End User License Agreement

1. Definitions

• "Software" means the EarMuse application, including all executables, libraries, assets, documentation, and any updates or upgrades provided by Licensor.
• "License" means the right to use the Software as granted under this Agreement.
• "Device" means any macOS, iOS, iPadOS, or tvOS-compatible device on which the Software is installed and used.
• "Server" means the Audiobookshelf server instance that you operate or are authorized to access, to which the Software connects.
• "User Data" means your server connection details and credentials, locally cached library and metadata, listening progress, bookmarks, downloads, and preferences processed by the Software on your Device.

2. Grant of License

Subject to the terms and conditions of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on Devices that you own or control.
• Use the Software solely for your personal, non-commercial purpose of accessing and playing content from an Audiobookshelf Server that you own or are authorized to use.

The Software is provided at no cost. This license does not include the right to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Software.

3. Your Server and Your Content

The Software is a client for a third-party, self-hosted Audiobookshelf Server. Licensor does not provide, host, or control any Server, and does not provide any audiobooks, podcasts, cover art, or other content. You are solely responsible for the Server you connect to, for your authority to access it, and for ensuring that your use of any content obtained through it complies with all applicable laws and the rights of the content's owners. Licensor has no responsibility for the availability, security, accuracy, or legality of any Server or its content.

4. Apple App Store Distribution

For copies of the Software obtained via the Apple App Store, Apple's standard Licensed Application End User License Agreement ("Apple LAEULA") applies as the primary agreement between you and the Licensor, supplemented by the additional terms in this Agreement. In case of any conflict between Apple's LAEULA and this Agreement, Apple's LAEULA controls. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.

5. Restrictions

You may not:

• Copy, modify, adapt, translate, or create derivative works based on the Software.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent permitted by applicable law.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Software.
• Distribute, sublicense, lease, rent, loan, or otherwise make the Software available to third parties.
• Use the Software to access content you are not authorized to access, or in any manner that infringes the rights of any third party or violates applicable laws or the terms of any Server you connect to.

6. Ownership and Intellectual Property

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not convey to you any ownership interest in the Software. Audiobookshelf is an independent open-source project; Apple, iCloud, CarPlay, and Siri are trademarks of Apple Inc. Such names are used solely to identify the compatible server software and platform features the Software works with; EarMuse is not affiliated with, endorsed by, or sponsored by any of them. All audiobooks, podcasts, cover images, titles, and related metadata are the property of their respective rights holders.

7. Privacy and Data Handling

EarMuse stores your server credentials securely on your Device and exchanges your library content and listening progress directly with the Audiobookshelf Server you configure. The Software does not collect, transmit, or share any User Data with Licensor. No analytics, crash reports, or usage data are collected. An optional iCloud feature syncs your play queue privately across your own Apple devices. For full details, see the Privacy Policy.

8. Third-Party Services

The Software interoperates with independent, third-party systems, including the Audiobookshelf Server you connect to, Apple's iCloud (for optional play-queue sync), and, for podcast discovery, Apple's public podcast charts. Licensor has no control over, and accepts no responsibility for, the availability, reliability, accuracy, completeness, or security of any such service, or for any changes to or discontinuation of those services.

9. Updates, Upgrades, and Discontinuation

Licensor may, at its sole discretion, provide updates, patches, or new versions of the Software. Such updates are governed by this Agreement unless accompanied by a separate license agreement. Licensor is not obligated to provide any updates or support.

Licensor may also discontinue the Software at any time without notice. As the Software is provided free of charge, no refunds or compensation of any kind are applicable, whether for updates, bugs, discontinuation, or any other reason.

10. Disclaimer of Warranties

The Software is provided "as is" and "as available," without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, Licensor expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement.

Licensor does not warrant that the Software will meet your requirements, operate without interruption, or be free from errors or security vulnerabilities, nor that it will be compatible with any particular version of the Audiobookshelf server software or that any content accessed through it will be available or accurate.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Software, including but not limited to loss of data, loss of profits, or business interruption, even if Licensor has been advised of the possibility of such damages.

Licensor's total cumulative liability to you for any and all claims arising under this Agreement shall not exceed zero dollars ($0.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Software, the content you access through it, your violation of this Agreement, or your violation of any applicable law or third-party rights.

13. Term and Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically and without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Software and delete all copies in your possession. Sections 6, 10, 11, 12, and 15 shall survive termination.

14. Export Compliance

You agree to comply with all applicable export and re-export laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of such courts.

16. Entire Agreement

This Agreement constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous understandings, negotiations, representations, or agreements, whether written or oral, relating to the subject matter hereof.

17. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

18. Contact

Questions, issues, and feature requests are tracked publicly at the project's GitHub repository.