Quixel End-User License Agreement For Megascans
Last Updated: November 10, 2017
Welcome to Megascans, the world's largest online scan resource, containing thousands of standardized and physically based surface scans, vegetation scans and 3D scans (“the “Service”) owned and operated by Quixel AB, a Swedish corporation (Hereinafter “Quixel”). This End-User License Agreement (this “Agreement”, “EULA”) applies to all users of the Service (collectively or individually, ”You”, “Users”, “Customer”).
BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING (IF YOU ARE A USER BASED IN THE UNITED STATES) THE PROVISIONS OF SECTIONS 25 AND 26 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
ACCEPTANCE. This End User License Agreement is a legal agreement between You and Quixel, and governs your use of the Service and related products and services provided to you by Quixel. The purpose of this End Use License Agreement and the License is to allow You to use the Service provided by Quixel during the Term on the terms and conditions stated in this End User License Agreement. This EULA is made effective beginning on the date on which you first accept this EULA, access or otherwise use the Service (whichever occurs first) (the “Start Date”).
NOTWITHSTANDING THE FORGOING, PLEASE NOTE THAT BY ACCESSING OR OTHERWISE USING THE SERVICE OR ANY RELATED SERVICE OR APPLICATION ETC. YOU AGREE TO ABIDE THE TERMS AND BE BOUND BY THE TERMS OF THIS EULA AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN QUIXEL AND YOU. QUIXEL OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICE AND PERMITS YOU TO USE THE SERVICE ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE SERVICE.
ACCOUNTS. To use the Service, you must either register an account via Quixel’s website, or access the Service and provide required user information. The account must be registered to only one (1) individual physical person (“Registered User”). Accounts registered and owned by a corporation or other legal entity must have one (1) physical person listed as the Registered User of the account who will be the only permitted person to use the Service. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others (another individual or entity etc.) to access your account, unless specifically permitted in writing by Quixel. Quixel reserves the right to disable or block accounts, end your access to the Service etc. without notice. You are not permitted to transfer your account, any assets, Points etc. to another person or entity, unless specifically permitted in writing by Quixel. You may delete your account at any time,
INTERNET ACCESS. A high-speed Internet connection is required for proper transmission of and access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service, including, but not limited to, “browser” software that supports protocols used by Third Parties, including Secure Socket Layer (SSL) protocol or other protocols accepted by Third Parties and to follow procedures for accessing services that support such protocols. We are not responsible for notifying You of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Quixel or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.
THE SERVICE. The Service comprises of the following software service: Megascans Library, a library of 2D and 3D scanned objects and materials, Quixel Mixer, a software editing tool for mixing Megascans Library materials and generating new materials from the existing library and Megascans API, a software for integrating the Megascans Library with DCC tools or game engines etc. Payment of the applicable fees entitles You to use the Service and purchased Points to add Megascans Library Assets into Your Product or develop Customer Assets with the use of the Megascans API and/or Quixel Mixer for the use in the Product. The Service may not be used in the development of any other products or services. You or any third party is strictly prohibited from using Megascans Library assets or Customer Assets in any other products or services or develop products and services that competes with Quixel’s products and services.
LICENSES AND RESTRICTIONS.
Hobby License. The Hobby License is provided for single individuals (a natural person) doing non-commercial work. The Hobby License permits You to use the Service as an individual only. Any content and/or assets used or developed under a Hobby License can never be used or made available in any commercial product or service or any corporate products or services, without Quixel’s prior written consent. The usage of the Hobby License is paid for by Points, see definition in section 8 below.
Freelancer License. The Freelancer License is provided for single self-employed individuals (a natural person) doing commercial work generating less than $100,000 per year in annual gross revenue (based on latest available completed fiscal year reporting). The Freelancer License grants You the right to use the Service as an individual only. For the avoidance of doubt: A Freelancer License may not be used by a corporation, or a party with a turnover of $100,000 or more per year. Nor may a Freelancer License be used for projects with a total budget of $100,000 or more. Further, a Freelancer License may not be used for research and development, prototyping, testing etc. You must acquire a Studio License or a Prototype License etc. in order to do research and development, prototyping, testing etc. Please contact Quixel support for any licensing questions. The usage of the Freelance License is paid for by Points, see definition in section 8 below.
