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Privacy Policy

The website www.quadspinner.com (the "Site") is an Internet property of QuadSpinner/Nukeation Studios and its affiliated companies ("QuadSpinner", "our", "we" or "us"). QuadSpinner is committed to protect your privacy. We have prepared this privacy policy ("Privacy Policy") to outline and describe our practices and policies associated with any information (such as the Application Data, Anonymous Data, and Personal Data, each as defined below) that we may collect from you, or that you may share with us when you access or use the Site, use Gaea or GeoGlyph software applications (the "Software"), or use any related products and/or services.

By accessing the Site or using the Software, you agree to the terms and conditions of this Privacy Policy in its entirety.

If you do not agree to this Agreement in its entirety, you are not authorized to access or use any products or services, or this Site in any manner or form.

  • We collect information about you and how you use QuadSpinner.com.
  • We'll send you emails about QuadSpinner.com and other stuff that may be of interest to you. You can unsubscribe from our marketing emails at any time.
  • We collect Anonymous Data and Application Data (as defined below) to make our website and our products more useful to you.
  • If we do collect Personal Data (as defined below), we will only use this information for lawful purposes and will store and retain this information for as long as required by applicable law.

You can contact us any time to update or remove any Personal Data that we have collected and stored about you.

Lawful Basis for Processing Data

In certain jurisdictions, the processing of your Personal Data (as defined below) is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

By using the Site, the Software, or otherwise submitting your Personal Data to us, you consent to our collection, use, and sharing of your information as described in this Privacy Policy. We will process your Personal Data based on Legitimate Interest, particularly where it is used for marketing and business purposes, and to contact you to start a conversation regarding your use of the Site or the Software. We may process your Personal Data where such processing is required in order to fulfill an agreement or contract with you. We may also process your Personal Data based on other lawful bases, such as where processing is necessary to comply with applicable law.

How We Collect and Use Personal and Anonymous Data

When you access the Site, purchase, download trial or evaluation versions, register for any associated products and/or services, or use the Software, we may collect Personal Data and Anonymous Data from you. We may also collect Personal Data and Anonymous Data when you send us information or communications. "Personal Data" means data that allows someone to identify or contact you, including, for example and without limitation, your name, physical address, Internet Protocol (IP) address, and email address for the purposes of recording the transaction when you access the Site or when you use any of the Software or any associated products and/or services. "Anonymous Data" refers to data about you that is not associated with, or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. In most cases, Personal Data collection occurs when you provide such data directly to us, when you use the Software to connect your email address(es) or to access your event data, or if such information and data are required for us to provide the Software and related services to you.

To make our website and Software more useful to you, our servers (which may be hosted by a third-party service provider) may collect Personal Data, Anonymous Data, or Application Data from you such as browser type, operating system, Internet Protocol (IP) address, domain name, Software usage and statistics, and/or a date/time stamp of your visit. We may also use cookies and navigational data like Uniform Resource Locators (URL) and referring URLs to gather information regarding the date and time of your visit. We may also use Personal Data and Anonymous Data for market research purposes and to improve our products, the Site, and the Software. We may share Anonymous Data with select third parties and business partners; however, we will not share any Anonymous Data if such information is, contains, or will be linked to your Personal Data, unless we have given you notice, as described in this Privacy Policy, and you have given us authorization to do so. QuadSpinner will use Personal Data and IP addresses to identify users of the Site and/or Software if and when we feel it is necessary to enforce compliance with the Site's policies, or to protect our products, the Software, the Site, or other users of the Site and/or Software.

We may use Personal Data collected from you for the following general purposes:

  1. to fulfill your requests for our Software;
  2. to improve the Site and Software;
  3. to contact you to resolve problems;
  4. to send you information about the Software including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  5. to communicate with you about products and services offered by us and our selected partners;
  6. to engage with third-party service providers so that you can access and use the Software; and
  7. to periodically conduct product and market research regarding your use of the Software.

If and when we use a third-party payment processing merchant, third-party technical support provider, or third-party hosting provider, we ensure that the same privacy criteria, as defined herein, are in place with such third parties. We do not knowingly collect personal information from persons under the age of eighteen.

We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you newsletters and emails that directly promote the use of the Site or the purchase of our Software. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive, or by contacting us directly (please see contact information below). Despite your request to no longer receive future newsletters or promotional and marketing communications from us, we reserve the right to continue to send you notices of any updates to the Software, our Terms of Software, and our Privacy Policy.

