotoPrism’s Brand Assets are proprietary assets owned exclusively by
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PhotoPrism. We reserve the right to object to any use or misuse in any
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jurisdiction worldwide. 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. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED,
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INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE,
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NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
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PHOTOPRISM DOES NOT WARRANT THAT THE SOFTWARE, SERVICES OR DOCUMENTATION WILL
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BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. WE
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DISCLAIM 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, VENDORS OR
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SERVICE PROVIDERS.
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LIMITATION OF LIABILITY
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TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES
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ASSOCIATED WITH OUR SOFTWARE, SERVICES OR DOCUMENTATION, INCLUDING WITHOUT
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LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY
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KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST
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PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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IN NO EVENT SHALL PHOTOPRISM HAVE ANY LIABILITY TO ANY THIRD-PARTY SUPPLIER,
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VENDOR OR SERVICE PROVIDER. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS,
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OUR MAXIMUM AGGREGATE LIABILITY IS EUR 50.
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FINAL PROVISIONS
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(a) These terms do not imply any rights other than those expressly granted in
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these terms.
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(b) In the event that you breach these terms and we do not take any action, we
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will still be entitled to use our rights and remedies in any other situation
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where you breach these terms.
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(c) If a provision of these terms is or becomes legally invalid or if there is
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any gap that needs to be filled, the validity of the remainder of these terms
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shall not be affected thereby. Invalid provisions shall be replaced by common
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consent with such provisions which come as close as possible to the intended
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result of the invalid provision. In the event of gaps, such provisions shall
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come into force by common consent which comes as close as possible to the
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intended result of these terms, should the matter have been considered in
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advance. Any changes of or amendments to these terms must be in writing to
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become effective. |