Indie License. The Indie License is for entities generating less than $100,000 per year in annual gross revenue (based on latest available completed fiscal year reporting) and employing a maximum of 10 employees. The Indie License grant usage rights for a single entity, and does not grant usage rights for affiliate companies, outsourcing partners, subsidiaries and/or entities that share the name but not the location of the parent entity. For the avoidance of doubt: an Indie License may only be used for development of self-published games and products and not for games and products developed for a third party, for example a publisher, distributor or any other third parties. The usage of the Indie License is paid for by Points, see definition in section 8 below.
Quixel Software Service Agreement. If You do not qualify for a license listed under subsections 6.1 - 6.3 above You may not use the Service under this Agreement but may use the Service under a separate Quixel Software Service Agreement. Quixel Software Service Agreement is a commercial license for provided for entities generating more than $100,000 per year in annual gross revenue (based on latest available completed fiscal year reporting).
Please contact Quixel if you have questions regarding which license you qualify for, email email@example.com
Notwithstanding anything to the contrary in this Agreement, You may permit subcontractors working on Your main business location to use the Service on Your behalf. Subcontractors may not use the Service from any other location. You are responsible for the acts and omissions of such subcontractors under this Agreement and applicable laws as Your own acts and omissions.
Penalties. If Quixel in its sole discretion deem that You are misusing Your license it may shut down Your licence and access to the Service effective immediately and terminate the Agreement. Any prohibited use of the Service, including and beyond the allowed limits, will result in termination of this Agreement and the License and an obligation for You to compensate Quixel for any and all losses and damages herewith. Quixel reserves the right to keep copies of all Customers’ Customer Assets created for the purposes of verifying that such Customer Assets are not used for commercial use beyond allowed limits etc.
REPRESENTATION. You represent and warrant that you own the Original Content you create or otherwise have all licenses, rights, consents, and permissions necessary for the inclusion of Original Content within the Service and use of materials in the manner contemplated by Quixel and this Agreement.
FEES AND POINTS. The Service is offered as a subscription based service. You can subscribe to the Service on an annual or monthly basis. The Fees for the Service are stated in the Service, on the Webpage etc. Payment of the Fees provides You with Points. Points is the Megascans currency which can be used to purchase Megascans Assets available in the Megascans Library and develop Customer Assets for use in Your Product. You may also at any time purchase additional Points to be used in the Service. The Point fee for Megascans Assets and Customer Assets are stated in the Service, on the Webpage etc. Purchased Points are non-refundable unless specifically stated otherwise in this Agreement. When you open an account you authorize Quixel or its partners to charge your credit card, or use other forms of payment methods accepted by Quixel, for the Fees in accordance with the payment terms (as may be amended by Quixel or its partners from time to time). You are responsible for reviewing the EULA or the Service for any changes in the Fees, Points cost or payment terms etc. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate and close your Account as described in the termination section below. You are responsible for paying all applicable taxes (including those taxes and tariffs etc. Quixel or its partners are not required to collect) and for all hardware, software, Internet service costs and other costs you incur to access the Service. Quixel and its partners reserve the right to change the Fees, the Point costs, the payment terms, any availability of the Quixel and its services etc. at any time without notice; provided, however, such changes will not affect the Fees paid or Points used and payment terms for any products and services already purchased and paid for in full.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, UNLESS STATED OTHERWISE BY QUIXEL IN WRITING.
PAYMENT. Please note that once you have ordered and paid for the Service, you have started consuming the service, and you cannot disclaim the ordered service, paid Points or demand return payment. You agree to fully pay any and all Fees for the Service purchased through your account with any form of payment methods accepted by Quixel. You are responsible for providing Quixel with valid credit card information to secure payments. Quixel reserves the right to cancel any service ordered if any funds are insufficient, the credit card information you provide is not valid etc. Payments may be processed in cooperation with third party payment service providers.
Quixel may offer premium services. You are informed of the fees, charges and payment terms during the registration or purchase process. Quixel may also offer other services, either for one-time fees or for recurring fees. The current fees and payment terms may be viewed on Quixel’s website or in other locations as informed to you by Quixel and/or partners. Quixel and partners may amend the fees and payment terms at any time. All fees are in U.S. Dollars unless otherwise specified. If your purchases etc. are subject to any type of applicable taxes, then Quixel and partners may also charge you for any such taxes.
