AeSweets End-User License Agreement
Last Updated: November 5, 2015
PLEASE READ THIS END-USER LICENSE AGREEMENT (EULA). BY CLICKING "I AGREE", OR BY TAKING ANY STEP TO INSTALL OR USE THE SCRIPTS AND ANIMATION PACKAGES, YOU REPRESENT THAT YOU ARE OF THE LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS EULA AND YOU AGREE TO BE BOUND BY ITS TERMS AS WELL AS AESWEETS' TERMS OF USE, PRIVACY POLICY AND COOKIES POLICY.
AeSweets - AE SWEETS LTD, a company registered under the laws of Republic of Bulgaria with its office at: 24 Vasil Levski Boulevard, Sofia, Republic of Bulgaria.
aesweets.com - the Website.
Scripts - software scripts, instruction sets and any related documentation.
Animation Package - AeSweets-provided archive files containing, but not limited to, animation preset files usually with "anim" file extension and thumbnail images.
Computer - an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
Third Party means a person, entity or other party other than you or AeSweets.
Permitted Number - means one (1) unless otherwise stated under a valid license.
The definitions of terms as defined and used in AeSweets' Terms of Use, Privacy Policy and Cookies Policy shall also apply to this EULA.
The following is a legal license agreement between you or the employer or other entity on whose behalf you are entering into this EULA and AeSweets, which sets forth the rights and obligations with respect to the Script named "Sweet" and any Animation Package(s) licensed to you. By entering into this EULA, you confirm that your country of residence is the same as your billing address.
AeSweets hereby grants you the non-exclusive, non-transferable rights to install and use Sweet and Animation Package(s) on your Computer, as expressly permitted by the rules regulating Sweet below and subject to the limitations set forth herein. Sweet functions as described in its related documentation.
1. You have the right to use Sweet for free. Activation of Sweet requires an e-mail.
2. After the activation of Sweet, in order to use Sweet's full potential, you shall pay for an activation key for Animation Package(s). The Animation Package named Starter Pack, which is included in Sweet's download archive, has 7-day or 30 runs trial period. This trial period starts to expire from the first moment Sweet loads. The other offered Animation Packages do not include trial version and, unless entitled free, you shall pay the specified price on the Website for an activation key for the Animation Packages in order to use them.
3. During the trial period AeSweets grants you the right to use Sweet and the Starter Pack for personal purposes only.
4. After the expiration of the trial period Starter Pack disappears from your user interface (UI) and it shall be activated with an activation key for further use.
5. Activation of the Animation Package(s) requires e-mail and activation key.
6. You can pay for an activation key at any time, which unlocks single Animation Package for further use including for personal, business and commercial purposes. The paid activation key grants you the right to use the product as stated in this EULA.
7. The license for Sweet and the Animation Package(s) is per Computer. In order to use Sweet or the Animation Packages on more than one Computer you shall obtain the appropriate number of licenses for Sweet and for the Animation Packages.
8. Except as otherwise permitted in the documentation and subject to license restrictions stated in this EULA, you shall not install Sweet on a server. Computers capable of accessing Sweet installed on a server may not exceed the Permitted Number. For example, if you have paid for 10 activation keys of the same type, the Permitted Number is 10 for the product of that type.
You shall pay the applicable fees as specified on the AeSweets website. AeSweets accepts credit card payments using PayPal. AeSweets has the right to terminate this EULA if the billing information is false, fraudulent or invalid.
Each user has the right to purchase unlimited amount of Animation Packages. One Animation Package can be stored and used only on one Computer and by multiple users operating on the Computer. The same Animation Package can be used on another Computer after transfer of the license from one Computer to another subject to the terms set out below in this section of this EULA.
You shall not, however, transfer or sublicense Sweet and Animation Package(s) to any third party, in whole or in part, in any form, whether modified or unmodified.
Transfer of the license
In order to transfer Sweet and the Animation Package(s) to another Computer you shall:
1. Uninstall Sweet and the Animation Packages from the Activation info panel by pressing "uninstall button" in the user interface or as stated in the related documentation;
2. Delete all files from your Computer that are related to Sweet and the Animation Package(s);
3. Make a request at for transfer of your activation key;
4. Install and activate Sweet and the Animation Package(s) on another Computer.
You shall not transfer the license from one Computer to another more often than once in 72 hours unless you obtain permission from AeSweets.
You shall not:
1. Enter into this EULA if you are under the age of 18;
2. Use Sweet and the Animation Package(s) other than as expressly provided by the license you have obtained;
3. Use Sweet and the Animation Package(s) in an immoral or defamatory context, or in a way which can be thought illegal, offensive or derogatory;
4. Resell, provide others access to, redistribute Sweet and Animation Package(s) except as expressly provided herein;
5. Use Sweet and Animation Package(s) in a way that violates any third party's intellectual property right and any applicable law or regulation of any country, state, or other governmental entity;
6. Misleadingly represent that Sweet and Animation Package(s) was created by you or a person other than AeSweets;
7. Sell products whose primary value is formed from Sweet or the Animation Package(s).
AeSweets warrants and represents that it has all necessary rights and authority to enter into and perform this EULA. AeSweets warrants and represents that Sweet and the Animation Package(s) offered by AeSweets do not infringe any other intellectual property right. AeSweets shall retain all right, title, and interest, including all intellectual property rights, in and to Sweet and the Animation Package(s). You agree that the use of Sweet and the Animation Package(s) is at your sole risk as to satisfactory quality performance, accuracy and effort. AeSweets licenses, and you accept the licensed Sweet and the Animation Package(s) on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis. AeSweets makes no warranties regarding the function or use of the licensed Sweet and the Animation Package(s), whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or adequacy for any specific purpose. You bear the whole risk for the quality, performance and use of the licensed Sweet and the Animation Package(s). AeSweets does not guarantee that the functions included in the licensed Sweet and the Animation Package(s) will meet your expectations or that the operation of the licensed Sweet and the Animation Package(s) will be uninterrupted or error free.
