PhotoPrism® Documentation and Digital Assets Because we at PhotoPrism UG ("PhotoPrism", "we" or "us") want these Terms of Use ("these Terms") to be easy to understand, we have kept them as short as possible. Visit photoprism.app/contact to view our full contact information as required by law. By using the Documentation and Digital Assets we provide, you agree to these Terms. Last Updated: April 27, 2022 DEFINITIONS "Software" means any software, including its source code, distributed by PhotoPrism, either self-hosted, installed on a device, managed, or as a service. "Open Source Software" is any software component or software application, including third-party software, distributed under a Public License. "Services" means any backend services, world maps, hosted documentation, remote access, cloud storage, software as a service, support forums, member benefits and/or other services offered by PhotoPrism that are based on or complementary to the Software. "Documentation" means all instructions, diagrams, screenshots, manuals, guides, references and/or other written documents related to the Software and the Services. "Digital Assets" means icons, fonts, illustrations, graphics, background images, videos, sounds, models, and sample files related to or accompanying the Software and/or Documentation, such as those provided on GitHub, distributed on dl.photoprism.app, used on docs.photoprism.app, and embedded in our website. "Brand Assets" means trademarks, logos, icons, fonts, corporate designs, product and service names, and any other brand features and elements, whether registered or unregistered. "Customer" means an individual, company or partnership that has entered into a written agreement with PhotoPrism to license Software. "Affiliate(s)" means any entity that controls, is controlled by, or is under common control with a party, where "control" means the ability to direct the management and policies of an entity. "Intellectual Property Rights" means all intellectual property rights, including but not limited to patents, copyrights, trademarks, goodwill, moral rights, trade secrets and all other intellectual and industrial property rights and proprietary rights, including registrations, applications, renewals and extensions of such rights worldwide. "License Agreement" means the agreement between PhotoPrism (or a PhotoPrism Affiliate or an authorized reseller of the Software) and Customer under which Customer has acquired or will acquire license rights to use the Software. "Public License" means any license that conforms to the Open Source Definition (as promulgated by the Open Source Initiative) or the Free Software Definition (as promulgated by the Free Software Foundation) or a substantially similar license, including any license approved by the Open Source Initiative or a Creative Commons license. "Open Source Licenses" include copyleft licenses. TERMS OF USE (a) Our public Documentation is available under the terms of the CC BY-NC-SA 4.0 License. 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. (b) We hereby grant you a non-exclusive, non-transferable right to use the Digital Assets in combination with the Software and Services, unless otherwise noted. (c) 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. (d) All rights not expressly licensed by PhotoPrism under a License Agreement or provided under a Public License are reserved. For the avoidance of doubt, this also applies to promotional materials, legal documents, and any other Intellectual Property Rights. The use, reproduction, and distribution of Open Source Software is subject to the terms of the applicable Public License. TRADEMARK AND BRAND ASSETS (a) PhotoPrism’s Brand Assets are proprietary assets owned exclusively by 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. 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 OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES OR FOR ANY ACTS OR OMISSIONS OF ANY THIRD-PARTY SUPPLIERS, VENDORS OR SERVICE PROVIDERS. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH OUR SOFTWARE, SERVICES OR DOCUMENTATION, 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 SHALL PHOTOPRISM HAVE ANY LIABILITY TO ANY THIRD-PARTY SUPPLIER, VENDOR OR SERVICE PROVIDER. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY IS EUR 50. WAIVER In the event that you breach these Terms and we do not take any action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. SEVERABILITY If a provision of these Terms is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of these Terms shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps, such provisions shall come into force by common consent which comes as close as possible to the intended result of these Terms, should the matter have been considered in advance. Any changes of or amendments to these Terms must be in writing to become effective.