EULA (End User License Agreement) and Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY.
BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BUTTON, DOWNLOADING THE SOFTWARE, INSTALLING THE SOFTWARE, USING THE SOFTWARE OR ANY RELATED PRODUCT OR PACKAGE PROVIDED BY AEJUICE LLC OR ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS (COLLECTIVELY “AEJUICE” OR “LICENSOR”), OR USING THE HTTPS://AEJUICE.COM WEBSITE, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) AND TERMS AND CONDITIONS FOR USE OF HTTPS://AEJUICE.COM, AS THE “LICENSEE”. IF YOU ARE ACCEPTING THE EULA AND TERMS AND CONDITIONS ON BEHALF OF A CORPORATE LICENSEE YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE JUST LIKE ANY WRITTEN AGREEMENT THAT YOU SIGN.
IF YOU DO NOT AGREE TO THIS EULA OR THE TERMS AND CONDITIONS FOR USE OF HTTPS://AEJUICE.COM, DO NOT CLICK THE “I ACCEPT” BUTTON AND DO NOT DOWNLOAD, INSTALL, USE THE SOFTWARE OR ANY RELATED PRODUCT, OR USE HTTPS://AEJUICE.COM.
TO THE FULL EXTENT PERMISSIBLE BY LAW, AEJUICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIRD-PARTY PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AEJUICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THIRD-PARTY PRODUCT SOLD TO YOU ON THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Words used in this EULA and Terms and Conditions are defined below.
“Package” means all packs and products offered by the Licensor for use with the AEJuice Pack Manager.
“Product” means any and all items available, or previously available, for purchase, download, or access from the Site or otherwise provided by AEJuice, including but not limited to, any component of the Package, Software, educational materials, and related products offered by the Licensor.
“AI Product” means any and all Products utilizing artificial intelligence to generate images from text or from existing image inputs, that are available, or previously available, for purchase, download, or access from the Site or otherwise provided by AEJuice.
“Licensor” or “AEJuice” means AEJuice LLC, a Florida (USA) limited liability company, and where applicable its suppliers and licensors.
“Licensee” means you, the person signing up to this EULA and Terms and Conditions and the user of the Package, Software, or Product.
“Software” means the proprietary software of the Licensor that is included in the Package or Product and that enables the Licensee to create, render and modify images into Works (as defined in Section 2), and shall also encompass any help documentation, if relevant.
“Content” means the proprietary objects, expressions, images, presets and other digital files owned by the Licensor and its Agents that are included in certain Products to facilitate the Licensee’s creation of special effects, and may include various audiovisual content such as videos and clips, photographs, models, drawings, wire files, textures, motion files and music.
The “Site” means HTTPS:AEJuice.com, and the various web pages operated by AEJuice LLC.
“Account” means an account registered by the Licensee or on behalf of Licensee at AEJuice.com. The Licensee is responsible for all activity that occurs via his account. Please notify the Licensor immediately if you become aware of any unauthorized use of the account. Please be notified that the Licensee may not share the account information or use another person’s account.
2. LICENSE GRANT
2.1 The Licensor grants to the Licensee a non-exclusive, nontransferable, royalty-free right and license to use this Package or Product, which contains the Licensor’s proprietary Software and Content for the Licensee’s personal use or for internal business purposes only, subject to the terms and conditions set out in this EULA. The Licensee may develop derivative works such as videos (“Works”) and any Works created by the Licensee as a result of using any Product are subject to this EULA, to the extent that they incorporate any Software or Content from the Product.
2.2 The Licensee may sell a Work that the Licensee has produced using a Product provided that (a) any Content that the Licensee adapts and modifies for use in its own Work may not be used in a Work that infringes the copyright or other intellectual property right or personal right of any third party, that is defamatory, libelous or obscene, or that is in any way unlawful, (b) the Licensee does not attempt to violate any security mechanisms in the Content or Software, or to misrepresent their identity, or to engage in any other unlawful or undesirable conduct, and (c) the Work is not the Licensee’s own offering of the Licensor’s Content and does not otherwise compete with the Licensor’s Products. All other sales of work that the Licensee has produced using a Product are strictly prohibited.