AeSweets' liability to you under any provisions of this EULA for damages shall be limited to the amounts paid hereunder by you to AeSweets. To the maximum extent permitted by applicable law, in no event should AeSweets be responsible for:
Any loss or damage that may result from your inability to use or access Sweet and the Animation Package(s);
Any loss or damage that may result from any modifications, adjustments and changes which AeSweets might make to Sweet and the Animation Package(s);
Any loss or damage that may result from any momentary or constant suspension or cessation of access to Sweet and the Animation Package(s) from any or all countries;
Any loss or damage that may result from any action against you by third party rightsholders regarding any breach of third party's rights due to your use of Sweet and the Animation Package(s);
Any loss or damage that may result from any imperfection or defect of Sweet and the Animation Package(s);
Any loss or damage that may result from any errors or omissions in Sweet's and the Animation Packages' operation;
Any loss or damage that may result from your failure to provide correct information to AeSweets;
Any loss or damage to any computer software and hardware as well as any loss of information.
You shall notify AeSweets in case of any claim or cause of action associated with your use of Sweet and the Animation Package(s). You shall indemnify, defend and hold harmless AeSweets, including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders against any and all claims, expenses, losses, damages and costs of any kind arising from any use of Sweet and Animation Package(s) other than the uses expressly permitted by this EULA. You further agree to indemnify AeSweets for all costs and expenses that AeSweets incurs in the event that you breach any of the terms of this EULA or any other agreement with AeSweets.
You hereby agree that:
AeSweets, including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders shall not be responsible to you for any modifications and changes to Sweet and the Animation Package(s) that AeSweets could make at its discretion;
AeSweets, including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders shall not be responsible to you for any decision to discontinue, suspend or terminate Sweet and the Animation Packages or any part(s) of them.
AeSweets is allowed at its own discretion to:
1. Change and modify any features of Sweet and the Animation Packages;
2. Remove or introduce new Animation Packages;
3. Change the prices for the Animation Packages at any time.
This EULA is valid until it is terminated. This EULA shall be effective for a period of three years.
You are allowed to terminate this EULA by:
1. Deleting and destroying Sweet and Animation Package(s) acquired by you and in your possession;
2. Ceasing to use Sweet and Animation Package(s) for any purpose.
In the event of termination you shall send us a written notice to AeSweets at 24 Vasil Levski Boulevard, Sofia, Republic of Bulgaria or by email us at: .
AeSweets has the right to terminate this EULA without notice to you in the following cases:
1. If you violate any of the terms and conditions of this EULA or any other agreement with AeSweets;
3. If AeSweets decides at its own discretion to stop providing access to the Platform in the jurisdiction of your residence or from where you are using the Platform;
4. In other reasonable circumstances as determined by AeSweets at its discretion.
In the event of termination of this EULA you shall immediately delete Sweet and the Animation Package(s) acquired from AeSweets. You shall confirm in writing that the foregoing requirement has been completed.
1. AeSweets shall not be obliged to issue refunds' cancellations under any circumstances except when obliged by law. All requests for refunds' cancellations shall be made in writing. In case that AeSweets concludes that you are entitled to a refund of all or part of the paid fees, the refund will be made using the payment method you have originally made for your purchase. In the event of cancellation, your rights to use Sweet and the Animation Package(s) terminate.
2. "Non-transferable" as used herein means that except as specifically provided in this EULA, you are not allowed to sell, distribute, sublicense or otherwise transfer to anyone the products offered by AeSweets
3. The whole EULA is subject to the laws of the Republic of Bulgaria. All issues that are not explicitly regulated in this EULA shall be governed by the provisions of the current Bulgarian legislation. You hereby agree, and AeSweets agrees all disputes arising out or in connection with this EULA, including disputes regarding its interpretation, execution, nullity and termination shall be settled amicably by you and AeSweets and in case the dispute cannot be resolved amicably, it shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce.
4. Should one or more provisions of this EULA be found to be unlawful, void or unenforceable, such provision(s) shall be considered separately from this EULA and shall not affect the validity and/or enforceability of the remaining provisions of this EULA, which will remain in full force and effect.
5. In case you are entering into this EULA on behalf of your employer or other entity, you warrant that you are fully authorised to do so. If you do not have such authority, you accept and agree that you will be personally responsible to AeSweets for any breaches of this EULA.
6. Any person who is not a party to this EULA shall have no right to enforce this EULA or any of its terms.
7. You agree that this EULA is entered into entirely for the mutual benefit of both parties and no rights or obligations are intended by this EULA to third parties.
8. All notices in connection with this EULA shall be sent in writing at: 24 Vasil Levski Boulevard, Sofia, Republic of Bulgaria or by electronic mail at: .