REFUND POLICY. If a Megascans Library Asset does not function properly resulting in that you cannot fully enjoy the Service as reasonably expected and you have notified Quixel customer support, firstname.lastname@example.org, of the malfunction and Quixel is not able to properly fix the malfunction or provide a replacement Megascans Library Asset within reasonable time Quixel may in its sole discretion offer you a full or partial refund of the Fees paid and/or Points used. Please contact Quixel customer support at email@example.com for support and/or refund issues.
ACCESS. In consideration of the payment of the applicable Fees and Points and subject to compliance by yourself with the terms contained herein, Quixel shall provide you with access to the Service and enable you to access and use the Service and the Points. If Quixel is unable to process any applicable payment at any time, your access to the Service may be suspended or terminated at Quixel’s discretion.
LICENSE. Upon establishing a valid account, registered to one (1) individual Registered User as stated in section 2, Accounts, above, and subject to your continued compliance with the End User License Agreement Quixel grants you the following rights on a limited, non-exclusive, revocable basis: A personal, non-sublicensable, non-transferable, revocable license to the Service in order to use the Service and Points to create Customer Assets for inclusion in your products and services (i.e. video games etc.). The Service may only be accessed by the Registered User, and that you may not be logged in on more than one device simultaneously unless stated otherwise by Quixel. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others (another individual, legal entity etc.) to access the Service without the prior written consent of Quixel.
NO RIGHT TO CREATE AND SELL MEGASCANS AND CUSTOMER ASSETS ON STAND ALONE BASIS. The Service may not be used for creating Customer Assets that are to be sold, leased, licensed or otherwise provided to third parties on a “stand- alone” basis, i.e. You may only use the Service to create Customer Assets for inclusion in your own products and services (i.e. video games etc.). You may not create and sell Customer Assets on its own for re-use by other parties, unless you have received Quixel’s prior written consent and agrees to pay a separate license fee as stipulated by Quixel. Please contact Quixel for any inquiries regarding such licensing. Nor may You sell, license or otherwise provide access to Megascans Assets to third parties on a stand-alone basis.
CONSENT TO USE OF DATA. You agree that Quixel may collect and use technical information and data gathered as part of the support services provided to you, if any, related to the Service and Quixel may share generic, non-customer specific information with its affiliates and partners but no customer specific data, and not to any other third party. Quixel, affiliates and partners may use such generic information for various metrics. Quixel may use this information solely to improve the Service, its products and services or to provide customized services or technologies to the customers and will not disclose this information in a form that personally identifies you, without your consent.
INTELLECTUAL PROPERTY RIGHTS. Quixel owns all right, title, copyright, and other intellectual property rights and interest, including but not limited to All trademarks, service marks, and trade names etc. in the Service, software, material, any documentation and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this EULA; no license, right or interest in any Quixel, Megascans patent, trademark, copyright, trade name or service mark is granted hereunder. The Service is licensed, not sold. Except as expressly authorized by Quixel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works or competing products or services from, or otherwise make unauthorized use of the Service or other Materials. You agree not to assert against Quixel any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights. You are not required to provide any ideas, feedback or suggestions regarding the Service or any of Quixel’s products or services (collectively, “Feedback”) to Quixel. To the extent you do provide any Feedback to Quixel, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Quixel and acknowledge that Quixel may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.
USER INTELLECTUAL PROPERTY. By using the Service You may generate new materials (“Customer Assets”). Except for the Megascans Software Service materials contained therein, any intellectual property right and title to such Customer Assets shall where applicable shall become Customer intellectual property. Such Customer Assets may only be used in the Product and not for any other purposes.
QUIXEL LICENSE TO USER INTELLECTUAL PROPERTY. You grant Quixel an irrevocable, sublicensable, perpetual, worldwide, royalty-free right and license to use such Customer Assets for marketing and promotional purposes. You represent and warrant that You has all necessary rights to grant the such licenses to Quixel.
