Grant of license
Subject to full compliance with the present TERMS, and with the approval of AEoncase, users can download or attempt to download software comprising applications, files, associated media and electronic documentation, henceforth “SOFTWARE”, provided by AEoncase via its WEBSITE and/or SERVICES.
AEoncase grants users a non-exclusive, non-transferable and non-assignable license, with no right to sublicense, to install and use the SOFTWARE on computers owned or operated by the user. The SOFTWARE is licensed, not sold.
Users shall not analyze, decompile, disassemble, reverse engineer or attempt to derive the source code, underlying mechanisms or algorithms of any parts of the SOFTWARE, or assist any third party in doing so, except to the extent applicable law prohibits restrictions on reverse engineering.
Use of the SOFTWARE is subject to the present TERMS and associated license grant. The license grant shall be in effect from the time the SOFTWARE is installed. The license will terminate upon violation of the TERMS or termination of the license grant for any reason.
Users agree that parts of or the whole SOFTWARE might be updated automatically with or without prior notice. Users are responsible for ensuring the SOFTWARE is up-to-date, and failure to do so might result in the SOFTWARE or the SERVICES not performing properly. SOFTWARE updates are subject to the present TERMS and license grant unless stated otherwise.
Intellectual and industrial property
AEoncase owns or uses with permission all the intellectual and industrial property rights from the SOFTWARE and all the elements contained in it. All rights reserved.
Users bind themselves to respect the intellectual and industrial property rights owned by AEoncase and its third-party licensors. Under no circumstance shall it be understood that access, browsing or use of the SOFTWARE implies waiver, transmission or assignment, total or partial, of the rights owned by AEoncase and its third-party licensors. Use of any part or the whole of the SOFTWARE is only allowed according to the TERMS and the above-referenced license grant.
Users shall not attempt to defeat, remove, deactivate, or otherwise circumvent, or assist a third party in doing so, any protection mechanisms in the SOFTWARE, including, but not limited to, any such mechanism used to restrict or control the functionality of the SOFTWARE.
Limitation of liability
Users expressly understand and agree that, to the fullest extent permissible by law, neither AEoncase nor its affiliates, employees, directors, owners, information providers or licensors shall be liable to them or any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, data or other intangible losses, whether direct or indirect, even if AEoncase has been advised of the possibility of such damages, for the use or inability to use the SERVICES or SOFTWARE, as well as any other product and/or service made available by AEoncase, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the WEBSITE, the SERVICES or the SOFTWARE, unauthorized access to or alteration of user data, statements posted by, or the conduct of, any third party on the WEBSITE, SERVICES or via the SOFTWARE, or any other matter relating to the WEBSITE, the SERVICES or the SOFTWARE. If applicable law does not allow these limitations, the maximum aggregate liability of AEoncase to a user or any related party under any and all circumstances will not exceed the amount paid by the customer to AEoncase for the past 6 months for the SERVICE subscription or pertinent SOFTWARE license fees.
Indemnification
Users agree to indemnify and hold AEoncase and its affiliates, employees, officers, directors, owners, information providers, licensees and licensors harmless against all liabilities, damages and costs, incurring reasonable attorney fees, arising out of any claim by a third party against AEoncase and its affiliates relating to, or arising out of their use of the SERVICES or SOFTWARE or any breach of the TERMS.
Disclaimer of warranties
AEoncase strives to ensure the correctness of the SERVICES and SOFTWARE, but, to the fullest extent permissible by law, AEoncase and its affiliates, suppliers and distributors make no warranty, express or implied, about the WEBSITE, SERVICES or SOFTWARE, including, but not limited to, any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose. In particular, but not as a limitation thereof, AEoncase does not warrant that the SERVICES or SOFTWARE will meet user requirements, and that the operation of the SERVICES and SOFTWARE will be uninterrupted or error free.
Third party services and websites
The WEBSITE and SOFTWARE may contain links to third-party sites (“LINKED SITES”) that might include advertisements and commercial offers unrelated to AEoncase.