2.3 This EULA entitles the Licensee to use the Software on only two (2) total Physical Machines and/or Virtual Machines at any one time.
2.4 The Licensee is granted a non-exclusive, non-transferable, revocable license to access and use https://aejuice.com strictly in accordance with these Terms and Conditions. As a condition of Licensee’s use of the Site, Licensee warrants to AEJuice that Licensee will not use the Site for any purpose that is unlawful or prohibited by these Terms. Licensee may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Licensee may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
2.4 Licensor reserves the right in its sole discretion, to suspect, revoke, and terminate the Licenses at any time and access to the Site and the related services or any portion thereof, without notice.
3. UPDATES, NOTIFICATIONS, MESSAGES, AND MONITORING
3.1 Unless Licensee selects the check box to opt out, Licensee agrees to receive automatic updates from AEJuice servers and notifications and promotional messages on user machines, even when software is closed.
3.2 In order to ensure compliance by the Licensee, the Licensor reserves the right to monitor the Licensee’s use of the Content, and to audit the installation and use of the Content at any time, giving no more than one week’s notice during customary business hours, either by itself or using an audit or accounting firm for this purpose.
3.3 AEJuice may contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
3.4 Visiting https://aejuice.com or sending emails to AEJuice constitutes electronic communications. Licensee consents to receive electronic communications and agrees that all agreements, notices, disclosures and other communications that AEJuice provides to Licensee electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
4.1 Licensee shall not i) redistribute, encumber, sell, resell, sublicense, rent, lend, lease or otherwise transfer rights to the Package or any Product except in the case of a assignment of a license to the Licensee’s employee, co-worker, or freelancer, as permitted by the Software; ii) reverse engineer, decompile, disassemble or otherwise attempt to discover any part of the source code of the Software; iii) copy any part of the Software (except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium); iv) use the database portion of the Software in connection with any software other than the Software; v) use the Software as part of the software as a service; vi) use the Software Product for advertising adult, political, or illegal content; vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Package or Product; and viii) publish any test runs on the Package or Product to a third party without the Licensor’s prior written consent. Unauthorized reproduction or distribution of the Package or Product may result in civil and criminal penalties.
4.2. This is a limited user license for the Licensee. Licensee may not use the Software on more than two (2) machines at the same time. Licensee may not activate the License on more than five (5) new machines in a single day. If Licensee holds multiple Licenses, Licensee may not use or install the Software on any system beyond the number permitted by the licenses.
4.3 Any employees who are users of the Package or Product require individual licenses, unless otherwise agreed with the Licensor.
4.4 Template and Stock Media Restrictions
The Products may enable the Licensee to create their own Works. Except as otherwise expressly permitted in this EULA and Terms and Conditions, except as permitted under Section 2.2 the Licensee has no right and must not otherwise:
(a) create any project with the Package or Product using Content or other media from any source for use as a template to offer for sale and/or use to third parties.
(b) resell the Licensor’s Content or any project created with the Software in any manner that the Licensor regards as being in competition with its Product.
(c) create a business or offer for sale or otherwise projects or templates created by the Licensor’s Software or create modifications of the Licensor’s Content, which may compete with the Package or the Product. In this regard, no Works that the Licensee has created with any Product or Content that the Licensee has created can serve as any project template, effect preset, motion preset or animation preset, editable media files, or otherwise to be offered to the public or compete with any Product, whether offered for payment or otherwise.
(d) It is forbidden to use any of the Content to train AI in any way.
4.5 Prohibited Uses
(a) Any Content that the Licensee adapts and modifies for use in its own Work may not be used in a Work that infringes the copyright or other intellectual property right or personal right of any third party, that is defamatory, libelous or obscene, or that is in any way unlawful.
