Legal

General Terms and Conditions of Use

Last updated May 1, 2018

These terms govern your use of the Arcana Development, LLC ("Arcana Development") web site and any communication with us by e-mail or other means. By using this site, communicating with us, or purchasing from us you indicate your acceptance of these terms and policies.

Governing Law

Use of this web site and purchase of goods or services from Arcana Development shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Except for equitable relief sought by Arcana Development, which may be sought in any court of competent jurisdiction, customer consents to the exclusive jurisdiction of the State and Federal courts located in Virginia.

Copyright

The material on this site is protected under the laws of the United States and various international laws and treaties. No portion of this Web site or the material contained on it may be reproduced in any form or by any means without prior written permission from Arcana Development.

Trademarks

Microsoft, Windows, Windows NT, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.

All other names are used for identification purposes only and may be trademarks or registered trademarks of their respective companies.

Disclaimer of Warranty

All services and content (including documents and software) available on or through this site are provided "as is," and Arcana Development expressly disclaims all warranties express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose or arising from a course of dealing, usage, or trade practice. Arcana Development makes no warranties or representations regarding the accuracy or completeness of the information.

In no event shall Arcana Development or its licensors be liable to a licensee or a third party for any indirect, special, or consequential damages, including lost profits, lost data, and the like arising out of or in connection with this agreement, even if Arcana Development has been advised of the possibility of such damages.

Feedback and Other Submissions

Any suggestions, comments, enhancement requests, or other information submitted to Arcana Development through this web site or our e-mail system shall be deemed to be non-confidential and become the property of Arcana Development. Arcana Development is free to use this information in any way it sees fit, without any compensation or responsibility to you. For example, your suggestions may become part of current or future products or services.

Terms Governing Purchases from Arcana Development

Any agreement for the purchase of goods and/or services from Arcana Development shall be governed by and is made subject to these terms and conditions. These terms apply to all purchases from Arcana Development, whether the purchase is made using our online ordering system or by mailing or faxing to us any other purchasing instrument (such as a purchase order).

Taxes and Duties

Arcana Development is located in New Mexico in the United States. We collect gross receipts tax for customers within New Mexico only. Customers in other states are responsible for reporting and paying any applicable sales tax as required by laws in their states. Customers outside the United States are responsible for any taxes, duties, or fees required by national or local law.

Software License Agreements

Installation and use of software published by Arcana Development is subject to the terms of the license agreement for the product. If you are purchasing a software license for use by you or your organization, you indicate that you accept the terms of the applicable license agreement(s), and that you have the authority to do so. If you are purchasing a software license on behalf of another person or organization, you must inform them of the applicable license agreement(s), and they must agree to the agreement(s) before installing or using the software. See the following pages for more information on the software licenses, or to view the software license agreement:

Purchases by Credit Card

By using a credit card to purchase from Arcana Development you agree to pay the credit card charge(s) in accordance with your cardholder agreement. If you dispute a credit card charge from Arcana Development that is subsequently proved to be a valid charge you agree to reimburse Arcana Development for all chargeback fees and recovery fees incurred by Arcana Development, to the maximum extent allowed by law.

Purchases by Purchase Order

By submitting a purchase order to Arcana Development you agree to the terms listed on the order information page. You agree that your purchase order represents a legal obligation to Arcana Development and agree to reimburse Arcana Development for all expenses incurred in collecting overdue payments, to the maximum extent allowed by law.

Returns and Exchanges

Arcana Development provides fully-functional evaluation versions of our software. Please take advantage of this and evaluate the software thoroughly to determine that it meets your needs before you make your purchase.

Returns or exchanges may be offered, at our sole discretion, for licenses that have not yet been used to activate software.

Privacy Policy

Last updated May 1, 2018

This Privacy Policy explains how Arcana Development uses, shares, and protects the personally identifiable information that we collect about you (Personal Information) and the choices you have about this. By visiting or using our Web Site, you agree to this Privacy Policy.

What We Collect

We collect a variety of information about our visitors, and/or customers (collectively and individually, you).

Information Collected Automatically

Whenever you visit our Web Site, we automatically collect information about you:

How you use our Web Site and the device you use to do so. For example: your IP address, the type of operating system and web browser you use, and your activities on our Web Site, such as the pages you visit.
What files you download.
You transactions with us. For example, purchases made through our online store.

