Terms and Conditions
Company: QXR Software L.L.C.
Effective Date: September 2024
A note from the founder (non-binding): QXR is built around the idea that customers should receive lasting value for the software they support. Where a product or campaign tier includes a lifetime key, that benefit will be described in the product or fundraiser terms for that offer. This note is meant to explain the spirit of the studio; the formal license, purchase, refund, and subscription terms below control the legal agreement.
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and QXR Software L.L.C. ("Company," "we," "us," or "our"). These Terms govern your access to and use of our website, as well as any software, products, applications, or services we offer (collectively, the "Software").
By accessing the website or purchasing, downloading, or using our Software, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree, you must discontinue use immediately.
2. Software Categories & Licensing
QXR Software L.L.C. provides various types of software. Your rights and restrictions depend on the specific type of Software you are accessing:
A. Proprietary & Commercial Software (Sold or Licensed)
For Software that is sold or licensed to you as closed-source, proprietary products, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software for your personal or internal business purposes, strictly in accordance with the specific license tier you purchased.
Restrictions: You may not (i) copy, modify, or create derivative works of the Software; (ii) distribute, sell, sublicense, or lease the Software to any third party; (iii) reverse engineer, decompile, or disassemble the Software; or (iv) use the Software for any illegal or unauthorized purpose.
B. Open Source Software
Certain Software (or components within our Software) may be released or distributed under an Open Source Initiative (OSI) approved license (e.g., MIT, GPL, Apache).
Open Source Terms: To the extent that any Software is provided under an open-source license, the terms of that specific open-source license shall apply to that Software and will override these general Terms where there is a direct conflict regarding usage, modification, and distribution rights.
3. Purchases, Payments, and Refunds
Transactions: If you purchase Software from us, you agree to provide current, complete, and accurate purchase and account information. We may use third-party payment processors, and you agree to their terms regarding payment processing.
Delivery: Upon successful payment, digital Software will be made available for download or access via license key.
Refund Policy: All sales of digital software are final and non-refundable once the license key has been activated or the software downloaded, except as required by law.
4. Intellectual Property Rights
Unless otherwise indicated (such as in the case of third-party open-source components), the Software, website, and all source code, databases, functionality, software designs, audio, video, text, photographs, and graphics therein (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by QXR Software L.L.C. and are protected by copyright and trademark laws.
5. Privacy
We care about data privacy and security. The collection, use, and handling of your personal information are governed by our separate Privacy Policy. By using the Software, you agree to the terms of our Privacy Policy. Distinct privacy rules or telemetry data collection policies may apply depending on whether the software is open-source or commercial; these will be clearly outlined in our separate Privacy documentation.
Cookies and similar technologies. Where permitted by law, we may use cookies and similar technologies that are limited to our own website and services—for example, to keep you signed in, to remember your shopping cart, and to understand aggregate use of our site and storefront in support of security, operations, and product improvement. We do not use those technologies to run third-party behavioral advertising across other companies’ sites. Further detail, including how you may exercise applicable choices, is provided in our Privacy Policy.
6. User Representations and Acceptable Use
By using our Software, you represent and warrant that:
You have the legal capacity to agree to these Terms.
You will not access the Software through automated or non-human means (e.g., bots, scripts) unless explicitly permitted via an API provided by us.
You will not use the Software for any illegal, harmful, or unauthorized purpose.
Your use of the Software will not violate any applicable law or regulation.
7. Disclaimer of Warranties
THE SOFTWARE AND WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SOFTWARE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QXR SOFTWARE L.L.C. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
IN NO EVENT WILL QXR SOFTWARE L.L.C., OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(Note: Some jurisdictions do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some of the above disclaimers may not apply.)
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Software or breach of these Terms.
10. Governing Law
These Terms shall be governed by the laws of the State of Wisconsin, United States, without regard to conflict-of-law principles. Any required venue or dispute forum will be determined under applicable Wisconsin law and any product-specific or counsel-approved terms then in effect.
11. Modifications to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates.
12. Contact Us
In order to resolve a complaint regarding the Software or to receive further information regarding the use of the Software, please contact us at:
QXR Software L.L.C.
Operating from Milwaukee, Wisconsin
Registered mailing address: 2800 E Enterprise Ave STE 333, Appleton, WI 54913
legal@qxrsoftware.com