(b) In addition, the Licensee must not attempt to violate any security mechanisms in the Content or Software, or to misrepresent their identity, or to engage in any other unlawful or undesirable conduct.
(c) In order to ensure compliance by the Licensee, the Licensor reserves the right to monitor the Licensee’s use of the Content, and to audit the installation and use of the Content at any time, giving no more than one week’s notice during customary business hours, either by itself or using an audit or accounting firm for this purpose.
4.6 Site Content
All content on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AEJuice or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Licensee agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Licensee will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AEJuice content is not for resale. Licensee use of the Site does not entitle Licensee to make any unauthorized use of any protected content, and in particular, Licensee will not delete or alter any proprietary rights or attribution notices in any content. Licensee will use protected content solely for Licensee’s personal use and will make no other use of the content without the express written permission of AEJuice and the copyright owner. Licensee agrees that Licensee does not acquire any ownership rights in any protected content. AEJuice does not grant Licensee any licenses, express or implied, to the intellectual property of AEJuice or our licensors except as expressly authorized by these Terms.
https://aejuice.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AEJuice and AEJuice is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AEJuice is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AEJuice of the site or any association with its operators.
Certain services made available via https://aejuice.com are delivered by third party sites and organizations. By using any Product, service or functionality originating from the https://aejuice.com domain, Licensee hereby acknowledges and consents that AEJuice may share such information and data with any third party with whom AEJucie has a contractual relationship to provide the requested Product, service or functionality on behalf of https://aejuice.com users and customers.
By posting, uploading, inputting, providing, or otherwise submitting materials on the Site (“Submissions”), Licensee is granting AEJuice, its affiliated companies, and necessary sublicensees, permission to use Licensee’s Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the information; and to publish Licensee’s name in connection with the Submission.
No compensation will be paid with respect to the use of Licensee’s Submission, as provided herein. AEJuice is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AEJuice’s sole discretion.
By posting, uploading, inputting, providing or submitting Licensee’s Submission, Licensee warrants and represents that Licensee owns or otherwise controls all of the rights to Licensee’s Submission as described in this section including, without limitation, all the rights necessary for Licensee to provide, post, upload, input or submit the Submissions.
4.7 Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable Licensee to communicate with the public at large or with a group (collectively, “Communication Services”), Licensee agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, Licensee agrees that when using a Communication Service, Licensee will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Licensee owns or controls the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that Licensee knows, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
AEJuice has no obligation to monitor the Communication Services. However, AEJuice reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AEJuice reserves the right to terminate Licensee’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
AEJuice reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AEJuice’s sole discretion.
AEJuice does not control or endorse the content, messages or information found in any Communication Service and, therefore, AEJuice specifically disclaims any liability with regard to the Communication Services and any actions resulting from Licensee’s participation in any Communication Service. Managers and hosts are not authorized AEJuice spokespersons, and their views do not necessarily reflect those of AEJuice.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Licensee is responsible for adhering to such limitations if Licensee uploads the materials.
If Licensee accesses the Site from a location outside the USA, Licensee is responsible for compliance with all local laws. Licensee agrees that Licensee will not use any AEJuice content accessed through https://aejuice.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The Licensor is not under any obligation to provide any support services under this EULA and Terms and Conditions, including upgrades or future versions of any Product.
6. PERSONAL INFORMATION
6.1 AEJuice collects and uses your personal information to operate its Products, deliver the services you have requested, and to inform you of other products or services available from AEJuice and its affiliates. AEJuice may collect personally identifiable information, such as your name. If you purchase AEJuice’s Products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. AEJuice may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future. AEJuice may share your personal information with third-party affiliates, partners, and its independent contractors.
6.2 Information about AEJuice Products usage, your computer hardware and software may be automatically collected by AEJuice. This information can include, but not limited to your IP address, access times. This information is used for the operation of the service, to maintain a quality of the service, and to provide general statistics regarding use of the AEJuice products. If you directly disclose personally identifiable information or personally sensitive data through AEJuice’s public message boards, this information may be collected and used by others.
