QuiKeys Terms of Sale
DQ STUDIOS INC. END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY
THIS DQ STUDIOS INC. END-USER LICENSE AGREEMENT ("AGREEMENT") DETAILS THE TERMS AND CONDITIONS OF YOUR USE OF THE PRODUCT. PRIOR TO PURCHASING, DOWNLOADING, INSTALLING OR USING THE PRODUCT, YOU SHOULD CAREFULLY REVIEW THIS AGREEMENT. REDISTRIBUTION OF THE PRODUCT IS NOT PERMITTED. BY CLICKING THE "I ACCEPT" BUTTON OR DOWNLOADING, INSTALLING OR USING THE PRODUCT, THE CUSTOMER IS VOLUNTARILY AND EXPRESSLY ACKNOWLEDGING THAT THE CUSTOMER HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND IS CONSENTING TO ENTERING INTO THIS AGREEMENT. THE CUSTOMER MAY NOT PURCHASE, DOWNLOAD, INSTALL OR USE THE PRODUCT UNLESS IT ACCEPTS ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. DEFINITIONS In this Agreement: "Customer" means you, the individual or entity purchasing, downloading, installing or using the Product; "Customizable Parts" means the physical 57-key keyboard controller, Adobe PhotoshopTM actions and custom preset tools being purchased as part of the Product under this Agreement; "DQ Studios" means DQ Studios Inc. and its successors and assigns; "Non-Customizable Parts" means the scripts being purchased as part of the Product under this Agreement; "Product" means the Customizable Parts and the Non-Customizable Parts; and "Purchase Price" means the purchase price payable hereunder by the Customer to DQ Studios Inc. or its designee for the Product.
2. TERMS OF SALE
2.1 Payment Terms. The Customer agrees to pay DQ Studios or its designee the Purchase Price for the Product by MasterCard, VISA, certified cheque, Paypal, money order or bank draft in US Dollars. The Customer shall be solely and fully responsible for any currency conversion fees charged. Once the Customer places any order by credit card, the credit card account will be verified at the time the order is processed by DQ Studios or its designee. Should such credit card be declined for any reason, the Customer's order shall be automatically null and void. No C.O.D orders are accepted. Orders are processed ONLY upon receipt of full payment of the Purchase Price by DQ Studios or its designee.
2.2 Purchase Price. The Purchase Price shown on this site or otherwise provided by DQ Studios or its designee to the Customer does not include shipping and handling charges, customs and brokerage fees or applicable government taxes. The Purchase Price payable by the Customer for an order of the Product will be the price in effect at the time its order is confirmed in writing by DQ Studios or its designee to the Customer after the Customer has clicked "I Accept" at the bottom of this page.
2.3 Customer Information. The Customer agrees to provide accurate information during the purchasing process. The Customer hereby grants DQ Studios the right to use the Customer's name and information in any customer reference list, press release issued by DQ Studios regarding the licensing or use of the Product, billing purposes, advertising, notifying the Customer of other products or services or upgrades or other such use as determined by DQ Studios in its sole and absolute discretion.
2.4 Licence Fee. The Customer understands and covenants with DQ Studios that the Purchase Price is a license fee solely for the license described in section 3.1 below.
3. LICENSE AND USE
3.1 License. Upon receipt of the full Purchase Price by DQ Studios or its designee from the Customer, DQ Studios hereby grants to the Customer a personal, non-exclusive, limited revocable license to use the Product solely for use by the Customer in accordance with the terms and conditions of this Agreement.
3.2 Use. The Customer may download, install and use the Product on no more than five computers. The Customer shall limit access to the Product to a single user at any one time. The Customer is expressly prohibited from using the Product in a multi-user environment, server-based system or any other multi-user application. The Customer is granted the right to make copies of the Product for archival purposes and to further customize the Customizable Parts of the Product for personal use.
3.3 Restrictions. The Customer does not have the right to, and shall not, sublicense, distribute, assign, sell, rent, lease, loan, convey or otherwise transfer the Product to any third party or copy, duplicate, translate or convert to another programming language the Product, except as expressly permitted herein. The Customer shall not alter, modify, manipulate, reverse engineer, decompile, disassemble or create derivative works of the Non-Customizable Parts of the Product, nor allow a third party to do so except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.4 Ownership and Copyright. All right, title and interest in and to the Non-Customizable Parts of the Product, including, but not limited to, any and all copyrights, trade marks, images, photographs, animations, video, audio, music, text and online and downloadable tutorials incorporated into or relating to the Non-Customizable Parts of the Product, the accompanying printed materials, and any copies of Non-Customizable Parts of the Product are owned by DQ Studios. The Product is protected by copyright and other intellectual property laws and treaties. Title to the Customizable Parts of the Product passes to the Customer upon shipment by DQ Studios. Nothing in this Agreement affects registered trademarks or trademarks of Adobe PhotoshopTM and Adobe LightroomTM or others related to the Product which are not owned by DQ Studios. The ownership of such trademarks not owned by DQ Studios remains the property of their respective owners.
