- We do not collect or store your payment information. Our payment processor, PayPal, may store that data in accordance with their policies.
- We store the name and email address provided during purchase for license management purposes.
- If you share technical details, such as diagnostics logs or associated information for technical support, we will use that information solely to analyze and fix bugs in the software. Once the issue is identified and fixed, your data will be deleted. If the issue is not resolved within 60 days, we will delete your data.
- Any personally identifiable information is stored under strong encryption as required by law.
- We may collect hardware and software usage statistics from you from time to time through the software itself. Such information is only collected after your explicit permission. Further, we store such information in plain text, which you can view and even redact if you wish. We use such information only to improve the software. During such surveys or statistics gathering, we only collect anonymized information that is not linked to your identity.
- Our servers will receive license information during license activation. This information is logged for security and piracy-prevention. We do not collect or store passwords or other sensitive information, including your name or email address. Only your license key is logged after activation. Your email address and name are not stored.
- If your software purchase is refunded, we may store your order information for billing, taxation, and internal record keeping purposes. You can request a copy of the information we keep about you and request that the data be deleted permanently. Please note that, upon complete deletion of your data, we cannot guarantee that the license may activate successfully.
- We will never sell, trade, or rent to any third-party any Personal Data or any Anonymous Data that may contain Personal Data.
- We may disclose your personal information in response to any demand by law enforcement authorities or when we believe the law requires it.
- If we find, in our sole discretion, that you 1) have breached any of the terms presented on this page or the End-User License Agreement provided with the software, or 2) are conducting unlawful, fraudulent activities related to either QuadSpinner or our software, we may disclose your personal information to the necessary law enforcement authorities.
1. USE OF THE SITE
QuadSpinner is granting you the right to access and view the Site provided that you are of legal age to form a binding contract in your applicable jurisdiction. When viewing and accessing the Site, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence. You agree that you are responsible for your own conduct when accessing and using the Site, and for any consequences thereof. You understand that by visiting and accessing the Site, you may be exposed to content that you may consider to be offensive, objectionable, indecent, or inappropriate. You agree that visiting and accessing the Site is at your own risk.
2. PURCHASE AND REFUNDS
This website sells digital goods which are delivered upon purchase. If a technical problem is encountered during the payment process, or if payment verification fails, the delivery of the product may be delayed by up to 72 hours while the payment is manually verified.
Digital goods, including, but not limited to, software applications, learning material, 3D asset files, and such are explicitly considered to be non-refundable purchases. We cannot entertain refund requests for such digital goods. Free or evaluation versions are made available on this website so you may properly evaluate the software before purchasing. If you require further evaluation that is not possible with the free version of the software or have questions, you must contact our technical support team for assistance before purchasing. If a product is found to be faulty or non-working, it will be remedied as outlined in the software's End User License Agreement.
3. SITE AVAILABILITY
QuadSpinner uses reasonable endeavors to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment that is beyond the control of QuadSpinner. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of QuadSpinner. You agree that QuadSpinner shall not be responsible or liable to you for the deletion of or failure to make available any content and other communications maintained or transmitted through the Site, or any modification, suspension or discontinuance of the Site. You acknowledge that QuadSpinner reserves the right, in its sole discretion, to limit your ability to access and use the Site or any other resources or content made available on the Site. QuadSpinner reserves the right to terminate, suspend, or limit certain features or functionality of the Site at any time and in its sole discretion.
5. COPYRIGHT RESTRICTION
The Site contains copyrighted material, trade secrets, and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. QuadSpinner or the applicable third-party licensor(s), retains all patent, trademarks, and copyright to any content published on the Site. Subject to the terms and conditions of this Agreement, QuadSpinner grants to you a limited, non-transferable, and non-exclusive right to access and use the Site. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Site, nor shall you create any derivative works or other works that are based upon or derived from the Site content in whole or in part. QuadSpinner retains sole and exclusive ownership of all rights, title, and interest in and to the content provided through the Site and all Intellectual Property rights relating thereto including without limitation QuadSpinner's name, any QuadSpinner logos, and graphic files that represent the Site content. You further agree not to remove, obscure, or alter any QuadSpinner or any third-party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site. You acknowledge and agree that third parties may own right, title, and interest in and to the content hosted on the Site or otherwise presented to you through the Site, and that such content may be protected by applicable intellectual property and other laws and treaties. Copyright law and international copyright treaty provisions protect all parts of the Site. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for QuadSpinner or its applicable licensors.
6. ADVERTISING AND LINKS
QuadSpinner may display third-party advertisements and promotions on the Site. The manner, mode, and extent of advertising by QuadSpinner on the Site are subject to change at any time. You agree that QuadSpinner shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties. QuadSpinner may provide, or third parties may provide, links to other Internet sites or resources. Because QuadSpinner has no control over such sites and resources, you acknowledge and agree that QuadSpinner is not responsible for the availability of such external websites or resources or the content or policies that govern the use of those websites. Furthermore, QuadSpinner does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that QuadSpinner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such advertising content, goods, or services available on or through any such site or resource, nor will QuadSpinner accept any responsibility for any viruses, worms, Trojan horses, or other forms of destructive malware that may infect your computer systems as a result of your use of any third-party websites.
7. DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUADSPINNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
QUADSPINNER DOES NOT WARRANT THAT (I) THE SITE OR ANY PUBLISHED CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER RELATED MATERIALS PROVIDED OR OFFERED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE OR PUBLISHED CONTENT WILL BE CORRECTED.
ANY CONTENT AND INFORMATION OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.
8. LIMITATION OF LIABILITY/INDEMNIFICATION
Information on this Site may contain technical inaccuracies or typographical errors although QuadSpinner will make commercially reasonable efforts to maintain and review all its content. Information and any content available on this Site may be changed or updated at any time without prior notice to you. You will indemnify, hold harmless, and defend QuadSpinner, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys' fees) resulting from or in any way connected with your use of the Site, the information, and any content that is made available on the Site through your breach of any of the terms and conditions of this Agreement.
IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL QUADSPINNER, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AUTHORIZED AGENTS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY SITE CONTENT, OR THE USE OR INABILITY TO USE THIS SITE, OR THE FURNISHING, PERFORMANCE, OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT, OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QuadSpinner reserves the right to terminate this Agreement or your access to the Site at any time and with or without cause and without notice.
10. GOVERNING LAW
This Agreement and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the State of Gujarat and the laws of India applicable therein except any principles regarding conflicts of law rules. You hereby submit to the exclusive jurisdiction of the courts of Bhuj, Gujarat, and any competent Courts of Appeal therefrom, and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. The failure of QuadSpinner to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect QuadSpinner's ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
11. NOTICE AND AMENDMENT TO TERMS
QuadSpinner reserves the right to amend the terms and conditions of this Agreement at any time. We shall notify you of any material changes to this Agreement by providing you with notification of such changes which will appear in a prominent location on the Site. Your accessing of and continued use of the Site constitutes your acknowledgement and acceptance of any modified terms to the Agreement.
12. ENTIRE AGREEMENT
You acknowledge that these Terms of Website Use (including any policies, guidelines, or amendments that may be presented to you from time to time) constitute the entire agreement between you and QuadSpinner and govern your use of the Site, superseding any prior agreements between you and QuadSpinner. You also may be subject to additional terms and conditions that may apply when you use any other current or future products and/or services made available through the Site. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
This END USER LICENSE AGREEMENT ("Agreement") is made by and between QuadSpinner, an internal division of Nukeation Studios, a business registered in India at 380 Aiya Nagar, Bhuj, Gujarat 370001, ("QuadSpinner"), and you, as either an individual or a single entity ("Licensee").
Both parties agree to the Terms and Conditions below:
1. GRANT OF LICENSE
Subject to the limitations of Section 2, QuadSpinner hereby grants to Licensee a limited, non-transferable, and non-exclusive license to install and use a machine-readable, object code version of this software program (the "Software") and accompanying user guide and other documentation (collectively, the "Documentation") solely for Licensee's own internal business purposes (collectively, the "License"); provided, however, Licensee's right to install and use the Software and the Documentation is limited to those rights expressly set out in this Agreement.
2. RESTRICTIONS ON USE
Licensee is authorized to use the Software in machine-readable, object code form only, and Licensee shall not: (1) assign, sub-license, sell, distribute, transfer, pledge, lease, rent, share, or export the Software, the Documentation or Licensee's rights hereunder; (2) alter or circumvent the copy protection mechanisms in the Software or reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; (3) modify, adapt, translate, or create derivative works based on the Software or Documentation; (4) use, or allow the use of, the Software or Documentation on any project other than a project produced by Licensee (an "Authorized Project"); (5) allow or permit anyone (other than Licensee and Licensee's authorized employees to the extent they are working on an Authorized Project) to use or have access to the Software or Documentation; (6) copy or install the Software or Documentation other than as expressly provided for herein; or (7) take any action, or fail to take action, that could adversely affect the trademarks, service marks, patents, trade secrets, copyrights, or other intellectual property rights of QuadSpinner or any third party with intellectual property rights in the Software (each, a "Third Party Licensor"). Furthermore, for purposes of this Section 2, the term "Software" shall include any derivatives of the Software.
Usage of the Software is explicitly prohibited for military organizations, military contractors, or authorized agents of military organizations, or for usage in military related projects, including but not limited to military contracts of any kind, promotion of military forces or actions, training military personnel for use in combat.
Licensee shall install and use only a single copy of the Software on up to two (2) computers (&qout;Original Installation&qout;) where Licensee is the sole user of the Software, unless the Licensee has been issued a "floating license", in which case Licensee may install the Software on more than one computer; provided, however, Licensee shall not at any one time use more copies of the Software than the total number of valid Software licenses purchased by Licensee.