6.3 Licensee is responsible for maintaining the confidentiality of Licensee’s account and password and for restricting access to Licensee’s computer, and Licensee agrees to accept responsibility for all activities that occur under Licensee’s account or password. Licensee may not assign or otherwise transfer Licensee’s account to any other person or entity. Licensee acknowledges that AEJuice is not responsible for third party access to your account that results from theft or misappropriation of Licensee’s account. AEJuice and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
6.4 If you are under 18, you may use the Site only with permission of a parent or guardian.
6.5 By connecting Licensee’s AEJuice account to Licensee’s third-party account, Licensee acknowledges and agrees that Licensee is consenting to the continuous release of information about Licensee to others (in accordance with Licensee’s privacy settings on those third-party sites). If Licensee does not want information about Licensee to be shared in this manner, Licensee should not use the feature.
7. PROPRIETARY RIGHTS
7.1 All Products are protected by copyright and other intellectual property rights. The Licensor owns the title, copyright and other intellectual property rights (collectively the ‘Rights’) in all Products. The Licensee agrees to respect and protect the Licensor’s copyright and other ownership interests in all Products. The Licensee agrees that all copies of Products reproduced for any reason will contain the same copyright, trademark, and other proprietary notices, as appropriate. The Licensee agrees that the Licensor shall retain title and ownership of all the Products, the media on which it is recorded, and any copies made, regardless of the form or media in or on which the original and other copies may exist.
7.2 Except as otherwise stated herein, this EULA and Terms and Conditions does not grant the Licensee any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect of any Product.
8.1 Limited Software Warranty. For a period of 180 days from the date of shipment or from the date that you download the Software Product, as applicable, AEJuice warrants that when properly installed on hardware that meets the minimum hardware and software requirements and used under normal conditions, the Software Product will perform substantially as advertised.
8.2 Refunds. Licensee may qualify for a refund during the 180-day period after the purchase. Learn more about refunds here. Please contact email@example.com with any questions.
8.3 Except as provided under Section 9.1, the Licensor provides its Products as is, and makes no representations or warranties, express or implied, that the functions contained in the Products will meet the Licensee’s requirements, that the operation of the Products will meet the Licensee’s requirements or that the operation of the Products will be uninterrupted or error free. The Licensee assumes all liability for the selection of the Products to achieve its intended results and for the installation, use and results obtained by it.
8.4 Except as provided under Section 9.1, the Licensor licenses the Products, including without limitation the Products, Software and Content without any express warranties of any kind. With respect to the Software, the Licensor makes no representation as to its adequacy for any particular purpose or to produce any particular result. The Licensor shall not be liable for loss or damage arising out of this EULA and Terms and Conditions or use of the Products, except where expressly indicated in this EULA and Terms and Conditions.
8.5 Except as provided under Section 8.1, the Licensor disclaims to the greatest extent permitted by law, all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, fitness for a particular purpose, accuracy or completeness of responses, of results, workmanlike effort, lack of viruses, lack of negligence, title, non-infringement of third party rights, all with regard to the Products.
8.6 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AEJUICE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
8.8 AEJUICE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AEJUICE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.9 AEJUICE LLC MAKES NO REPRESENTATIONS ABOUT THE MARKET PRICE OR VALUE OF ITS OFFERED PRODUCTS. THE PRICING OF THE PRODUCTS ON THE SITE MAY VARY FOR DIFFERENT VISITORS TO THE SITE AND MAY CHANGE AT ANY TIME.
9. EXCLUSION OF INCIDENTAL, ECONOMIC, AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIMITATION OF LIABILITY AND REMEDIES
9.1 In no event shall the Licensor be liable for any special, incidental, indirect, or economic damages whatsoever (including but not limited to, damages for loss of profits, for business interruption, for loss of goodwill, for work stoppage, for computer failure or malfunction, for failure to meet any duty including duty of good faith or of reasonable care, for negligence and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use any Product or the Site, or otherwise under or in connection with any provision of this EULA and Terms and Conditions in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty or other default of the Licensor, even if the Licensor has been advised of the possibility of such damages. The security mechanisms implemented by the Package or Product has inherent limitations. The Licensor is not responsible for any liability, whether for infringement or otherwise, arising out of the use of any open-source portions of the Products.