How We Collect and Use Application Data

"Application Data" refers to data about how you use the Software. The Software may collect certain information from you including, but not limited to: User IP addresses, OS version, OS localization, version of the application, localization of the application, device, bug reports, etc. The Software obtains this information as a result of data being sent to our servers from our software "agent" embedded in the Software or on the website that you are accessing. The Software generates a globally unique identifier ("GUID") that is stored on your computer to uniquely identify it. The GUID is a randomly generated number; it does not contain any Personal Data. The GUID is stored on your computer and sent with every report generated by the Software. The Software does not, and will not, collect any other Personal Data from your computer(s) without your prior approval. Application Data we collect is primarily used to report application usage and statistics, improve the Software, and track the performance of various marketing initiatives. Application Data may also be used by QuadSpinner to answer questions that customers have about their use of the Software.

Sharing of Personal Data

We will never sell, trade, or rent any Personal Data, or any Anonymous Data that may contain Personal Data, to any third-party.

In certain special cases, we may disclose Personal Data when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be causing injury to you, or is otherwise injuring or interfering with our rights, property or operations, other users of the Software, or anyone who could be harmed by such activities. We may also disclose your Personal Data and any Application Data when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.

If we determine, in our sole discretion, that you have engaged in conduct that might be considered unlawful, fraudulent, or might harm or damage the reputation or standing of QuadSpinner with either the general public or with a business partner or potential business partner of QuadSpinner, we reserve the right to release your Personal Data to such persons or third parties, as we consider necessary, to prevent you from causing injury to, or otherwise injuring or interfering, now or in the future, with our rights, property or operations, or otherwise the rights, property or operations of anyone which could be harmed by such conduct.

Cookies and Similar Technologies

A cookie is a small piece of text that is sent to your web browser by the Site. The cookie helps the Site remember information about your visit, which makes your next visit to the Site easier and the Site more useful to you. We also use cookies to count how many visitors we receive to a page on the Site. The information collected by cookies is used to enhance your experience with/on the Site, for marketing analysis, for targeted and display advertising, and for quality improvement of the Site and the Software. No personally identifiable information is collected or stored by QuadSpinner during this process. We may use your IP address to identify your general location for traffic monitoring purposes. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

If you opt-out of having your information collected through cookies and other web technologies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs third-party service providers not to track your future activities when that cookie is detected (a "do-not-track" cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a "do-not-track" cookie cannot be set on your computer. Also, if you subsequently erase "do-not-track" cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser "do-not-track" signals.

Third-party Relationships

Third-Party Links. The Site and the Software may contain links to other third-party owned and/or operated websites and, where you request information from third-party providers, we may transfer you directly to the websites of such third-party providers. QuadSpinner is not responsible for the privacy practices or the content of such third-party websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and QuadSpinner has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such third-party websites. These third-party entities are independent third parties and are not affiliated with QuadSpinner.

Third-Party Offers. QuadSpinner may provide you with the opportunity to receive special offers, products and/or services from third parties. Where you indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, your Personal Data that was provided during that information collection process will be shared with the applicable third party so that such third party may provide their products and/or services to you so that you do not have to complete another information collection form to purchase or receive that product or service. Clicking on any third-party offers may add and place cookies on your computer prior to directing you to the applicable advertiser's site. These third parties have separate cookie polices and QuadSpinner has no responsibility or liability relating to them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

Third-Party Technology/Software/Service/Solutions Providers. The Site or the Software may contain certain software technologies and services licensed from third-party providers. QuadSpinner may engage with certain third-party services and solutions providers - such as data hosting service providers, payment processing service providers, and email marketing service providers. These third-party providers have separate privacy and data collection practices and policies, and QuadSpinner has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of the terms and conditions of any third-party privacy policies. These third-party entities are independent third parties and are not affiliated with QuadSpinner.

QuadSpinner may be using or sharing your Personal Data for Legitimate Interest purposes with third parties service providers, including without limitation:

Security of Data

QuadSpinner is committed to protect the security of any Application Data and Personal Data that is collected by QuadSpinner. We use a variety of industry-standard security technologies and procedures to help protect any Application Data and Personal Data from unauthorized access, use, or disclosure. Despite these measures, no method of transmission over the Internet, or method of electronic storage is 100% secure. QuadSpinner cannot fully eliminate security risks associated with the collection and storage of any Application Data and Personal Data, including and without limitation, any mistakes and security breaches that may happen. While we strive to use commercially acceptable means to protect the Application Data and Personal Data, we cannot guarantee its absolute security. In the unlikely event of a data breach where your Personal Data has been compromised, QuadSpinner will promptly notify you, the applicable authorities and supervisory authorities or data protection authorities.

