This End User License Agreement is a legal agreement between you and Pixodesk LIMITED that governs your use of the Pixodesk Animator application. By using the Pixodesk Animator application, You accept and agree to be bound by this License Agreement and its terms. If you do not agree with the terms and conditions of this License Agreement, you may not use the Pixodesk Animator application. You agree to comply with all applicable third-party terms of agreement when using the application.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Pixodesk LIMITED.
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
“Pixodesk Animator License” the license for the Pixodesk Animator application for the term specified on the webpage of the store where You purchase the license;
“Pixodesk Animator application” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Pixodesk LIMITED, including any Updates;
“Updates” any modified versions and updates of, and additions to the Pixodesk Animator application;
“Use” the access, download, install, copy or get benefit from using the Pixodesk Animator application;
“You” you, the final and ultimate user of the Pixodesk Animator application or the authorised representative of a company or other legal entity that will be the final and ultimate user of the Pixodesk Animator application, and the company or other legal entity that will be the final and ultimate user of the Pixodesk Animator application, if applicable.
“Store” - Apple App Store or Microsoft Store depending on which platform You purchased Pixodesk Animator application.
This EULA applies to any licenses granted to You by Pixodesk LIMITED for the use of the Pixodesk Animator application. By purchasing a License for the Pixodesk Animator application and/or downloading and using the Pixodesk Animator application, You enter into this EULA with Pixodesk LIMITED. You acknowledge that this EULA may be modified from time to time without prior notice to You. Such modifications will be effective upon posting on https://pixodesk.com/app/animator/eula.html.
The Pixodesk Animator application is licensed, not sold. You may obtain a license from Us to use such Software on a limited fixed-term basis (“Subscription License”).
Pixodesk LIMITED grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the Pixodesk Animator application in accordance with this EULA. Pixodesk LIMITED reserves all rights not expressly granted to You. Pixodesk LIMITED is and remains the owner of any intellectual property rights with respect to the Pixodesk Animator application. You shall not acquire any ownership of the Pixodesk Animator application as a result of Your purchase of the License or Your use of the Pixodesk Animator application.
All rights, title and interest in and to the Pixodesk Animator application, and any other Pixodesk Animator materials or information provided or made available in connection with this EULA, as well as all any suggestions, ideas and feedback You propose regarding the foregoing, are owned by Pixodesk LIMITED (or any third-party licensor), and You hereby assign any right, title and interest in and to any such suggestions, ideas or feedback to Pixodesk.
Pixodesk Animator application may include various open-source software components in or with the Pixodesk Animator application, each of which is owned by a third-party and is subject to its own applicable license terms and conditions. All libraries are provided on an “as-is” basis, and Pixodesk Animator makes no express or implied warranties of any kind with respect thereto and assumes no liability for any damages regarding the use or operation of any such library.
Pixodesk Animator and any authorized copies are the intellectual property of and are owned by Pixodesk LIMITED. The software is licensed, not sold. This agreement does not grant you any intellectual property rights in the Pixodesk Animator.
In order to be able to install the Pixodesk Animator application and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described either on Microsoft Store download page for Microsoft users or Apple App Store download page for Mac users.
You shall use the Pixodesk Animator application in accordance with applicable laws and shall not: rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License; assign the Pixodesk Animator License without prior written approval of Pixodesk LIMITED; use the Pixodesk Animator application for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity; delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Pixodesk Animator application; copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Pixodesk Animator application and the License or any parts thereof, except to the extent permitted by applicable law; or disclose Confidential Information unless if this is required by law or authoritative order. Pixodesk LIMITED may modify the Pixodesk Animator application at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third-party infringement claim or to provide Updates and upgrades.
We may, from time to time, revise, update and/or otherwise change this EULA (“Changes”). Such Changes shall be effective immediately; provided however, for existing customers who have licenses to use the Software as of the date such Changes are made, such Changes shall, unless otherwise stated, be effective 30 days after such Changes are posted online. Your continued use of the Software following any Changes constitutes Your acceptance of such Changes.
From time to time, Pixodesk LIMITED may provide updates, upgrades, bug fixes, and other modifications to improve Pixodesk Animator application. Any maintenance and support provided by Pixodesk Animator application, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel. The terms of this EULA will govern any Updates.
