End User License Agreement

IMPORTANT — READ CAREFULLY. This End User License Agreement (“Agreement”) is a legal agreement between you (“You”) and Egīls Ziediņš (“Licensor”) for the PhotoNest software, including its executables, libraries, data files, and accompanying documentation (“Software”).

By installing, copying, or otherwise using the Software, You agree to be bound by this Agreement. If You do not agree, do not install or use the Software.

This is a commercial, proprietary product. It is licensed, not sold.

1. GRANT OF LICENSE

Subject to Your compliance with this Agreement and payment of any applicable fees, Licensor grants You a personal, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on devices You own or control, for Your own use, subject to any device limits disclosed at purchase. This license may be terminated only as described in Section 7 or as permitted by applicable law. You may make backup copies for Your own use.

You may use the built-in remote-access, phone-backup and sharing features for their intended purposes, including serving the accompanying web client to Your authorised users and share-link recipients.

Purchases of PhotoNest are made only through Microsoft Store. The license rights and device allowances granted by the Microsoft Store terms for Your purchase apply in addition to this Agreement.

2. RESTRICTIONS

Except to the extent expressly permitted by this Agreement, by the Microsoft Store terms applicable to Your purchase, by Section 3 below, or by applicable law that cannot lawfully be excluded by contract, You may NOT:

(a) copy, publish, distribute, transmit, sell, resell, rent, lease, lend, sublicense, or otherwise make the Software available to any third party;

(b) reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive its source code;

(c) circumvent, disable, remove, or interfere with any licensing, activation, entitlement, copy-protection, or security mechanism of the Software, or use the Software without a valid license or entitlement;

(d) modify, adapt, translate, or create derivative works of the Software;

(e) remove, obscure, or alter any copyright, trademark, or other proprietary notice in or on the Software, including the third-party notices described in Section 4;

(f) use the Software to develop a competing product, or use it in any way that violates applicable law.

3. OPEN-SOURCE COMPONENTS AND MANDATORY EXCEPTIONS

The Software incorporates third-party components licensed under their own terms, listed in the “ThirdPartyNotices” folder distributed with the Software. Those terms govern those components, and to the extent any of them conflicts with this Agreement in respect of that component, that component’s license prevails over this Agreement for that component.

These exceptions apply to the whole Agreement, including its restrictions, termination provisions and third-party-beneficiary provisions:

(a) Certain components are licensed under the GNU Lesser General Public License version 2.1 or version 3 (“LGPL”), including the LGPL codec dependencies included in Magick.Native-Q8-x64.dll and the standalone FFmpeg shared-library distribution. The applicable versions and license texts are in ThirdPartyNotices. Nothing in Section 2 restricts any right You have under the applicable LGPL with respect to those components. Specifically, Section 2(b) does NOT prohibit reverse engineering of the combined work for debugging modifications You make to those LGPL components. You may modify the combined work for Your own use and replace or relink those components as the applicable LGPL permits. No license or security restriction in this Agreement overrides these rights.

(b) For each distributed release, Licensor provides the corresponding source for its LGPL components, including applicable modifications, build scripts and the materials required to rebuild or relink them, at no additional charge alongside the download or through the source link supplied with that release. See ThirdPartyNotices/LGPL-RELINKING.txt for component versions and replacement instructions. You may also request these materials from the contact in Section 10. An upstream project link alone is not a substitute for the source corresponding to the shipped build.

(c) The Software distributes dcraw (“dcraw.exe”) under the GNU General Public License version 2 (“GPL-2.0”). It is a SEPARATE program: the Software invokes it as an independent process and neither links against it nor derives from it. dcraw is licensed separately under GPL-2.0. Its complete corresponding source ships beside the executable as “ThirdParty/dcraw/dcraw.c”, together with the license text in “ThirdParty/dcraw/COPYING.txt”. Nothing in Section 2 restricts any right You have under GPL-2.0 in respect of that component.

(d) The Software resolves place names using data from the GeoNames project, licensed under Creative Commons Attribution 4.0 (CC BY 4.0). Attribution is provided in the ThirdPartyNotices folder and must not be removed.

(e) Machine-learning models used for face recognition and semantic search are not distributed with the Software; they are downloaded on demand and are licensed under the Apache License 2.0. All inference runs locally on Your device.

4. THIRD-PARTY NOTICES

The “ThirdPartyNotices” folder distributed with the Software must be retained and distributed together with the Software. You may not remove it.

5. OWNERSHIP

The Software is licensed, not sold. Licensor and its suppliers retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted except as expressly stated in this Agreement.

6. YOUR CONTENT AND PRIVACY

The Software is local-first. Your photos, videos, metadata, face data, search indexes, and derived caches are processed on devices You control. Licensor does not receive them automatically. Features You enable, including phone backup, remote access and share links, transfer content to Your chosen server or recipients. Licensor claims no ownership of Your content. You are responsible for maintaining backups and for having the rights and permissions needed to process or share other people’s content and personal data.

Optional features may connect to third-party services at Your direction (for example, downloading machine-learning models or geographic data). Those connections are governed by the relevant third party’s terms. The accompanying Privacy Policy describes these connections, local storage and deletion controls.

7. TERM AND TERMINATION

This Agreement is effective until terminated. You may terminate it by stopping use and removing Your copies of the proprietary Software. Licensor may terminate it for a material breach that You do not remedy within 30 days after notice, subject to applicable law. On termination You must stop use and remove Your copies of the proprietary Software. This does not require deleting Your photos or other content, terminate independent third-party licenses, or end Licensor’s source-distribution obligations. Sections 3, 5, 8, 9 and 10 survive termination.

8. DISCLAIMER OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, INCLUDING THE THIRD-PARTY COMPONENTS DISTRIBUTED WITH IT, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND FROM LICENSOR OR ITS LICENSORS AND SUPPLIERS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER LICENSOR NOR ITS LICENSORS AND SUPPLIERS WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DATA WILL NOT BE LOST OR CORRUPTED.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR PHOTOGRAPHS, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT. THE TOTAL AGGREGATE LIABILITY OF LICENSOR AND ITS LICENSORS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE.

Licensor’s licensors and suppliers, including the providers of the third-party components listed in the ThirdPartyNotices folder, are intended third-party beneficiaries of Sections 2, 8 and 9 and may enforce them. This does not limit any right You have under an open-source license described in Section 3.

Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud. If You are a consumer, You may have statutory rights that this Agreement does not affect.

In particular, these disclaimers do not replace mandatory consumer rights to conforming digital content, required updates, repair or other remedies, refunds, or withdrawal where applicable. Purchase and refund requests are also subject to the terms of the store through which You purchased the Software.

10. GENERAL

This Agreement is governed by the laws of Latvia, subject to mandatory protections and court rights available to consumers in their country of residence. If any provision is held unenforceable, it shall be modified only to the minimum extent necessary and the remainder shall remain in force. This Agreement, together with the third-party notices and any applicable store terms, is the entire agreement between the parties regarding the Software.

Contact: support@photonest.app
Support and bug reports: https://github.com/egilszied/PhotoNest/issues