Quixel End-User License Agreement For Megascans

Last Updated: July 27, 2018

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”,"Academic Entity").

"Academic Entity": this refers to an educational institution which has been accredited by an authorized governmental agency within its applicable local, state, provincial, federal, or national government and has the primary purpose of teaching its enrolled students. Examples of Qualified Educational Institutions include, without limitation, public or private including but not limited to any primary or secondary school, vocational school, college or university.

"Quixel Academic Offering": this refers to the latest version of Quixel Mixer, Quixel Bridge and Megascans Educational Assets.

"Megascans Educational Assets": this refers to the assets distributed with the Quixel Academic Offering. The terms applicable to the use of these assets are the same as our General terms and conditions.

BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SERVICE, 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 YOU MUST NOT USE THE SERVICES

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.

  1. 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 User 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.

  2. 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.

  3. REGISTRATION. When registering an account You must provide Quixel with a valid e-mail address and Password which information will be registered by Quixel. You acknowledge and agree that You will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that You use for accessing the Service and You hereby accept sole responsibility for all activities that occur under your account, User name or password. Quixel may license the Service for individuals under the age of 18, but provide such services to adults, who can make purchases with a credit card or equivalent payment methods as accepted by Quixel. If you are under the age of 18, but over 13 years old, you may use the Quixel only under the supervision of a parent or guardian. Quixel and its affiliates reserve the right to refuse the Service, terminate accounts, remove or edit content and delete assets or cancel orders in their sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete. Quixel may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate Quixel’s businesses (e.g.process orders and payments etc.).Quixel respects your privacy and is committed to protecting your personal data, which you provided to us, against any breach. Please note that any personal data provided to Quixel by its customers is not processed or shared in any way other than what is stated here or in the Privacy Policy. For additional information regarding how we handle the information You transmit to us please visit our Privacy Policy. Please note that your use of the Service constitutes your acceptance of the Privacy Policy.

  4. 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.

  5. THE SERVICE. The Service comprises of the following software: 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, Megascans Bridge, a software tool to manage your local library and use it on other third party renders etc. 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 Megascans Studio for use in Your 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 compete with Quixel’s products and services.

  6. LICENSES AND RESTRICTIONS.

    1. 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.

    2. Freelancer License. The Freelancer License is provided for single self-employed individuals (a natural person) doing commercial work generating less than USD 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 USD 100,000 or more per year. Nor may a Freelancer License be used for projects with a total budget of USD 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 Freelancer License is paid for by Points, see definition in section 8 below.

    3. 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 grants 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.

    4. 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 provided to entities generating more than $100,000 per year in annual gross revenue (based on latest available completed fiscal year reporting).

    5. Academic License: The Academic License is a non-commercial license for Academic Entities and is valid for the duration of the Term defined in the Agreement between Quixel and the Academic Entity. The Academic Entity may deploy Megascans Educational Assets on a single file server computer and access the assets on multiple computers on a Networked Basis. “Networked Basis” means a computing environment that includes a computer acting as a file server which allows the Assets installed on such computer to be viewed or otherwise accessed from, other computers through a local area network connection or through a secure virtual private network (VPN) connection employing current industry standard encryption and protection mechanisms.
      The Academic Entity may install Quixel Mixer and Quixel Bridge on computers in labs, classrooms, or an education deployment environment.
      The Quixel Academic Offering is to be used only by Education Users and solely for Educational Purposes.
      The usage of the Academic License is provided free of charge, provided that the license is used as intended. Quixel reserves its rights to charge license fees or claim damages for any commercial or prohibited use of the Academic License.

    6. Please contact Quixel if you have questions regarding which license you qualify for, email legal@quixel.se

    7. 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.

    8. Penalties. If Quixel in its sole discretion deem that You are misusing Your license, it may shut down Your license 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.

  7. 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.

  8. 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 Pricing page. Payment of the Fees provides You with Points. Points are 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 are stated in the Service. 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

  9. 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.

  10. 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 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 support@quixel.se for support and/or refund issues.

  11. 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.

  12. 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 unless explicitly permitted in this Agreement.

  13. 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 agree 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.

