Terms of Use & License Agreement

Please read these Terms of Use and this End User License Agreement ("Agreement") carefully before using the Application.

This Agreement is a legal agreement between you ("User" or "you") and Flore Technologies, LLC ("Developer," "we," "us," or "our") for the use of Echolair ("Licensed Application"), a self-hosted media server and web player. The Licensed Application is licensed, not sold, to you.

By downloading, installing, deploying, or using the Licensed Application, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, deploy, or use the Licensed Application.

1. Scope of License

Flore Technologies, LLC grants you a nontransferable license to use the Licensed Application on servers and devices that you own or control. The terms of this Agreement will govern any content, materials, or services accessible from or within the Licensed Application as well as upgrades provided by Flore Technologies, LLC that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license agreement. You may not transfer, redistribute, or sublicense the Licensed Application except as expressly permitted. You may not reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

2. Maintenance and Support

Flore Technologies, LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. Support is provided on a best-efforts basis. Flore Technologies, LLC makes no guarantees regarding response times, availability of support, continued development, or compatibility with future operating system, browser, or device versions.

3. Self-Hosting Responsibilities

Echolair is a self-hosted application. You are solely responsible for the operation, configuration, security, availability, and backup of any server on which you deploy the Licensed Application, and for the accounts and access you grant to other users of that server. Flore Technologies, LLC is not responsible for the content, availability, configuration, or operation of any Echolair server you or a third party operate.

4. Product Claims

Flore Technologies, LLC is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement may not limit Flore Technologies, LLC's liability to you beyond what is permitted by applicable law.

5. Intellectual Property Rights

In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Flore Technologies, LLC will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent it arises from the Licensed Application itself and not from content you provide or serve.

6. Legal Compliance

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list, and that you will not use the Licensed Application for any purposes prohibited by United States law.

7. Developer Name and Address

Any questions, complaints, or claims with respect to the Licensed Application should be directed to:

8. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application. In particular:

• The Licensed Application may connect to or interoperate with third-party media servers and services. Your use of any such server or service is subject to the terms and conditions of its operator. Flore Technologies, LLC is not responsible for the content, availability, or operation of any third-party server or service.
• Your use of the Licensed Application may require an active internet connection provided by a third-party network provider. You must not be in violation of your network provider agreement when using the Licensed Application, and you are responsible for any charges imposed by your network provider, including data usage fees.

9. Data and Privacy

The Licensed Application is designed to minimize data collection. Your library, playback, accounts, and session data are stored on the server you operate or choose to connect to. Any credentials you enter are stored locally in your browser or client and are sent only to the server being contacted. Your use of the Licensed Application is also subject to Flore Technologies, LLC's Privacy Policy, available at echolair.com/privacy.

10. Termination

This Agreement is effective until terminated by you or Flore Technologies, LLC. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Flore Technologies, LLC may, at its sole discretion, provide you with written notice of any such failure and a reasonable opportunity to cure the breach before termination takes effect. Upon termination, you shall cease all use of the Licensed Application and destroy all copies in your possession.

11. Content and External Services

The Licensed Application is a media server and player that enables you to organize and play media files from your own personal collection or from third-party servers and services that you configure. Flore Technologies, LLC does not host, store, provide access to, distribute, or stream any copyrighted music, video, or other media content. All media content accessed through the Licensed Application is provided by you or by third-party servers and services that you choose to connect to. You are solely responsible for ensuring that you have the legal right to access, store, serve, and play any media content through the Licensed Application.

The Licensed Application may enable access to Flore Technologies, LLC's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Flore Technologies, LLC is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Licensed Application or any External Service is for general informational purposes only and is not guaranteed by Flore Technologies, LLC or its agents. Flore Technologies, LLC reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Flore Technologies, LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney's fees) arising from: (i) your use of the Licensed Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; (iv) any media content you store, serve, or play through the Licensed Application; or (v) any claim that your use of the Licensed Application caused damage to a third party.

13. No Warranty

You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and "as available," with all faults and without warranty of any kind, and Flore Technologies, LLC hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

14. Limitation of Liability

To the extent not prohibited by law, in no event shall Flore Technologies, LLC be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Flore Technologies, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

15. Governing Law

This Agreement and the relationship between you and Flore Technologies, LLC shall be governed by the laws of the State of Arizona, excluding its conflicts of law provisions. You and Flore Technologies, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Licensed Application from the U.S.; and (d) you are a citizen of a European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is the United Nations Convention on the International Sale of Goods.

16. Entire Agreement

This Agreement constitutes the entire agreement between you and Flore Technologies, LLC with respect to the Licensed Application and supersedes all prior or contemporaneous understandings regarding such subject matter.

17. Amendments

Flore Technologies, LLC reserves the right to modify this Agreement at any time. Your continued use of the Licensed Application after any such changes constitutes your acceptance of the new terms.

18. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect.

By downloading, installing, deploying, or using Echolair, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Flore Technologies, LLC · dev@floretechnologies.com