9.2 The Licensor is not responsible for any liability arising out of any content provided by the Licensee or a third party that is accessed through any of the Product or the Site and/or any material linked through such content and disclaims any liability in respect thereof.
9.3. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the Licensor under any provision of this EULA and Terms and Conditions and the Licensee’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Licensee for the Package/Product.
9.4 This EULA and Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Florida without reference to the choice of law principles thereof. Any proceeding to enforce or interpret this EULA and Terms and Conditions shall be subject to the exclusive jurisdiction and venue of the courts of the State of Florida located in Lee County, Florida, to whose jurisdiction the parties hereby submit. Licensee and Licensor hereby waive any right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this EULA and Terms and Conditions.
9.5 Should a claim arise relating to this EULA and Terms and Conditions, THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
10.1 The Licensee shall defend and hold harmless AEJuice, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Licensee’s misuse of any Product, Licensee’s use of or inability to use the Site or services, any user postings made by Licensee, or violation of this EULA and Terms and Conditions, violation of any rights of a third party, or Licensee’s violation of any applicable laws, rules or regulations. AEJuice reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Licensee, in which event Licensee will fully cooperate with AEJuice in asserting any available defenses.
11. GENERAL PROVISIONS
11.1 The Licensee may not assign, transfer, charge or otherwise deal with any rights or obligations under this EULA and Terms and Conditions without the prior written consent of the Licensor.
11.2 None of the provisions of this EULA and Terms and Conditions shall be deemed to have been waived by any act or failure to act by the Licensor, its agents, or employees, except by an agreement in writing signed by an authorized signatory of the Licensor.
11.3 It is expressly agreed that a breach of this EULA and Terms and Conditions by the Licensee may cause irreparable harm to the Licensor and that a remedy at law may be inadequate. Therefore, in addition to any other available remedies, the Licensor shall be entitled to seek an injunction or other equitable remedies in the event of any threatened or actual violation of such provisions.
11.4 This EULA and Terms and Conditions governs in the event of any conflict between this EULA and Terms and Conditions and any other document or agreement that may affect the Licensee’s rights to the Product.
11.5 The Licensee acknowledges that they have read this EULA and Terms and Conditions, understand it, agree to be bound by it, and agree that it reflects a complete statement of the Licensee’s agreement with the Licensor, which supersedes any prior agreement, oral or written, that may have existed between the Licensor and the Licensee with respect to the licensing to the Licensee of this Package or Product.
11.6 Unless otherwise specified herein, this EULA and Terms and Conditions constitutes the entire agreement between the Licensee and AEJuice with respect to the Package, Product, and Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Licensee and AEJuice with respect to Package, Product, and the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
11.7 No joint venture, partnership, employment, or agency relationship exists between Licensee and AEJuice as a result of this agreement or use of the Site. AEJuice’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AEJuice’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AEJuice with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
11.8 No modification of the terms of this EULA and Terms and Conditions will be enforceable against the Licensor unless the Licensor gives its express written consent.
11.9 AEJuice reserves the right, in its sole discretion, to change the terms under which the Package, Product, or https://aejuice.com is offered. The most current version of the EULA and Terms and Conditions will supersede all previous versions. AEJuice encourages you to periodically review the Terms to stay informed of our updates.
11.10 If any part of this EULA and Terms and Conditions is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected.
11.12 Delay or failure by the Licensor in enforcing any provisions of this EULA and Terms and Conditions shall not constitute a waiver by the Licensor of its rights and remedies.
11.13. By using any Product subject to this EULA in developing a Work or any part of a Work, Licensee grants to the Licensor a worldwide, non-exclusive, royalty-free, license to display and perform the Work, and Company’s Logotype unless Licensee opts out by contacting firstname.lastname@example.org.