  14. CONSENT TO USE OF DATA. You agree that Quixel may collect and use necessary technical information and data gathered as part of the support services provided to you, if any, related to the Service and Quixel may where necessary 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 will only use this information 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. For further information, please read our Privacy Policy.

  15. 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 Agreement; no license, right or interest in any Quixel and/or 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 and/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.

  16. 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, become Customer intellectual property. Such Customer Assets may only be used in the Product and not for any other purposes.

  17. 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 have all necessary rights to grant the such licenses to Quixel.

  18. 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) perform and/or 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 Agreement. Nor mayYou 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.

  19. 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. Your communications will not be stored longer than is necessary for the purposes of performing the Agreement.

  20. 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.se. Quixel may terminate this Agreement and your license at any time with 30 days notice. Termination of the EULA will result in 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.

  21. CONFIDENTIALITY. You acknowledge that the 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.

  22. 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.

  23. 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 AGREEMENT 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.

  24. 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 remedieswithout the necessity of posting a bond.

  25. 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.

  26. CLASS ACTION WAIVER. YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 25MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  27. 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.

  28. 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.

  29. 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.

  30. 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.

  31. 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.

  32. 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 Agreement. 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 Agreement without notice to you.

  33. 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, nor nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.

  34. 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) - 2018 Quixel AB". Current versions of Quixel’s logotype, credit terms etc. can be found at http://quixel.se/megascans/presskit/Megascans_Press_Kit.zip.

  35. 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.

  36. 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: legal@quixel.se.

QUIXEL END-USER LICENSE AGREEMENT FOR MEGASCANS FREE ASSETS

Copyright (C) 2017, Quixel AB. All rights reserved

THE MEGASCANS FREE ASSETS (“THE MEGASCANS FREE ASSETS”) ARE OWNED BY QUIXEL AB, A SWEDISH CORPORATION (HEREINAFTER “QUIXEL”). THIS END-USER LICENSE AGREEMENT (THIS “AGREEMENT”, “EULA”) APPLIES TO ALL USERS OF THE MEGASCANS FREE ASSETS (COLLECTIVELY OR INDIVIDUALLY, ”YOU”, “USERS”, “CUSTOMER”) AND GOVERNS THE TERMS AND CONDITIONS FOR THE USE OF THE MEGASCANS FREE ASSETS.

IF YOU ARE USING THE MEGASCANS FREE ASSETS 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

  1. ACCEPTANCE

    This End User License Agreement is a legal agreement between You and Quixel, and governs your use of the Megascans Free Assets. This EULA is made effective beginning on the date on which you first accept this EULA, access or otherwise use the Megascans Free Assets.

  2. OWNERSHIP

    Quixel retains all right, title and interest in and to the Megascans Free Assets, including but not limited to All trademarks, service marks, and trade names etc. in the Megascans Free Assets, material, any documentation and any copies thereof and retains all such rights. Except as expressly granted in this Agreement; no license, right or interest in any Megascans Free Assets, patent, trademark, copyright, trade name or service mark is granted hereunder. The right to use the Megascans Free Assets is licensed, not sold.

  3. RIGHT OF USE

    Quixel hereby grants to Customer, for the Term of the Agreement a non-exclusive, non-transferable right to use the Megascans Free Assets solely for Customer’s evaluation and test-integration of the Megascans Free Assets with Third Party Service Provider products.

  4. RESTRICTIONS

    The Megascans Free Assets may not be used by the Customer or any third party for any other use or for any other purpose than explicitly stated in this Agreement. Customer may not sell, license or otherwise commercially use or exploit any products or services containing the Megascans Free Assets without a separate license. The Customer is not entitled to use the Megascans Free Assets for any other use or develop products and services that competes with Quixel’s products and services. You may not without specific prior written consent from Quixel use your own or third-party software to modify any content appearing within the Megascans Free Assets or its environment or change how the Megascans Free Assets is used. 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 Megascans Free Assets without the prior written consent of Quixel. You expressly agree that you shall not: (a) use the Megascans Free Assets for any illegal purpose; (b) use the Megascans Free Assets in any manner which violates the rights of a third party, including without limitation intellectual property rights. Further, you may not perform benchmarks tests of the Megascans Free Assets or disclose the results of any performance benchmarks of the Megascans Free Assets or related software or materials to any third party without Quixel’s prior written consent.