LICENSE RESTRICTIONS. You agree not to (i) attempt to reverse engineer, decompile, translate, or disassemble the Service or related software or materials; (ii) rent, lease, or transfer the Service, or related software or materials; (iii) disclose the results of any performance benchmarks of the Service or related software or materials to any third party without Quixel’s prior written consent. You agree to abide by all applicable laws and regulations in using the Service. You expressly agree that you shall not: (a) use the Service for any illegal purpose; (b) use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; or (c) use the Service in any manner that breaches the EULA. Nor may You take any action that imposes an unreasonable or disproportionately large load on the Service, System or servers etc. You may not without specific prior written consent from Quixel use your own or third-party software to modify any content appearing within the Service or its environment or change how the Service is used. You may not, without express permission, use the Service or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.
ELECTRONIC COMMUNICATIONS. When you use the Service, or access Quixel through any Third Party Service Provider or send e-mails to us etc., you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Service or by other means Quixel finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TERMS AND TERMINATION. The term of this EULA and the license granted herein shall begin on the Start Date, as defined above, and shall be ongoing until terminated. You can terminate your license at any time and your license and payment obligations will expire at the end of the current term. You can terminate your license by registering such termination on Quixel’s webpage, www.quixel.com. Quixel may terminate this Agreement and your license at any time with 30 days notice. Termination of the EULA will result of your account being deactivated and your Megascans license being deactivated. Notwithstanding anything to the contrary herein, this EULA shall terminate, upon your failure to comply with or breach of any term or provision of this EULA, and such breach has not been cured within 10 days of notice of breach by Quixel or any Third Party Service Provider. Upon expiration or termination of this agreement you shall (i) immediately cease use of the Service and (ii) destroy all copies of the Service, plug-ins etc. within your possession and any item containing confidential information, and all of its component parts, within your possession, unless your use is otherwise specifically permitted by Quixel. If Quixel terminates the Service, you will not receive a refund of prepaid Fees or purchased Points. Articles 3, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 shall survive expiration or termination of this agreement.
CONFIDENTIALITY. You acknowledge that Service, related materials and any documentation etc., contains confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this EULA. For a period of 10 years after expiration or termination of this EULA, you agree that the documentation shall be treated as confidential information. The Service shall be treated as confidential in perpetuity. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by you.
DISCLAIMER OF WARRANTY. QUIXEL WILL USE REASONABLE EFFORTS TO PROVIDE YOU WITH A SERVICE THAT IS FAST, RELIABLE AND ENJOYABLE. HOWEVER, QUIXEL MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE SERVICE OR INFORMATION CONTAINED THEREIN, NOR DOES IT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL FUNCTION IN A MANNER OR AS FAST OR EFFICIENT AS YOU MAY EXPECT OR DESIRE. THE INFORMATION CONTAINED IN THE SERVICE MAY BE INCOMPLETE, MAY CONTAIN ERRORS, OR BECOME OUT OF DATE AT ANY TIME. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES. QUIXEL SHALL HAVE NO OBLIGATION TO CORRECT ERRORS IN, PROVIDE UPDATES FOR OR OTHERWISE SUPPORT THE SERVICE. QUIXEL RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE ITS SERVICES AT ANY TIME. YOU BEAR THE RISK OF USING IT. QUIXEL DOES NOT GIVE ANY EXPRESS OR STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS. QUIXEL ALSO EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ETC. NOTHING IN THIS AGREEMENT SHALL AFFECT THOSE STATUTORY RIGHTS WHICH YOU MAY BE ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY DO NOT APPLY IF AND TO THE EXTENT YOU SUSTAIN DAMAGES WHICH WERE CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF QUIXEL.
