I. QUANTICA SOFTWARE LICENSE (for a perpetual term)
- GRANT OF LICENSE. Subject to the terms of Clause 2 below, this Quantica License Agreement (“LICENSE”) permits you to use one copy of the specified version of the Quantica software (“SOFTWARE”) on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have LICENSES. The SOFTWARE is not considered “in use” by the fact that it is loaded into the temporary memory (i.e., RAM), installed on a network server for the sole purpose of distribution to other computers, or installed into a permanent memory (e.g., hard disk, CD-ROM, or other storage device) of a computer, unless and until such SOFTWARE is actually being used. If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of LICENSES.
- DEMONSTRATION LICENSE. If you have downloaded the SOFTWARE as part of the Quantica’ “try-before-you buy” concept (the “DEMONSTRATION PERIOD”), then the LICENSE shall apply to you during the DEMONSTRATION PERIOD only, in accordance with its term and conditions, other than the Limited Warranty, which is expressly excluded. Moreover, you expressly agree that you shall use SOFTWARE during the DEMONSTRATION PERIOD only for purposes of evaluation of the SOFTWARE, and not for any commercial use. The duration of the DEMONSTRATION PERIOD shall be seven (7) days from the day of the first activation of the SOFTWARE, as set forth in the “About” box.
- COPYRIGHT. QUANTICA is the sole owner of the SOFTWARE and all trade secrets, copyrights, patents and other intellectual property rights therein (other than, if relevant, open source, or intellectual property rights licensed from third parties. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording), except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE All other rights not expressly provided herein are hereby reserved by Quantica.
- OTHER RESTRICTIONS. You may not sub-license the SOFTWARE. You may not and you may not permit others to:
a) Reverse engineer, decompile, disassemble or otherwise derive source code from the SOFTWARE;
b) Modify or prepare derivative works of the SOFTWARE;
c) Copy the SOFTWARE, other than as specifically set forth herein; and/or
d) use the SOFTWARE in any manner that infringes the intellectual property or other rights of another party. Any Transfer of the SOFTWARE must include the most recent update and all prior versions.
- UPDATES. If the SOFTWARE is an update to a previous version (the “UPDATE”), you must possess a valid License for the previous version, in order to use the Update. All Updates are provided to you on a “license exchange” basis and you agree that by using an Update, you no longer have a License to use any previous version of the SOFTWARE.
II. LIMITED WARRANTY
LIMITED WARRANTY. QUANTICA warrants that, for a period of one (1) year from the date of receipt: (a) any updates to the SOFTWARE will be provided for use; (b) the SOFTWARE will perform substantially in accordance with the accompanying written materials; and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use. Any implied warranties on the SOFTWARE and hardware are limited to one (1) year. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. QUANTICA’ entire liability and your exclusive remedy shall be, at QUANTICA’ option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE or hardware that does not meet QUANTICA’ Limited Warranty and that is returned to QUANTICA with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. QUANTICA disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR DAMAGES. In no event shall QUANTICA, its suppliers or licensors, be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental, or consequential damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this QUANTICA product, or arising out of any support which QUANTICA may extend to you, even if QUANTICA has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such a case, then the aggregate liability for any claims, losses or damages shall not exceed US $2,500.
The foregoing limitation of liability is complete and exclusive, shall apply even if QUANTICA has been advised of the possibility of claims, losses, or damages exceeding such limit, and shall apply regardless of the success or effectiveness of any other remedies possessed by QUANTICA. The limitation of liability reflects an allocation of risk between you and QUANTICA.
III. GENERAL PROVISIONS
Nevada State law shall govern the interpretation and enforceability of this Agreement, and any dispute hereunder shall be adjudicated in the sole and exclusive jurisdiction of the competent court of Clark County, Nevada, USA, If any provision of this Agreement is held to be unenforceable, then such provision shall be deemed stricken from this Agreement and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement signed by you and QUANTICA, this Agreement shall be the sole and complete agreement between you and QUANTICA, regarding the SOFTWARE. This Agreement expressly supersedes and replaces any other license agreement for the SOFTWARE, including but not limited to any agreement appearing in any user’s manual, unless a subsequent agreement for the SOFTWARE is in writing and signed by both you and an authorized QUANTICA representative.
IV. PRODUCT LABELING
You agree not to use any trademarks, brand names or logos of Quantica, or that accompany the SOFTWARE, without the prior written consent of QUANTICA.
V. NO OBLIGATION TO ENFORCE
Nothing contained in this Agreement shall be construed as imposing on QUANTICA any obligation to acquire, maintain, or file or defend any suit or action regarding the validity or infringement of, any QUANTICA intellectual property licensed hereunder.
VI. NO WAIVER
The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or different provision.
In the event that any provision of this Agreement is determined to be invalid, unenforceable or unlawful, such invalidity, unenforceability or unlawfulness shall not effect any other provisions of this Agreement, and the Agreement shall be construed as if the challenged provision had never been contained herein.
VIII. NO SUPPORT OBLIGATION
QUANTICA is not obligated to furnish or make available to you any further information, software, technical information, know-how, or support. In the event that QUANTICA does extend any of the same, QUANTICA shall not be liable for any damage, howsoever caused. QUANTICA reserves the right to make changes to the SOFTWARE, and all materials provided hereunder, without further notice.
IX. Quantica Audio applies the same licenses transfer policy as Acustica Audio.
Product transfer as second-hand sales between two final customers is possible. Product transfers have an administrative cost. For products bought at a special price different from the current list price, the product transfer fee will be automatically increased by the amount of discount or discounts received from Quantica Audio. After a product transfer is made, the former owner must uninstall completely the transferred product from their computer.
- Quantica Audio products and licenses transfer policy may change at any time without prior notice.
- Product transfers have an administrative cost.
- The current product transfer administrative cost is $30 USD per productand the administrative cost may change at any time without any prior notice.
- For products bought at a special price, different from the current list price, the product transfer cost will be automatically increased by the amount of discount or discounts received from Acustica Audio.
- Product transfers are only available for customers who own a purchased, full software license of the product in question.
- Transfer of a single product from a bundle is not possible. The complete bundle should be transferred.
- Transfer of a product includes all product versions.
- Products that include updates or extensions should be transferred completely, including all upgrades and extensions.
- Product transfers are not available for: time-limited, educational, NFR, special, institutional, or retail bundled software.
- After product transfer is made, the former owner must uninstall completelythe transferred product from their computer.
- The product transfer procedure must always be initiated by the product owner(seller) by using a sales support ticket in the help-desk area of Acustica Audio’s website.
- We do not provide any information related to product transfers via social networks, public forums, the Acustica Audio forum, or email.
- Second-hand products cannot be returned.
- The product transfer administrative cost cannot be applied retroactively.
- Requesting a product transfer does not entail any obligation on Quantica Audio or Acustica Audio to keep the administrative cost for an indefinite period at the same cost.
- Depending on the general workload, a product transfer may take up to fourteen days and this period may increase depending on local bank holidays or staff vacations.
- Quantica Audio’s products and licenses transfer policy may change at any time without prior notice.
Do not send us emails or reply to help-desk solution, since the ticket will be created without any property and our help-desk agents will not answer them.
To contact Acustica Audio support go to the ‘Support and Help-desk Section’ in your Acustica Audio account. We do not provide support via social networks, public forums, Acustica Audio forums, or email accounts.