3.5 Technical Support. DQ Studios may, from time to time and at any time, provide technical support for the Product, in its sole and absolute discretion. The Customer may have access to technical support for any part or the whole of the Product provided directly by a manufacturer. Contact DQ Studios by email at info@quikeys.com for details.
3.6 Comply with Laws. The Customer shall comply with all laws and regulations applicable to its use (including, but not limited to, the direct or indirect export or re-export) of the Product. This Agreement shall be interpreted under and governed by the federal laws of Canada. If any part of this Agreement is held to be invalid or unenforceable under any circumstance by any court of competent jurisdiction, its application in any other circumstances or jurisdictions and the remaining parts of this Agreement shall not be affected. Headings and section numbers used herein are for convenience of reference only and shall not affect the meaning or interpretation of this Agreement.
3.7 Termination. This Agreement is effective on the Customer clicking "I Accept" at the bottom of this page. This Agreement shall be automatically terminated immediately if the Customer fails to comply with any of its covenants or obligations under this Agreement.
3.8 Indemnity. The Customer hereby covenants to defend, indemnify and hold harmless DQ Studios, its subsidiaries and affiliates and all of their respective directors, shareholders, representatives, employees, successors, assigns and agents from and against any and all claims, proceedings, damages, liabilities, losses, costs, expenses, charges, judgments and causes of action relating to or arising from the Customer's use of the Product or the Customer's breach of any of its covenants and obligations under this Agreement. In no event shall DQ Studios or any other person or entity which has been involved in the creation, production, marketing or delivery of the Product be liable for any damages to the Customer or any other person or entity whatsoever directly or indirectly relating to the Product, including, but not limited to, consequential, incidental or special damages or damages for loss of profits, business interruption or loss of data, regardless of the form of action or legal theory under which the liability may be asserted, even if advised of the possibility or likelihood of such damages. If a court of competent jurisdiction determines that any damages are incapable of limitation, exclusion or restriction under applicable law, then the maximum liability of DQ Studios to the Customer shall be limited to the Purchase Price payable or paid by the Customer hereunder. The provisions in this section shall survive any termination of this Agreement.
4. NO WARRANTIES
4.1 No Warranties. THE PRODUCT AND ITS RELATED SERVICES AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE CUSTOMER OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR SYSTEM INTEGRATION, FUNCTIONALITY, OPERATIONAL CAPABILITY, INFORMATIONAL CONTENT OR ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT AND TITLE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH THE CUSTOMER. Should the Product be defective, the Customer (and not DQ Studios nor any of its directors, shareholders, subsidiaries or affiliates) shall assume the entire cost of all necessary servicing, repair or correction. The Customer covenants with DQ Studios that any efforts by DQ Studios to modify the Product or related services or documentation shall not be deemed a waiver of these limitations. Certain parts of the Product may have warranties provided by the original manufacturer, but not by DQ Studios or its affiliates.
4.2 Delivery. When the Product is delivered to the Customer, DQ Studios' liability to the Customer for breakage, damage, destruction and/or non-delivery of the Product by the carrier to the Customer will be limited by the limits of liability provided by the carrier's terms and conditions of carriage. The Customer may wish to purchase insurance from any such loss during carriage for the full insurable value of the Product, and such insurance shall be the Customer's sole responsibility and cost.
4.3 No Returns. There are NO RETURNS OR REFUNDS for all Product sold by DQ Studios. All sales are considered final.
4.4 Entire Agreement. This Agreement is the complete and exclusive agreement between the Customer and DQ Studios concerning the subject matter hereof which supersedes any prior verbal or written proposals, communications or agreement between the Customer and DQ Studios relating to the subject matter of this Agreement. No amendment to this Agreement shall be effective unless signed by a duly authorized representative of DQ Studios. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Product or any part thereof purchased from DQ Studios, this Agreement shall prevail.