  5. PROHIBITED USE

    Customer shall not: i) translate or adapt the Megascans Free Assets for any purpose nor arrange or create derivative works based on the Megascans Free Assets without Quixel's express prior written consent in each case; ii) copy, modify or in any other way change or alter the Megascans Free Assets, or parts thereof, nor authorize anyone else to do so; iii) transfer or distribute (whether by license, loan, rental, sale or otherwise) all or any part of the Megascans Free Assets to any other person or entity; iv) make, nor authorize others to make, any further copies of the Megascans Free Assets without Quixel's prior written consent; or v) itself or authorize others to decompile, reverse-engineer, disassemble, modify or in any other way change or alter the Megascans Free Assets or any part thereof.

  6. WATERMARK

    Quixel and Third Party Service Provider reserves the right to watermark the Megascans Free Assets for the purposes of verifying that the Megascans Free Assets are not used for commercial use or otherwise in breach of this Agreement.

  7. PROPRIETARY NOTICES

    Customer shall retain, reproduce, and apply any copyright notices and/or other proprietary rights notices included on or embedded in the Megascans Free Assets.

  8. TERM

    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 by either party or Third Party Service Provider effective immediately.

  9. EARLY TERMINATION

    If Quixel or Third Party Service Provider deem that You are misusing the Megascans Free Assets they may shut down your access to the Megascans Free Assets effective immediately and terminate the Agreement. Any prohibited use of the Megascans Free Assets will result in termination of this Agreement and an obligation for You to compensate Quixel for any and all losses and damages herewith.

  10. FEES

    Customer shall pay the fees as set forth in your Agreement with the Third Party Service Provider. Fees are non-refundable unless specifically specified in the Agreement your Agreement with the Third Party Service Provider.

  11. CONFIDENTIALITY

    You acknowledge that the Megascans Free Assets, related materials and any documentation etc, contains confidential and proprietary information. You agree to maintain the confidentiality of the Megascans Free Assets 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 Megascans Free Assets 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.

  12. DISCLAIMER OF WARRANTY

    QUIXEL AND THIRD PARTY SERVICE PROVIDER WILL USE REASONABLE EFFORTS TO PROVIDE YOU WITH THE MEGASCANS FREE ASSETS AND RELATED SERVICE THAT IS FAST, RELIABLE AND ENJOYABLE. HOWEVER, QUIXEL AND THIRD PARTY SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE MEGASCANS FREE ASSETS OR INFORMATION CONTAINED THEREIN, NOR DO THEY REPRESENT OR WARRANT THAT THE MEGASCANS FREE ASSETS 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 MEGASCANS FREE ASSETS MAY BE INCOMPLETE, MAY CONTAIN ERRORS, OR BECOME OUT OF DATE AT ANY TIME. THE MEGASCANS FREE ASSETS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES. QUIXEL AND THIRD PARTY SERVICE PROVIDER SHALL HAVE NO OBLIGATION TO CORRECT ERRORS IN, PROVIDE UPDATES FOR OR OTHERWISE SUPPORT THE MEGASCANS FREE ASSETS. QUIXEL AND THIRD PARTY SERVICE PROVIDER RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE THE MEGASCANS FREE ASSETS AND RELATES SERVICES AT ANY TIME. YOU BEAR THE RISK OF USING THE MEGASCANS FREE ASSETS. QUIXEL AND THIRD PARTY SERVICE PROVIDER DO NOT GIVE ANY EXPRESS OR STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING THE MEGASCANS FREE ASSETS. QUIXEL AND THIRD PARTY SERVICE PROVIDER 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 AND/OR THIRD PARTY SERVICE PROVIDER.