If you are located in the EU/EEA and QuadSpinner is required to transfer your Personal Data in accordance with this Privacy Policy, we exert commercially reasonable efforts to ensure that any transfer of your Personal Data outside of the EU/EEA is protected under industry standard contractual clauses, and any subsequent data protection safeguards.

Data Retention Period

Any Personal Data that is collected and stored by QuadSpinner will be retained only for as long as required in order to provide certain products and/or services to you, or as required by applicable law. Any Personal Data that is no longer required by QuadSpinner will be destroyed.

Contact Information

If you have any questions regarding this Privacy Policy; would like to review, update or remove your Personal Data; or would like more information on our data collection, usage, and privacy practices; please contact us at:

QuadSpinner / Nukeation Studios
380 Aiya Nagar,
Bhuj – India 370001
support@quadspinner.com

We reserve the right to limit or deny your request to view, update, or remove your Personal Data if you have failed to provide us with sufficient information to verify your identity.

Changes to This Privacy Policy

We reserve the right, in our sole discretion, to modify, update and change this Privacy Policy from time to time without prior notice to you. Notice regarding any Privacy Policy changes will be placed in a prominent location on the Site or within the Software and will take effect immediately upon posting on the Site or within the Software. Please check the Site periodically for any changes. Your continued use of the Site and/or Software following the posting of changes to this Privacy Policy will constitute your acknowledgement and acceptance of any and all changes.

Website Terms of Use

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.

4. PRIVACY POLICY

By visiting and accessing the Site, you acknowledge and agree that QuadSpinner may access, preserve, and disclose any personal information collected by QuadSpinner if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam;, or (d) protect against imminent harm to the rights, property, or safety of QuadSpinner, its Site visitors, or the public as required or permitted by law. More information on QuadSpinner's Privacy Policy can be reviewed at quadspinner.com/legal.

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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUADSPINNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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.

9. TERMINATION

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.


Gaea End-User License Agreement

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 use (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.

4. OWNERSHIP

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.

7. INDEMNIFICATION

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.

9. CONFIDENTIALITY

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.


GeoGlyph End-User License Agreement

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 company registered in India at 380 Aiya Nagar, Bhuj, Gujarat 370 001, ("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. Licensee shall install and use only a single copy of the Software on one computer (“Original Installation”), unless the Software is installed in a "floating license" environment, 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. In order to prevent unlicensed use of the Software, a license code is required to access and enable the Software. The issuing of replacement or substituted license codes if the Software is moved from one computer to another is subject to QuadSpinner's discretion, which is available on QuadSpinner's website and which requires a fee to be paid in certain circumstances. QuadSpinner may choose, at its sole discretion, to replace the license code at no additional cost, up to three (3) times in a calendar year. QuadSpinner will take all reasonable measures to provide license codes to the Licensee with a grace period of at least thirty (30) calendar days. Licensee agrees to take all reasonable measures to replace the license code as instructed within the grace period following the delivery of the license code by electronic mail. 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. In an effort 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.

4. OWNERSHIP

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 the Third Party Licensors. 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 PRODUCT. THE SOFTWARE PRODUCT 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 PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT 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 PRODUCT, EVEN IF QUADSPINNER 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 DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF QUADSPINNER HAVE 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 PRODUCT, FROM INABILITY TO USE THE SOFTWARE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE PRODUCT (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.

7. LIMITED REMEDY

The exclusive remedy available to the Licensee in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is for Licensee to destroy all copies of the Software, send QuadSpinner a written certification of such destruction and, upon QuadSpinner's receipt of such certification, QuadSpinner will make a replacement copy of the Software available to Licensee.

8. INDEMNIFICATION

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.

9. 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 an officer of Licensee confirming that the foregoing destruction has been completed.

10. CONFIDENTIALITY

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. Licensee agrees to segregate, to the extent it can be reasonably done, the Confidential Information from the confidential information and materials of others in order 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, in which case Licensee agrees to comply with, certain reasonable security measures as part of the use of the Software and Documentation. 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 such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

11. SURVIVAL AND GOVERNING LAW

Sections 2, 4, 5, 6, 7, 8, 9, 10, 11 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.


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