Licensor may provide a link to Licensee’s website or social media and specify the time range at which the Licensee has used Licensor’s Product. The Licensor shall not actively monitor the link in case it changes in the future.
12. ADDITIONAL TERMS FOR AI PRODUCTS
12.1. The additional terms contained within Section 12 of this EULA are applicable to the Licensee’s use of AEJuice’s AI Products, and shall control in the event of any conflict with the other terms of this EULA.
12.2. The Licensee’s interest in any images or video created by Licensee’s use of the AI Product (“Images”) is “AS IS” and subject to this EULA and these additional terms for use of AI Products. Images created using the AI Products may be unintentionally similar to existing copyright protected material of third-parties. The Licensee’s interest in the Images are subject to any existing intellectual property rights of third-parties and AEJuice disclaims any ability of Licensee to copyright the Images.
12.3. The Licensee is strictly prohibited from selling any Images that the Licensee has produced using the AI Products that infringe upon any existing copyright or other intellectual property right or personal right of any third party, is defamatory, libelous or obscene, or is in any way unlawful. The Licensee agrees, upon request of AEJuice, to immediately discontinue the sale, publication, or use of any Image that AEJuice has determined, in AEJuice’s sole discretion, may infringe on any other party’s intellectual property rights.
12.4. AEJuice may retain or store text, image, or video inputs or Images generated by Licensee’s use of the AI Products. AEJuice shall not be liable for the loss or theft of any data relating to its storage of text, image, or video inputs or Images generated using the AI Products. Licensee is solely responsible for downloading and storing any inputs or Images that Licensee seeks to retain. Licensee hereby releases and discharges AEJuice from all existing or future claims demands, obligations, actions, causes of action, rights, damages, attorneys’ fees, costs and expenses whatsoever for data loss or relating to the storage of Licensee’s text, image, or video inputs or Images generated from Licensee’s use of the AI Products.
12.5. The Licensee grants to AEJuice, a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute all Images created by Licensee using the AI Products and all text, image, or video inputted by Licensee. This license survives termination of this EULA.
12.6. The Licensee is strictly prohibited from inputting any text, image, or video into the AI Products that infringe upon any existing copyright or other intellectual property right or personal right of any third party, are defamatory, libelous, obscene, illegal, or in any way unlawful. In the event that the Licensee inputs any prohibited text or images into the AI Products, AEJuice may, without limitation, immediately terminate Licensee use of AI Products and report or transmit the prohibited material to any affected third parties and to law enforcement agencies.
12.7. In order to provide its image generation services, AEJuice may transmit and receive data from third party vendors relating to the text, image, or video inputted by Licensee or Images generated by the AI Products. AEJuice shall not be liable for the loss or theft of any data transmitted to or from or stored by third party vendors.
12.8. AEJuice does not guarantee the continuous, uninterrupted, and error-free provision of services relating to its AI Products. Licensee acknowledges that services relating to the AI Products may be interrupted and Licensee may not in any way rely upon the continuous and uninterrupted availability of the services. AEJuice shall not be liable to Licensee for any damages relating to or arising from the interruption of its or any third party’s services relating to the AI Products.
12.9. AEJuice may elect at any time, in its sole discretion, and without notice, to unilaterally terminate any and all services relating to its AI Products.
12.10. Licensee’s purchase of AI Products is subject to the licensing terms of third-parties. Licensee may view the licensing terms at the websites listed below:
BY CLICKING THE “I ACCEPT” BUTTON, DOWNLOADING THE SOFTWARE, INSTALLING THE SOFTWARE, USING THE SOFTWARE OR ANY RELATED PRODUCT OR PACKAGE PROVIDED BY AEJUICE LLC OR ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS (COLLECTIVELY “AEJUICE” OR “LICENSOR”), OR USING THE HTTPS://AEJUICE.COM WEBSITE, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, AS SET OUT ABOVE.
AEJUICE welcomes your questions or comments regarding these terms:
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