  13. LIMITATION OF LIABILITY

    QUIXEL AND THIRD PARTY SERVICE PROVIDER SHALL IN NO EVENT (INCLUDING BREACH OF ANY WARRANTY HEREUNDER) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE AGREEMENT AND YOUR USE OF THE MEGASCANS FREE ASSETS (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. QUIXEL’S AND THIRD PARTY SERVICE PROVIDER’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO $ 5,000. U.S. IN NO EVENT SHALL QUIXEL’S AND THIRD PARTY SERVICE PROVIDER’S AGGREGATE LIABILITY FOR ALL INCIDENTS DURING THE TERM OF THE AGREEMENT EXCEED $ 5,000. U.S. IN ORDER TO BE ENTITLED TO ANY INDEMNIFICATION OR COMPENSATION FROM QUIXEL AND THIRD PARTY SERVICE PROVIDER YOU MUST (I) PROMPTLY NOTIFY QUIXEL OR THIRD PARTY SERVICE PROVIDER IN WRITING OF THE CLAIMS (WHETHER OR NOT LITIGATION OR OTHER PROCEEDING HAS BEEN FILED OR SERVED), (II) GIVE QUIXEL OR THIRD PARTY SERVICE PROVIDER, AT ITS OPTION AND EXPENSE, SOLE CONTROL OVER THE DEFENCE AND/OR SETTLEMENT OF THE CLAIMS, AND (III) AT YOUR OWN EXPENSE, YOU SHALL COOPERATE WITH THE PARTY IN ALL REASONABLE ASPECTS IN CONNECTION WITH THE DEFENSE OF ANY SUCH CLAIM. QUIXEL AND THIRD PARTY SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU IN THE EVENT THAT YOU HAVE FAILED TO COMPLY WITH THE TERMS OF THIS AGREEMENT.

  14. INDEMNIFICATION

    1. Your use of the Megascans Free Assets constitutes your agreement to defend, indemnify, and hold harmless Quixel and Third Party Service Provider, 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 the Megascans Free Assets and the rights granted under this Agreement. You agree that Quixel and Third Party Service Provider, 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.

  15. 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.

  16. CLASS ACTION WAIVER

    YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 15 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  17. CLAIMS

    YOU, QUIXEL AND THIRD PARTY SERVICE PROVIDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE MEGASCANS FREE ASSETS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  18. 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 15 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 and/or Third Party Service Provider may apply to any court of competent jurisdiction for injunctive or other equitable relief.

  19. 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.

  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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: legal@quixel.se.

Privacy Policy

Last Updated: May 23rd, 2018

Introduction

Our Privacy Policy is designed to help you understand what personally identifiable information we collect at Quixel, how Quixel uses it and what rights you have.

For the purposes of applicable data protection legislation, Quixel AB reg. nr. 556850-5407, (“Quixel”) is the controller of personal data provided by you and determines how and why your personal data will be processed.

Please note that this Privacy Policy applies to the following internet sites:

www.quixel.se,www.megascans.se

Should you have any questions about Quixel’s processing of personal data or about this Privacy Policy, please refer to the last section on how to get in touch.

When we talk about the “Services” in this policy, we are referring to our websites, softwares and copyright assets and other services which we have licensed to our Customers. When we talk about “Personal Data” in this policy, we are referring to personally identifiable information you provide when using our Services or in any other contact with Quixel, except for any anonymised Personal Data. When we talk about “Affiliated Parties” in this policy, we are referring to our partners, affiliated companies and third parties.

PLEASE READ THIS PRIVACY POLICY BEFORE USING QUIXEL SERVICES. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

  1. What Personal Data we collect?

    We collect and process the following types of personal data about you:

    • Identification Data such as your name, street address, postal code, city, country, email address and project name.

    • Contact Data such as your billing address, and email address.

    • Financial Data such as your payment card details.

    • Transaction Data such as details about payments between you and Quixel and other details of purchases made by you.

    • Technical Data such as your login data, internet protocol addresses, browser type and version, operating system and platform and other technology on the devices you use to access our Services.

    • Profile Data such as your username and password, purchases or orders, your interests, preferences, feedback and survey responses.

    • Usage Data such as information about how you use our website, products and Services.

    • Marketing and Communications Data such as your preferences in receiving marketing communications from us and your communication preferences.

    We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

    Quixel only collects Personal Data that it deems to be reasonably necessary to fulfill your online requests and our legitimate business objectives.

  2. How we collect your Personal Data?

    • Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by email or otherwise, including when you:

      • Order our products or Services;

      • Create an account on any of our sites;

      • Subscribe to our Services or publications;

      • Request resources or marketing be sent to you;

      • Enter a competition, prize draw, promotion or survey; or

      • Give us feedback.

    • Automated technologies or interactions: As you use our Services, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and Google Analytics. Please see our cookie policy at Megascans Cookie Policy for further details.