AEoncase does not own, operate or control the LINKED SITES, and will in no circumstance be responsible for their contents, advertisement or commercial offers included in them, including, but not limited to, their availability, quality, reliability, accuracy, completeness, truthfulness or legality. The inclusion of the links does not imply endorsement or any contractual relationship with the LINKED SITES.
AEoncase does not assume any responsibility for the content of third party websites that may link to the WEBSITE or make references to the SERVICES or SOFTWARE.
Users are solely responsible for reviewing third-party usage terms and privacy policies from third party services they might subscribe for usage with the SERVICES or SOFTWARE, as well as for their access to third-party websites or contents they might download from third-party websites.
Right of withdrawal
AEoncase provides comprehensive descriptions of the SERVICES and SOFTWARE, including functionality, fees and license fees, payment form and period of validity.
AEoncase voluntarily offers refunds, for any reason, on SOFTWARE license fees to all customers worldwide, beyond the legal requirements set in Directive 2011/83/EU and the 1/2007, Nov. 16, Royal Legislative Decree, up to 14 days after the purchase or initial download or use of the SOFTWARE (whichever comes first). Users domiciled in a EU member state may have the right to withdraw from SERVICE purchases as per Directive 2011/83/EU, which AEoncase voluntarily extends to all customers worldwide. Users may request refunds pursuant to AEoncase’s refund policy even when not covered by EU right of withdrawal.
Refunds can be requested online in the order history section of the user’s online account.
Refunds are performed through the same payment method used to make the purchase, whenever possible. If, for any reason, it is impossible to issue the refund via the initial payment method, the user will be credited the full amount in the online pre-paid account.
As a EU merchant, AEoncase is legally required to inform EU users of their right of withdrawal in the specific legal terms that follow, which shall prevail towards any EU user should they differ from the above refund policy.
Right of withdrawal
You have the right to withdraw from any purchase from
AEoncase SERVICES or SOFTWARE licenses within 14 days
without giving any reason.
The withdrawal period will expire after 14 days from
purchase or initial download for SOFTWARE licenses
(whichever comes first), or 14 days from subscription,
purchase or use, or conclusion of the contract for
SERVICES (whichever comes first).
To exercise the right of withdrawal, you must inform
AEoncase SLU of your decision to withdraw from the
purchase or subscription by an unequivocal statement
(e.g., a letter sent by email). You may use the attached
model withdrawal form, but it is not obligatory. You can
also electronically fill in and submit the model
withdrawal form or any other unequivocal statement on
our website https://www.aeoncase.com. If you use this
option, you will be given an acknowledgement of receipt
of such a withdrawal on a durable medium (e.g., by
email) without delay.
To meet the withdrawal deadline, it is sufficient for
you to send your communication concerning your exercise
of the right of withdrawal before the withdrawal period
has expired.
Effects of withdrawal
If you exercise your right of withdraw, we shall
reimburse to you all payments received from you,
including the costs of delivery (with the exception of
the supplementary costs resulting from your choice of a
type of delivery other than the least expensive type of
standard delivery offered by us), without undue delay
and in any event not later than 14 days from the day on
which we are informed about your decision to withdraw
from this contract. We will carry out such reimbursement
using the same means of payment as you used for the
initial transaction, unless you have expressly agreed
otherwise; in any event, you will not incur any fees as
a result of such reimbursement.
