End User License Agreement
In short: you may install and use NoirPanther for yourself. The app stays the property of its developer. It is provided “as is”, without warranties, and you are responsible for the servers you connect it to and for the content you read with it.
This End User License Agreement (“Agreement”) is a legal agreement between you and Ivan Kuvshinov, an individual developer based in Portugal (“Developer”, “we”), for the NoirPanther application for iOS, iPadOS, macOS and Android, including its updates (“App”). By installing or using the App you accept this Agreement. If you do not agree, do not install or use the App.
1. License
The App is licensed, not sold. Subject to this Agreement, the Developer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices that you own or control, as permitted by the usage rules of the store from which you obtained it (including Family Sharing and volume purchasing where the store provides them).
2. Ownership
The App, including its code, design, artwork, mascots, name and logo, is owned by the Developer and protected by copyright and other laws. All rights not expressly granted to you are reserved. This Agreement gives you no right to the App’s source code.
3. Restrictions
You may not, and may not allow others to:
- copy, redistribute, sell, rent, lease, sublicense or otherwise make the App available to third parties;
- modify, translate, adapt or create derivative works of the App;
- reverse engineer, decompile or disassemble the App, except to the extent this restriction is prohibited by applicable law;
- remove or alter copyright, trademark or other proprietary notices;
- use the App to violate the law or the rights of others.
4. Your servers and your content
The App is a client for self-hosted media servers. The Developer does not provide, host, review or control any books, comics or other content, and does not operate the servers you connect to. You are solely responsible for:
- the servers you add to the App, their security, availability and backups;
- the content you store, access or download, and for having the right to do so;
- keeping your credentials and devices secure.
The public demo server is provided for evaluation only, “as is”, and may be reset, changed or discontinued at any time.
5. Server software and third-party components
The NoirPanther server is separate software, an open-source fork of the Stump media server distributed under the MIT License; it is not covered by this Agreement. The App includes third-party open-source components that remain under their own licenses; the required notices are available in the App.
6. Updates and support
The Developer may release updates, change or remove features, or stop distributing the App at any time, and has no obligation to provide maintenance or support. Questions and bug reports are welcome at ivan@kuvshinov.in.
7. Privacy
The App does not collect personal data. Details are in the Privacy Policy.
8. Termination
This Agreement is effective until terminated. It terminates automatically if you breach it. You may terminate it at any time by deleting the App from your devices. Sections 2, 4 and 9–14 survive termination.
9. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE DEVELOPER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL WORK WITH ANY PARTICULAR SERVER OR FILE, OR THAT READING PROGRESS, BOOKMARKS, NOTES, DOWNLOADS OR OTHER DATA WILL NOT BE LOST. YOU USE THE APP AT YOUR OWN RISK.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, CONTENT, PROFITS, GOODWILL OR BUSINESS, ARISING OUT OF OR RELATED TO THE APP OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DEVELOPER’S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AND (B) TEN EUROS (EUR 10).
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for intent or gross negligence, or for death or personal injury.
11. Consumer rights
If you are a consumer, you may have statutory rights that cannot be waived or limited by contract, including under the laws of the European Union and of your country of residence. Nothing in this Agreement affects those rights.
12. Indemnity
To the extent permitted by law, you agree to indemnify the Developer against claims by third parties arising from the content you access or store using the App, from the servers you operate or connect to, or from your breach of this Agreement or of the law.
13. Legal compliance
You represent that you are not located in a country subject to a government embargo or designated as a “terrorist supporting” country, and that you are not on any government list of prohibited or restricted parties. You agree to comply with all laws applicable to your use of the App.
14. Apple App Store — additional terms
If you obtained the App from the Apple App Store, the following applies:
- Acknowledgement. This Agreement is between you and the Developer only, not with Apple Inc. (“Apple”). The Developer, not Apple, is solely responsible for the App and its content. If this Agreement conflicts with the Apple Media Services Terms and Conditions, those terms prevail to the extent of the conflict.
- Scope of license. The license is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
- Warranty. The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Product claims. The Developer, not Apple, is responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation. This Agreement does not limit the Developer’s liability to you beyond what applicable law permits.
- Intellectual property. In the event of a third-party claim that the App or your possession and use of it infringes that party’s intellectual property rights, the Developer, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App, for example the terms of your network provider and of the servers you connect to.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
15. Google Play
If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this Agreement and has no responsibility for the App.
16. Governing law
This Agreement is governed by the laws of Portugal, without regard to conflict-of-law rules. Disputes are subject to the courts of Portugal. If you are a consumer, this does not deprive you of the protection of the mandatory laws of your country of residence, nor of the right to bring proceedings there.
17. General
The Developer may update this Agreement; the current version is published on this page, and continued use of the App after a change means you accept it. If any provision is held unenforceable, the remaining provisions stay in effect. This Agreement is the entire agreement between you and the Developer regarding the App. The English version prevails over translations.
18. Contact
Ivan Kuvshinov
Rua Cardoso Marta 16
3080-012 Figueira da Foz
Portugal
ivan@kuvshinov.in