  3. How and why we use your Personal Data?

    Set out below is a description of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant. The Type of Data in the chart below refers to the definitions described under section 1.

    The most common legal/lawful grounds of our processing of your personal data are:

    • Where we need to perform the contract between us.

    • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

    • Where we need to comply with a legal or regulatory obligation.

    We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at info@quixel.se if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

    Purpose/Activity

    Type of Data

    Lawful Basis for Processing

    To register you as a new customer

    • Identification Data
    • Contact Data

    Performance of a contract with you

    To process your order including:

    • Manage payments, fees and charges

    • Identification Data
    • Contact Data
    • Financial Data
    • Transaction Data

    Performance of a contract with you

    To manage our business relationship with you which will include:

    • Notifying you about changes to our terms or privacy policy
    • Asking you to leave a review or take a survey
    • To send you product and company updates

    • Identification Data
    • Contact Data
    • Profile Data
    • Marketing and Communications Data

    • Performance of a contract with you
    • Necessary to comply with a legal obligation, i.e. due to product liability, data protection legislation or accounting legislation.
    • Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services

    To enable you to partake in a prize draw, competition or complete a survey

    • Identification Data
    • Contact Data
    • Profile Data
    • Usage Data
    • Marketing and Communications Data

    • Performance of a contract with you
    • Necessary for our legitimate interests to study how customers use our products/services, to develop them and grow our business
    • Based on consent from you

    To administer and protect our business and our Services (including troubleshooting, testing, system maintenance, support, reporting and hosting of data)

    • Identification Data
    • Contact Data
    • Technical Data

    Performance of a contract with you

    To use data analytics to improve or develop our website, products/Services, marketing, customer relationships and experiences

    • Technical Data
    • Usage Data

    Necessary for our legitimate interests to define types of customers for our products and Services, to keep our site updated and relevant, to develop our business and to inform our marketing strategy

    To make suggestions and recommendations to you about our different goods or services that may be of interest to you

    • Identification Data
    • Contact Data
    • Technical Data
    • Usage Data
    • Profile Data
    • Marketing and Communications Data

    Necessary for our legitimate interests to develop our products/services and grow our business

    • Marketing communications

      You will receive marketing communications from us if you have:

      • Requested information from us or purchased goods or Services from us; or

      • If you provided us with your details and ticked the box at the point of entry of your details for us to send you marketing communications, e.g. when you purchased goods or Services, or when you registered for subscription; and

      • In each case, you have not opted out of receiving that marketing.

      We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email.

      You have the right to withdraw consent to marketing at any time. You can ask us to stop sending you marketing messages by following the opt-out links on any marketing message sent to you or by emailing us at info@quixel.se

      Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/Service purchase, product/Service experience or other transactions.

    • Change of purpose

      We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at info@quixel.se

      If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.

      We may process your personal data without your knowledge or consent where this is required or permitted by law.

  4. Cookies and Logs

    A cookie is information a website places on your computer’s hard drive so that the website is able to remember your preferences and/or which pages you visited on the website and make your visit more efficient and enjoyable.

    Quixel may use cookies to determine the number of unique visitors to our Service over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated. We may combine information collected through cookies to any personal information submitted online when using the Service to help personalize your access to and use of the Service. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser.

    Quixel may collect data in the form of logs. Log data collected on web servers supplies us with aggregate information about the number of visits to different pages on the Service and other navigational data. The variety of technical information we may log is:

    • IP address

    • Device information, including device name and IDs, hardware model, operating system and version, and mobile network information

    • Browser information

    • Cookie information

    • Date/time of access

    • Requested page(s)

    • Referring page(s)

    For details you can take a look at our Cookie Policy here.

  5. Your Rights on the Collection, Use and Distribution of Personal Data

    1. Opt In/Opt Out

      Quixel allows you to monitor the way in which we use the personal information we obtain. Any promotional materials which Quixel may send to you (e.g. "newsletters" or "information bulletins") contain internal mechanisms that allow you to block future mailings (Opt-out).

      Quixel also allows you to control if you want to share app usage data related to our Quixel Mixer and Megascans Bridge apps. These apps have built in mechanisms that allow you to opt out of sharing this information with us.

