End User License Agreement (EULA)

Boinx Software International GmbH
End User License Agreement (EULA)
This Agreement is a legal agreement between you (either an individual or a legal entity, “The Licensee”) and Boinx Software International GmbH (“The Licensor”) for the software product FotoMagico (“The Product”). The Product consists of several files including an application which is distributed in electronic form by download from the Internet.

By installing or otherwise using the Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, promptly delete all copies of the unused Product from your mass storage devices. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Grant of License
A. Boinx Software grants to Licensee a non-transferable license to use the Product on any Apple-branded products running Mac OS X, that you own or control and as permitted by the “Usage Rules”. The Product is licensed, not sold, to you

B. This license does not allow you to use the Product on any Apple Device that you do not own or control, and you may not distribute or make the Product available over a network. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof. Any attempt to do so is a violation of the rights of the Licensor and its licensors.

Usage Rules
A. If you are an individual acting in your personal capacity, you may download and use the Product for personal, non-commercial use on any Apple-branded products running Mac OS X (“Mac Computer”) that you own or control.

B. If you are a commercial enterprise or educational institution, you may download the Product for use by either (a) a single individual on each of the Mac Computer(s) used by that individual that you own or control or (b) multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use a Product on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use a Product on a single Mac Computer located at a resource center or library. For the sake of clarity, each Mac Computer used serially by multiple users requires a separate license.

Consent to Use of Data
You agree that Licensor may collect and use technical data and related information–including but not limited to technical information about your device, system and application software, and peripherals–that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Product. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Product Warranty & Liability
THE LICENSEE RECOGNIZES THAT THE PRODUCT IS RELEASED ON AN “AS IS” BASIS, AND THAT THERE IS NO WARRANTY EXPRESSED OR IMPLIED AS TO THE FUNCTIONING, SECURITY, PERFORMANCE OR EFFECT ON OTHER SOFTWARE OR HARDWARE. THE LICENSOR IS NOT OBLIGED TO PROVIDE MAINTENANCE, SUPPORT OR REVISION OF THE PRODUCT. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE APPLICABLE TO THE PRODUCT INCLUDING BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE LICENSOR BE LIABLE FOR SPECIAL, INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL OR ANY OTHER KIND OF DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA. LICENSEE AGREES THAT NEITHER THE LICENSOR NOR THE INDIVIDUALS RESPONSIBLE FOR THE DEVELOPMENT OF THE PRODUCT SHALL BE LIABLE TO LICENSEE FOR ANY LOSS, COSTS OR DAMAGE OF ANY KIND SUFFERED BY LICENSEE WHICH MAY ARISE OUT OF USE, ALTERATION OR DISTRIBUTION OF THE WORK AND LICENSEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE LICENSOR, ITS OFFICERS AND EMPLOYEES FROM ANY SUCH CLAIMS.

If you use FotoMagico to upload video to YouTube, you agree to be bound by the YouTube Terms of Service.

This Agreement constitutes the entire understanding of the parties and cannot be modified except in writing by The Licensor. This Agreement will be governed by the laws of Germany.

Third Party Credits
The following is a list of credits for the use of the respective third party components in the source code for FotoMagico.

PromiseKit

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SwiftyStoreKit

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

ZIPFoundation

Copyright (c) 2017-2021 Thomas Zoechling (https://www.peakstep.com) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

iMedia Browser

iMedia Browser is based on code originally developed by Jason Terhorst, further developed for Sandvox by Greg Hulands, Dan Wood, and Terrence Talbot. The new architecture for version 2.0 was developed by Peter Baumgartner. Contributions have also been made by Matt Gough, Martin Wennerberg and others as indicated in source files. The iMedia Browser Framework is licensed under the following terms:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in all or substantial portions of the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

Redistributions of source code must retain the original terms stated here, including this list of conditions, the disclaimer noted below, and the following copyright notice: Copyright (c) 2005-2012 by Karelia Software et al. Redistributions in binary form must include, in an end-user-visible manner, e.g., About window, Acknowledgments window, or similar, either a) the original terms stated here, including this list of conditions, the disclaimer noted below, and the aforementioned copyright notice, or b) the aforementioned copyright notice and a link to karelia.com/imedia. Neither the name of Karelia Software, nor Sandvox, nor the names of contributors to iMedia Browser may be used to endorse or promote products derived from the Software without prior and express written permission from Karelia Software or individual contributors, as appropriate.

Disclaimer: THE SOFTWARE IS PROVIDED BY THE COPYRIGHT OWNER AND CONTRIBUTORS “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH, THE SOFTWARE OR THE USE OF, OR OTHER DEALINGS IN, THE SOFTWARE. ©2004-2013 by Karelia Software

CoreGPX

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

Sparkle

Copyright (c) 2006-2013 Andy Matuschak. Copyright (c) 2009-2013 Elgato Systems GmbH. Copyright (c) 2011-2014 Kornel Lesiński. Copyright (c) 2015-2017 Mayur Pawashe. Copyright (c) 2014 C.W. Betts. Copyright (c) 2014 Petroules Corporation. Copyright (c) 2014 Big Nerd Ranch. All rights reserved.

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

RxSwift

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

Starscream

Starscream is licensed under the Apache v2 License.

swift-nio-zlib-support

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

SPDX-License-Identifier: Apache-2.0

SwiftPhoenixClient

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

BeatDetect

Used unter MIT License with permission by Daniel Iglesia

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.