Exceptions from the right of withdrawal
Pursuant to EU law, the right to withdraw does not apply
as regards the following:
(a) service contracts after the service has been fully
performed if the performance has begun with the
consumer’s prior express consent, and with the
acknowledgement that he will lose his right of
withdrawal once the contract has been fully performed by
the trader;
(b) the supply of goods or services for which the price
is dependent on fluctuations in the financial market
which cannot be controlled by the trader and which may
occur within the withdrawal period;
(c) the supply of goods made to the consumer’s
specifications or clearly personalised;
(d) the supply of goods which are liable to deteriorate
or expire rapidly;
(e) the supply of sealed goods which are not suitable
for return due to health protection or hygiene reasons
and were unsealed after delivery;
(f) the supply of goods which are, after delivery,
according to their nature, inseparably mixed with other
items;
(g) the supply of alcoholic beverages, the price of
which has been agreed upon at the time of the conclusion
of the sales contract, the delivery of which can only
take place after 30 days and the actual value of which
is dependent on fluctuations in the market which cannot
be controlled by the trader;
(h) contracts where the consumer has specifically
requested a visit from the trader for the purpose of
carrying out urgent repairs or maintenance. If, on the
occasion of such visit, the trader provides services in
addition to those specifically requested by the consumer
or goods other than replacement parts necessarily used
in carrying out the maintenance or in making the
repairs, the right of withdrawal shall apply to those
additional services or goods;
(i) the supply of sealed audio or sealed video
recordings or sealed computer software which were
unsealed after delivery;
(j) the supply of a newspaper, periodical or magazine
with the exception of subscription contracts for the
supply of such publications;
(k) contracts concluded at a public auction;
(l) the provision of accommodation other than for
residential purpose, transport of goods, car rental
services, catering or services related to leisure
activities if the contract provides for a specific date
or period of performance;
(m) the supply of digital content which is not supplied
on a tangible medium if the performance has begun with
the consumer’s prior express consent and his
acknowledgment that he thereby loses his right of
withdrawal.
Model withdrawal form
(complete and return this form only if you wish to
withdraw from the contract)
To AEoncase SLU, Doctor Zamenhof 44, 28027 Madrid, Spain
I hereby give notice that I withdraw from my contract of
sale for the provision of the following item (*) /
service (*): [item/service and the corresponding
purchase/subscription], ordered on [date of
purchase/subscription].
[name of customer and AEoncase site account]
[address of customer]
[signature of consumer (only if this form is notified on
paper)]
[date]
(*): delete as appropriate
Service modifications
AEoncase reserves the right to modify, remove, discontinue or expand the contents or functionalities of the WEBSITE, SERVICES or SOFTWARE without prior notification.
Right of exclusion and termination
AEoncase reserves the right to suspend, terminate or restrict, without prior warning and in its sole and absolute discretion, access to the SERVICES and/or the license grant in case of breach of the TERMS, or when required so by law, judicial or administrative order, or due to safety reasons regarding the company, its infrastructure or the SERVICES.
Suspension or termination of a user account and/or license grants shall not under any circumstance result in any indemnification towards the user. Users further acknowledge and agree that their prior obligations towards AEoncase shall survive such termination.
Publicity
AEoncase reserves the right to identify the companies or organizations the users are affiliated with, or using the services on behalf of, as users of the services, and to use their logo and/or name, link to their websites, and refer to them on AEoncase’s website and other marketing materials, in such way that this information can not be attributed to an identified or identifiable natural person. Users can request AEoncase to stop such identification at any time by sending a written notice to contact@aeoncase.com.
Modifications of the terms
AEoncase reserves the right to replace, review, modify and/or complete the present TERMS and the PRIVACY POLICY at any time for legal and/or technical reasons, changes in the operation of the SERVICES, or strategic decisions, without prior notice. By continuing to access or use the WEBSITE, SERVICES or SOFTWARE, users agree to be bound by the revised terms. The terms in force at any particular time can be found on the WEBSITE. Continued use of the SERVICES and/or SOFTWARE after the revisions come in effect shall constitute consent to any and all changes.
Notices
Users accept that AEoncase may send them notices or communications to the email address they provided during registration.
Waiver
AEoncase’s failure to enforce a provision is not a waiver of its right to do so later. Each disposition in the TERMS and PRIVACY POLICY is independent and must be considered separately. Should any provision be considered or declared void, invalid or unenforceable by a competent court, that shall not affect:
the validity and applicability in that jurisdiction of the remaining provisions
the validity and applicability in other jurisdictions of the concerned or any other provision in the TERMS and PRIVACY POLICY
Applicable law
The TERMS shall be governed and construed under Spanish law and shall be subject to the exclusive jurisdiction of the Courts of Madrid (Spain), should any dispute, claim or disagreement arise from them, without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.