LIMITATION OF LIABILITY AND REMEDIES. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE (UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW), SHALL QUIXEL (INCLUDING BREACH OF ANY WARRANTY HEREUNDER) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF MEGASCANS OR RELATED DOCUMENTATION OR IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF QUIXEL OR A QUIXEL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF QUIXEL AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON QUIXEL UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE. IN NO EVENT SHALL QUIXEL’S AGGREGATE LIABILITY FOR ALL INCIDENTS DURING THE TERM OF THE AGREEMENT EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. IN ORDER TO BE ENTITLED TO ANY INDEMNIFICATION OR COMPENSATION FROM QUIXEL YOU MUST (I) PROMPTLY NOTIFY QUIXEL IN WRITING OF THE CLAIMS (WHETHER OR NOT LITIGATION OR OTHER PROCEEDING HAS BEEN FILED OR SERVED), (II) GIVE QUIXEL, AT QUIXEL’S OPTION AND EXPENSE, SOLE CONTROL OVER THE DEFENCE AND/OR SETTLEMENT OF THE CLAIMS, AND (III) AT YOUR OWN EXPENSE, YOU SHALL COOPERATE WITH QUIXEL IN ALL REASONABLE ASPECTS IN CONNECTION WITH THE DEFENSE OF ANY SUCH CLAIM. QUIXEL SHALL HAVE NO LIABILITY TO YOU IN THE EVENT THAT YOU HAVE FAILED TO COMPLY WITH THE TERMS OF THIS AGREEMENT.
INDEMNIFICATION. Your use of Megascans constitutes your agreement to defend, indemnify, and hold harmless Quixel, its parents and affiliates, partners, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of Megascans and the rights granted under this Agreement. You agree that Quixel may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies without the necessity of posting a bond.
ARBITRATION. If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
CLASS ACTION WAIVER. YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 24 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
CLAIMS. YOU AND QUIXEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
GOVERNING LAW. (a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Uppsala (Uppsala Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement. (b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this Agreement or the Service that is not subject to mandatory arbitration as set forth above in Section 25 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. (c) Notwithstanding anything to the contrary, Quixel may apply to any court of competent jurisdiction for injunctive or other equitable relief.
MODIFICATION. Quixel reserves the right, at its discretion, to update or revise the EULA at any time. Quixel will post such changes in its Megascans Service, and/or its Website, and/or communicate such changes via electronic mail or otherwise communicate such terms to you in a suitable manner decided by Quixel and these additional or revised terms will become part of the EULA effective immediately. Please check the Megascans service, the EULA or the Website periodically for changes. Your continued use of Megascans constitutes your binding acceptance of the EULA, including any changes or modifications made by Quixel as permitted above.
WAIVER. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
SEVERABILITY. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions which shall continue in full force and effect.
ASSIGNMENT. You shall not, without the prior written consent of Quixel, assign, transfer, charge, sub-contract, license or deal in any other manner with all or any of Your rights or obligations under this EULA. Quixel may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA without notice to you.
NO PARTNERSHIP. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Quixel and you. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
CREDITS IN THE PRODUCTS. You shall use best efforts to include Quixel’s logo and credits in the Product, PR materials etc, for example: "Uses Megascans (TM), Copyright (c) - 2017 Quixel AB". Current versions of Quixel’s logotype, credit terms etc. can be found at http://quixel.se/megascans/presskit/Megascans_Press_Kit.zip.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between the parties with respect to this specific subject matter hereof and shall not be modified except as provided in this Agreement.
DISCLOSURES. The services hereunder are offered by Quixel AB, a Swedish corporation, with registered and business offices at Stora Torget 3, S-753 20 Uppsala, Sweden, email: firstname.lastname@example.org.
Last Updated: November 10, 2017
What Information is Collected? In order to optimize your experience in the Service, Quixel may collect information about you, but only if you voluntarily give it to us. We may ask you to submit personal and/or demographic information in connection with our online services, general support, and your registration with the Service. For example, Quixel may ask for personal information to better help us respond to customer service questions related to the Service. Quixel may also ask for an email address to communicate directly with a user about technology- and/or related questions, and provide them with answers that they may find helpful. For using the Service you will be required to provide a username and password. For purchases you will be asked to provide additional information such as your credit card information (e.g., cardholder name, credit card number, expiration date and billing address, as well as other typically required information) in order to process and fulfill your order.
Quixel only collects personal information that it deems to be reasonably necessary to fulfill your online requests and our legitimate business objectives.
