the title says all
I can publish my game made in 3DGamestudio in the WIN8 APP STORE?

Most probably not, as a 3DGamestudio programm is not an App.
However, i don't see a restriction from Conitec on how to sell your software.
So Microsoft seems to be the only one here blocking you.

imo you can sell any product made with 3dgs.

I think that to publish in App stores you need to convert your code to the native readable format and gear your game for the platforms you want them to play on.
Other wise you can use a browser based format to publish to any platform that supports browsers.