MagpieLegal

Magpie terms of use

Revision 15

This agreement covers the Magpie client applications and the Magpie server software, together called Magpie, however you obtained them: a direct download, an app store, or a device store. It is an agreement between you and Ayers Electronics Inc. By installing or using Magpie you accept it. If you do not accept it, do not install or use Magpie.

1. License grant

Ayers Electronics Inc grants you a personal, non-exclusive, non-transferable, revocable license to install and use Magpie in the unmodified form in which it is distributed, for personal or internal business purposes, at no charge. You may install it on as many devices as you control.

Magpie is licensed, not sold. Ayers Electronics Inc retains all right, title, and interest in Magpie, including all intellectual property rights, in perpetuity.

2. Restrictions

You may not, without prior written permission from Ayers Electronics Inc:

  1. Redistribute Magpie, in whole or in part, by any means, including bundling it with other software, mirroring it, or making it available for download.
  2. Modify, adapt, translate, or create derivative works of Magpie.
  3. Reverse engineer, decompile, or disassemble Magpie, or attempt to derive its source code, except to the extent such a restriction is prohibited by applicable law.
  4. Remove, obscure, or alter any copyright, author, or license notice.
  5. Resell access to Magpie, or host it as a paid service for people outside your household. Sharing through the features Magpie itself provides, such as inviting people to your network or publishing a network for anyone to add, is permitted and needs no permission.
  6. Use the Magpie name, the Ayers Electronics Inc name, or the Zachariah Ayers name to endorse or promote any product derived from or interoperating with Magpie.

No source code is provided or promised. No rights are granted beyond those stated in section 1, by implication, estoppel, or otherwise.

3. Your server, your media, your responsibility

Magpie is self-hosted: a server you run is on hardware you own or control. No server of your own is required. The client applications connect to each network you add, such as your own server, another household's server or WatchMagpie, and play a tuner channel's stream from the address its source names.

You are solely responsible for:

  1. The media files you place in your libraries, and for holding whatever rights are required to store, play, and share them.
  2. Operating your server, including its accounts, its passwords, its network exposure, and its backups.
  3. Any third-party service you choose to configure on your server, including metadata providers, subtitle providers, and usenet providers, and for complying with those providers' terms and with the law where you are.

Ayers Electronics Inc runs watchmagpie.com, which hosts the WatchMagpie lineup of classic films and shows, serves the channel lists of the public networks Magpie offers, and lists the networks households choose to share. Beyond those, Ayers Electronics Inc does not supply, host, index, recommend, or endorse any media, and it has no access to your server or its contents. Magpie reads your media files; it does not modify, move, or convert them in place.

A network you join is run by its owner, who decides what it records and offers. Ayers Electronics Inc is responsible only for watchmagpie.com.

4. Privacy

Ayers Electronics Inc collects no personal data from Magpie. There is no vendor account, no telemetry, no analytics, and no advertising. The one record Ayers Electronics Inc keeps is WatchMagpie's Binge Limit meter. The privacy policy states this in full.

5. Third-party components

Magpie includes and invokes third-party components under their own terms. Those terms are listed in the third-party notices, and they govern those components rather than this agreement.

6. Updates

Update checks are performed by the software only where the product documents them, and are never forced. Ayers Electronics Inc has no obligation to provide updates, support, maintenance, or any future version of Magpie.

7. Term and termination

This agreement takes effect when you install Magpie and continues until terminated. It terminates automatically if you breach any part of it. On termination you must stop using Magpie and delete all copies in your possession. The ownership sentence in section 1, and sections 3, 8, 9, 10, and 11, survive termination.

8. No warranty

MAGPIE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. AYERS ELECTRONICS INC DOES NOT WARRANT THAT MAGPIE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE, MEDIA FILE, OR SERVICE.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AYERS ELECTRONICS INC, ITS OFFICERS, AND ITS AUTHORS SHALL NOT 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 MAGPIE OR ITS USE. THIS INCLUDES LOSS OF DATA, LOSS OF MEDIA, LOSS OF PROFITS, AND BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

10. Export

You may not use or export Magpie except as permitted by the law of the United States and the law of the jurisdiction in which you obtained it.

11. Governing law

This agreement is governed by the laws of the State of New Jersey, United States, without regard to its conflict of law rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute arising from it.

12. Entire agreement

This agreement, together with the LICENSE file and the third-party notices distributed with Magpie, is the entire agreement between you and Ayers Electronics Inc concerning Magpie, and supersedes any prior understanding.

13. Contact

Ayers Electronics Inc, info@ayers.repair

Appendix A: Apple App Store terms

This appendix applies only to a copy of a Magpie client application obtained from the Apple App Store, and only if Ayers Electronics Inc submits this agreement as a custom end user license agreement rather than selecting Apple's standard agreement.

  1. This agreement is between you and Ayers Electronics Inc only, and not with Apple Inc. Ayers Electronics Inc, not Apple, is solely responsible for the application and its content.
  2. The license granted in section 1 is limited to a non-transferable license to use the application on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  3. Apple has no obligation to provide any maintenance or support for the application.
  4. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is the sole responsibility of Ayers Electronics Inc.
  5. Ayers Electronics Inc, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession and use of it, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and any claim arising under consumer protection or similar legislation.
  6. Ayers Electronics Inc, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights.
  7. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
  8. Apple Inc and its subsidiaries are third-party beneficiaries of this agreement, and upon your acceptance of it Apple has the right, and is deemed to have accepted the right, to enforce it against you as a third-party beneficiary.
  9. Questions, complaints, and support requests concerning the application go to the contact address in section 13.