Use and Disclosure of Information. Generally, the personally identifiable information collected by Quixel will only be used for the particular purpose for which it was collected. Quixel may also transfer, disclose or share your personally identifiable information with partners and affiliates, and third parties who may be engaged by it specifically to handle and deliver certain activities necessary to operate Quixel’s business (e.g., processing orders and payments etc.); these third parties only have access to personal information needed to perform their functions. Additionally, in the event of a corporate reorganization (e.g., all or substantially all of the assets relating to Quixel are transferred or sold to another entity), personally identifiable information submitted to Quixel may be transferred to the acquiring entity. Quixel may also disclose personally identifiable information to third parties in order to comply with national, international, federal, state or local laws, in response to requests by law enforcement agencies, to enforce its End User License Agreement and Licenses, or to protect the rights, property or safety of Quixel, the Service, users of the Service, and others, including, without limitation, in connection with Take Down Notices.
You agree to and accept that we may also occasionally use your account and/or email address to send you announcements regarding our products and services and/or business that may be of interest to you. This includes the right to send you sales offers and advertising regarding our products and services and/or business.
Quixel requests that anyone under the age of 18 not send any personal information about themselves over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly collect personal information such as name and email address from children under 13 years old in the Service, unless expressly permitted by parent or guardian. We believe it is important to safeguard the privacy of children and encourage parents to regularly monitor their children’s use of online activities. If you are a parent and believe that your child under the age of 13 has used the service and provided personally identifiable information to us, please contact us at email@example.com or the mailing address at the end of this Policy and we will work to delete that account and any such personally identifiable information.
We may use personally identifying information and records for defense of a lawsuit, investigation or other action if such personally identifying information, records or profiles are relevant to the lawsuit, investigation or action.
Quixel may collect data in the form of logs. Log data collected on web servers supplies Quixel with aggregate information about the number of visits to different pages on the Service and other navigational data.
Payment Information. Along with information provided at registration, users making purchases through the Service may be asked to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make purchases in the Service.
Once customers have successfully entered valid credit card information and completed the order process, a purchasing account will be created and maintained for them. If customers do not complete the order process, the information they submitted during the order process will not be captured by Quixel’s systems. Quixel uses the information provided to process the customer’s order and to send order confirmations via email, as well as to make future purchases easier for the customer. Quixel does not sell, transfer or share customer information with third parties, except when the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Quixel’s business (e.g., processing orders and payments).
Quixel is always looking for ways to improve your experience of the Service. Quixel may at times solicit additional personally identifiable information to help it to offer new products and services that may be of interest to you.
Security. Quixel has taken steps to ensure that the personally identifiable information it collects is secure and we have taken reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our you and other customers. Personal information is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees, consultants and/or service providers. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with our Service, that we store on our systems or that is stored on our service providers' systems.
Please note that Quixel may provide links to other websites that are operated and hosted by third parties who may have their own information collection practices. These other websites are governed by their own privacy policies, which may be substantially different from Quixel’s policy. Visitors to other websites are encouraged to review the privacy policies and information collection practices of those websites.
Changing or Removing Account Information. End Users may modify or delete any or all of their information at any time by logging into their account. Information will be updated immediately. End Users who wish to deactivate their account may do so in accordance with the terms in the EULA. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other End Users or visitors of the Software.
International Data Transfers. Quixel is based in Sweden, and your personal information is collected and processed in accordance with Swedish privacy laws and EU Directive 95/46/EC on data protection. You agree and accept that Quixel may share, store and process your information with third parties, out of which some may be located in countries outside the European Economic Area (“EEA”) and transfer and store Your personal information and data in the United States. You should be aware that the privacy laws in such countries may not be equivalent to the EU privacy laws, and by using the Service you consent to your personal information being transferred to and processed and/or stored in countries outside the EEA, including the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship.
Contact. Quixel AB is the data controller of personal data provided by you. If you have any questions about this Policy, please contact us at firstname.lastname@example.org or at:
Attn: Privacy Questions
Stora Torget 3
S-753 20 Uppsala,
Last Updated: November 10, 2017
If a Megascans Library Asset does not function properly resulting in that you cannot fully enjoy the Service as reasonably expected and you have notified Quixel customer support, email@example.com, of the malfunction and Quixel is not able to properly fix the malfunction or provide a replacement Megascans Library Asset within reasonable time Quixel may in its sole discretion offer you a full or partial refund of the Fees paid and/or Points used. Please contact Quixel customer support at firstname.lastname@example.org for support and/or refund issues.