Information You Provide to Us

If you provide us with Personal Information by filling out a form, registering for an account, making a purchase, or contacting us, we collect that Personal Information. For example, if you register for an account on our Web Site, we collect your name, e-mail address, password, and telephone number.
When you make a purchase from us, we collect name, address, e-mail, and telephone information.
When you activate a license for your software, we collect information about the computer where the software is installed, and the contact details for the person responsible for administering the license.
You may choose to opt in to our software usage reporting program. In this case we collect information about how the software is used, and errors encountered.
You may choose to opt in to use an automated or on-demand diagnostic log submission feature in our software. In this case we may collect detailed, non-anonymized diagnostic information for purposes of resolving issues that you encounter. These log files may contain Personal Information about you or other users of the software.

Credit Card and Payment Information

We use Authorize.Net to process credit card payments. Your credit card information is communicated directly from your browser to Authorize.Net and does not pass through our computer systems. We never have access to your credit card details.

How We Use Your Information

We use information that we collect about you for the following purposes:

To process orders submitted by you, and to bill you for purchases.
To maintain and improve our Services, including personalizing your experience and ensuring content is presented in the most effective manner for you.
To give you information, products, and services that you request, and other transactional or administrative updates.
To inform you of software updates, expiring subscriptions, or other announcements related to the software you license.
To administer your account.
To inform you about products and services that we offer and that are similar to those you have already purchased or enquired about.
To notify you about changes to our services, the Web Site or our Terms of Use and this Privacy Policy.
As part of our efforts to keep the site safe and secure.
To measure or analyze the effectiveness of advertising we serve to you and others, and to make our future marketing efforts and those of third parties more effective.
To administer our services and for internal operations, including troubleshooting, data analysis, research, testing, statistical, and survey purposes.
To understand how our web site or software is used.
To collect information on problems encountered in the software.
To send you newsletters and other information you request.

Privacy of your Application Data

Our software may locally store sensitive information based on your configuration and usage, including user IDs and passwords. This information is generally not transmitted from your computers to Arcana Development. For more information see adTempus Data Security and Report Commander Data Security.

Google Analytics

We use Google Analytics to track and analyze traffic and usage on the Arcana Development Web site, using the information that we gather automatically. View the Google Analytics privacy policy.

Discussion Forums

The Web Site includes publicly-accessible discussion forums. Any information that you post in the forums becomes public information and is not within our control or subject to this privacy policy. You should always be careful when disclosing personal information in a public forum.

Choice/Opt-Out

Our site and/or software provides opportunities for users to opt in to optional communications, such as newsletters. Any such communication you receive from Arcana Development will contain instructions for opting out of future mailings. You may also contact us at any time by e-mail at [email protected] or change your subscription preferences here.

Regardless of your preferences, some communications are sent to you automatically as part of providing the services you have requested. For example, we may send you notifications for expiring subscriptions, for software updates that you are eligible for, or announcements about urgent software issues such as security flaws. Such communications may be sent to you as long as you are listed in our license management system as a contact person for a license.

Cookies

Our Web site uses "cookies" and files that are similar to cookies. These files are used for many purposes, including keeping track of who you are (for example, allowing you to use the site without logging in every time), remembering your preferences, and generally improving your user experience.

By using the Web Site, you are agreeing to our use of cookies as described in this policy.

What are Cookies?

Cookies are text files containing small amounts of information that are downloaded to your personal computer, mobile or other device when you visit a Web site. Cookies are then sent back to the originating Web Site on each subsequent visit. Cookies are useful because they allow a Web Site to recognize a user's device.

You can find more information about cookies at allaboutcookies.org and youronlinechoices.eu.

How Do We Use Cookies?

The following sections explain how we use cookies.

Necessary Cookies

Some cookies are required in order to enable you to move around the Web Site and use its features, such as accessing secure areas of the Web Site. Without these cookies, services you have asked for cannot be provided.

Performance Cookies

These cookies collect information about how visitors use the Web Site, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Web Site works.

Functional Cookies

These cookies allow the Web Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts, and other parts of Web pages that you can customize. They may also be used to provide services you have asked for.

Third-Party Cookies

Our Web Site may use third-party analytic and advertising services, and these services may use cookies to identify you. Arcana Development does not have access to or control over such cookies.

How to Manage Cookies

Your Web browser (and available browser extensions) provide functions for reviewing, removing, or blocking all or selected cookies. Note that blocking cookies from www.arcanadev.com will prevent some parts of the site from working correctly.

Correct/Update

You may contact us by e-mail at [email protected] to update your personal information.

Contacting Us

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us by e-mail at [email protected] or through one of the methods described on the contact information page.

Changes to This Policy

We may revise this policy from time to time by posting a revised policy on our Web Site. We reserve the right to modify this policy at any time, so please review it frequently.