    2. Right to Access, Rectify, Modify, Erase and Object

      You have the right to request access, rectification, or erasure of your data that Quixel has collected.

      You also have the right to object or restrict, for legitimate purposes, the processing of your Personal Data, as well as the right to data portability. In case of restriction Quixel may not be able to provide certain Services to you.

      You may also withdraw your consent on receiving marketing communications and on sharing your data with us.

      End Users who wish to deactivate their account may do so in accordance with the terms in the EULA (End User License Agreement). Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other End Users of the Software.

      Removed information is retained for our own internal accounting purposes along with furnishing customer requests for old invoices.

      You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

      We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

      We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

      If you wish to exercise any of the rights set out above, please email us at info@quixel.se. Furthermore, you have a right to lodge a complaint regarding our processing of your data with the supervisory authority in the EU member state of your residence, place of work or place of the alleged infringement.

  6. Data Retention.

    We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

    To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

    By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for accounting and tax purposes.

    In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  7. Sharing and Disclosure of Personal Data.

    We do not sell your data to any third party for marketing purposes. As a general rule, we will not forward your Personal Data to third parties without your permission. However, since we work in conjunction with partners, affiliated companies and third parties for the provisioning of our Services, we may have to share your personal data with them.

    We may also disclose or share your data with:

    • Service providers who provide IT and system administration services.

    • Subsidiaries or other group companies.

    • Affiliated Parties.

    • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

    We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions and applicable data protection law.

    • Legally Compelled Disclosures

      We may disclose your Personal Data if required to do so by law or if we believe that such action is necessary to (a) conform to the law, comply with a judicial or court order or comply with legal process served on us or Affiliated Parties; (b) protect and defend our rights and property, the services, the users of the services, and/or our Affiliated Parties; or (c) act under circumstances to protect the safety of users of our services, us, or third parties.

  8. International Data Transfers

    Quixel is based in Sweden, and your Personal Data is collected and processed in accordance with Swedish privacy laws and EU General Data Protection Regulation.

    We strive to process all your data inside the EU/EEA (European Union/European Economic Area). However, Quixel may share, store and process your information with third parties, out of which some may be located in countries outside the EU/EEA, such as the United States and any other country in which Quixel maintains its facilities. When personal data is shared or transferred under these circumstances, Quixel will ensure that the transfer will be subject to appropriate safeguards in accordance with applicable data protection legislation and that the level of protection is equivalent to that applicable in the EU/EEA.

    In case of transfers to third parties with operations located in the US, for instance as regards Quixel's use of services provided by Amazon, Google, Stripe, MongoDB and Mailchimp, Quixel has ensured appropriate safeguards through these parties' accession to the EU-US framework, Privacy Shield, in accordance with Article 45 of the General Data Protection Regulation. You can read more about the framework here.

  9. Security

    Quixel has taken steps to ensure that the Personal Data we collect is secure. We have also taken a range of technical and organizational measures to protect the confidentiality, security, and integrity of the Personal Data collected from you including protecting your data from unauthorized access, loss, change or deletion. Personal Data 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. Such actions include, but are not limited to, physical controls, encryption, eligibility restrictions, policies, etc.

    We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  10. Privacy of Minors

    Quixel Services are not meant to be used by anyone under the age of 13. We do not knowingly collect Personal Data 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 take an interest in 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 Personal Data to us, please contact us at info@megascans.se and we will delete your child’s account and any related Personal Data.

  11. Governing Law

    For Megascans, any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or the breach, termination or invalidity thereof, shall be governed by the laws and venue as stated in sections 28-30 of the End User License Agreement https://megascans.se/terms.

  12. Changes to our Privacy Policy

    This Privacy Policy may be subject to change from time to time. If substantial changes are made to the Privacy Policy, Quixel will notify you of these material changes by posting them on the Service and/or informing you by e-mail sent to the address provided by you to us, or if possible in some other manner. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected, how it is used and to whom it is disclosed. Your continued use of the Service subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.

  13. 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 info@megascans.se or at:

    Quixe AB
    Attn: Privacy Questions
    Stora Torget 3
    S-753 20 Uppsala,
    Sweden

Refund Policy

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, support@quixel.se, 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 support@quixel.se for support and/or refund issues.

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