Pixodesk LIMITED cannot access the Pixodesk Animator application installed in Your chosen environment(s) or any data that You manage using the Pixodesk Animator application. Pixodesk LIMITED cannot access any technical information pertaining to the performance of the Pixodesk Animator application unless You voluntarily provide it to Pixodesk LIMITED. All bug reports and log files are anonymous but You are responsible for not adding any data in them that you believe is sensitive or which may contain personal data prior to providing any log files or other technical information to Pixodesk. All bug reports and log files will be given to You for review before submitting to Pixodesk.
Pixodesk Animator application is not collecting any personal data. Privacy Policy can be found at https://pixodesk.com/app/animator/privacy-policy.html.
You use the Pixodesk Animator application at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You. The Pixodesk Animator application and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Pixodesk LIMITED specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Pixodesk LIMITED, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
Pixodesk LIMITED and any third-party that has been involved in the creation, production, or delivery of the Pixodesk Animator application are under no circumstances liable for consequential or indirect damages (including but not limited to, damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Pixodesk Animator application).
You must comply with all applicable laws in connection with your use of the Application. You acknowledge that the Application may be subject to U.S. or foreign export and import laws or regulations. You will comply with all applicable import, export and re-export laws and regulations of the United States or foreign agencies or authorities. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the Pixodesk Animator application.
You agree that we may discontinue, suspend or terminate your right or ability to use all or part of the Application at any time, without notice or liability to you. You may terminate this License Agreement by ceasing use of the Application and destroying all copies in your possession or control. We may terminate this License Agreement for any or no reason, at any time without prior notice. This License Agreement will automatically terminate if you breach any of its terms or conditions. Immediately upon any termination of this License Agreement, you will cease use of the Application and destroy all copies in your possession or control.
This EULA will continue to be in force until the expiry or termination of the Pixodesk Animator License. The Pixodesk Animator License will terminate automatically at the end of the applicable license term, unless renewed prior to the end of such term. Pixodesk LIMITED is entitled to terminate the Pixodesk Animator License by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License within the applicable payment term, or in the event Pixodesk LIMITED is required to do so by law or an order of an applicable court. Upon termination of the Pixodesk Animator License, You shall cease all use of the Pixodesk Animator application. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA. The termination of Pixodesk Animator application is regulated by Apple Store or Windows Store depending on which platform You purchased Pixodesk Animator application.
We shall not be liable for any failure to perform Our obligations if such failure is a result of an event outside Our reasonable control. In such case We will use reasonable efforts to mitigate the effect of any such event.
The captions and paragraph headings of this License Agreement are for convenience and are not to be used in interpreting this License Agreement.
This EULA shall be governed by and construed in accordance with the laws of the The United Kingdom, excluding its conflicts of law rules. Any dispute between Pixodesk LIMITED and You shall exclusively be submitted to the competent court in London, the United Kingdom.
“Acknowledgement”. The EULA is concluded between Pixodesk LIMITED and the End-User only, and not with Apple. Pixodesk LIMITED, not Apple, is solely responsible for the licensed Pixodesk Animator application and the content thereof. The EULA may not provide for usage rules for licensed Pixodesk Animator applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review). If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply.
“Scope of license”. The license granted to the End-User for the licensed Pixodesk Animator application is limited to a non-transferable license to use the licensed Pixodesk Animator application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
“Reservation of intellectual property rights”. In the event of any third-party claim that the licensed Pixodesk Animator application or the End-User’s possession and use of that licensed Pixodesk Animator application infringes on a third-party’s intellectual property rights, Pixodesk LIMITED, not Apple, reserves the right to investigate, defend, settle, and discharge of any such intellectual property infringement claim.
“Maintenance and support”. Pixodesk LIMITED, not Apple, is solely responsible for providing any maintenance and support services with respect to the licensed Pixodesk Animator application, as specified in the EULA, or as required under applicable law. If you need any support with the licensed Pixodesk Animator application, please contact Pixodesk LIMITED, not Apple as they are under no obligation to help with any support or maintenance questions arising out of use of the licensed Pixodesk Animator application.
“Warranty disclamer”. In the event of any failure of the Pixodesk Animator application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Pixodesk Animator application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pixodesk Animator application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
“Liability limitations, Product Claims”. Pixodesk LIMITED, and not Apple, is responsible for addressing claims relating to the Pixodesk Animator application and Your possession and/or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Pixodesk Animator application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Pixodesk Animator application’s use of the HealthKit and HomeKit frameworks.
“Third Party Beneficiary”. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
If you have questions regarding this License Agreement, please contact Pixodesk LIMITED by sending an email to support@pixodesk.com.