To prevent unlicensed use of the Software, a license code is required to access and enable the Software. The issuing of replacement or substitute license codes is subject to QuadSpinner’s discretion.
QuadSpinner shall not be held liable if Licensee cannot be reached by the electronic mail address supplied during purchase. QuadSpinner will make a reasonable number of attempts to re-send the information in case of delivery failure. Licensee shall be responsible for keeping QuadSpinner appraised of any changes to Licensee’s contact information.
To facilitate such license code replacements, QuadSpinner may, from time to time, provide notifications inside the software to inform Licensee of the expiration of the existing license code.
3. BACK-UP COPY
Notwithstanding Section 2, Licensee may store one copy of the Software and Documentation offline and offsite in a secured location owned or leased by Licensee in order to provide a back-up in the event of destruction by fire, flood, acts of war, acts of nature, vandalism, or other incident. In no event may Licensee use the back-up copy of the Software or Documentation to circumvent the usage or other limitations set forth in this Agreement.
Licensee acknowledges that the Software (including, for the avoidance of doubt, any Source Code that is licensed to Licensee) and Documentation and all intellectual property rights and other proprietary rights relating thereto are and shall remain the sole property of QuadSpinner and any Third Party Licensor. Licensee shall not remove, or allow the removal of, any copyright or other proprietary rights notices included in and on the Software or Documentation or take any other action that could adversely affect the property rights of QuadSpinner or any Third Party Licensor. To the extent that Licensee is authorized to make copies of the Software or Documentation under this Agreement, Licensee shall reproduce in and on all such copies any copyright and/or other proprietary rights notices provided in and on the materials supplied by QuadSpinner hereunder.
5. LICENSE FEE
Licensee understands that the benefits granted to Licensee hereunder are contingent upon Licensee's payment in full of the license fee payable in connection herewith (the "License Fee").
6. LIMITED WARRANTY AND LIABILITY
QUADSPINNER CAN EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. QUADSPINNER CAN DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH LICENSEE.
IN NO EVENT SHALL QUADSPINNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL QUADSPINNER BE LIABLE TO ANY LICENSEE ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SOFTWARE PRODUCT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF QUADSPINNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Licensee agrees to indemnify, hold harmless, and defend QuadSpinner, the Third Party Licensors, and each Third Party Licensor’s respective affiliates, officers, directors, shareholders, employees, authorized resellers, agents, and other representatives (collectively, the "Released Parties") from all claims, defense costs (including, but not limited to, attorneys' fees), judgments, settlements, and other expenses arising from or connected with the operation of Licensee's business or Licensee's possession or use of the Software or Documentation.
8. TERM AND TERMINATION
This Agreement is effective upon Licensee's acceptance of the terms hereof, and the Agreement will remain in effect until termination. If Licensee breaches this Agreement, QuadSpinner may terminate the License granted hereunder by notice to Licensee. In the event the License is terminated, Licensee will either return to QuadSpinner all copies of the Software and Documentation in Licensee's possession or, if QuadSpinner directs in writing, destroy all such copies. In the latter case, if requested by QuadSpinner, Licensee shall provide QuadSpinner with a certificate signed by a representative of Licensee confirming that the foregoing destruction has been completed.
Licensee agrees that the Software (including, for the avoidance of doubt, any Source Code that is licensed to Licensee) and Documentation are proprietary and confidential information of QuadSpinner or, as the case may be, the Third Party Licensors, and that all such information and any communications relating thereto (collectively, "Confidential Information") are confidential and a fundamental and important trade secret of QuadSpinner or the Third Party Licensors. Licensee shall disclose Confidential Information only to Licensee's employees who are working on an Authorized Project and have a "need-to-know" of such Confidential Information, and shall advise any recipients of Confidential Information that it is to be used only as authorized in this Agreement. Licensee shall not disclose Confidential Information or otherwise make any Confidential Information available to any other of the Licensee's employees or to any third parties without the express written consent of QuadSpinner, which shall not be unreasonably withheld. Licensee agrees to segregate, to the extent it can be reasonably done, the Confidential Information from the confidential information and materials of others to prevent commingling.
Licensee shall take reasonable security measures, using no less than a reasonable degree of care, to hold the Software, Documentation, and any other Confidential Information in strict confidence and safe custody. QuadSpinner may request certain reasonable security measures as part of the use of the Software and Documentation, in which case Licensee agrees to comply with. Licensee acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information, and that QuadSpinner shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
10. SURVIVAL AND GOVERNING LAW
Sections 2, 4, 5, 6, 7, 8, 9, 10 shall survive any termination or expiration of this Agreement.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in effect. The laws of Gujarat, INDIA, shall govern this EULA. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Gujarat, India.
Copyright © 2013-2021 QuadSpinner/Nukeation Studios. All Rights Reserved.