Terms And Conditions
, a cloud based CAM application from Machining Software Pvt. Ltd., Pune, India. (Henceforth referred to as MSPL in this document.)
Please read through following Terms and conditions, before signing-up and/or using OnCreate3D cloud app
Intellectual Property Rights
The Software is an intellectual property of MSPL. All associated intellectual property rights, including, and not limited to, worldwide patent(s), trademark, copyright and trade secret rights, are owned and reserved by MSPL. MSPL retains all rights, title and interest in and copyrights to the Software, regardless of the form or media in or on which the original Cloud Service or other mirror sites may subsequently exist. This Software subscription Agreement does not constitute a sale of the Software and no title or proprietary rights to the Software are transferred to you hereby.
OnCreate3D Software Subscription Agreement
By providing your email ID and password you have requested for OnCreate3D software subscription. MSPL hereby grants to you a non-exclusive, non-transferable license to access MSPL’s OnCreate3D CAM app hosted on cloud service of MSPL’s choice. You may use the Software solely for your internal business purposes. This is not a sale; you do not obtain any rights to this Software except as expressly set forth in this Subscription agreement. You do not have the right to sell, sub-license or otherwise provide this Software to any third party. The Software on cloud service, any time to time updates to the Software on cloud service and the Documentation in printed or electronic form shall hereinafter collectively be referred to as the “Software” and are all governed by this Subscription Agreement.
Restrictions on software Subscription
You shall not copy or modify the Software; OR create a derivative work from the Software or any part thereof; OR de-compile or translate, disassemble, create or attempt to create, by reverse engineering or otherwise, the source code form of the Software from the executable code of the Software; Any attempt to do so shall result in automatic termination of this License without prejudice to all other legal rights and remedies of MSPL.
Confidentiality while using OnCreate3D
With your email and password, you are provided with an account with storage area to upload your projects and store created toolpaths. This storage can be accessed only by providing email and password. MSPL requests you not to share this email and password to others. MSPL will never share your data to any other user or any outsider. MSPL will try to keep your data safe and confidential. You acknowledge that OnCreate3D Software contains proprietary trade secrets of MSPL and you hereby agree to maintain the confidentiality of the Software. You agree to promptly communicate the terms and conditions of this Software Subcription Agreement to those persons employed by you who come into contact with the Software. You are responsible in the event of a breach of confidentiality by any of your employees or agents.
MSPL warrants that the cloud service on which OnCreate3D is deployed and maintained is free of malwares, software viruses AND make every effort to keep it so. But MSPL does not take any responsibility of loss of data on storage, downloads and activations of malwares and software viruses, and corruptions of other software programs including operating systems, on PCs, laptops, smart phones, tablets and any other devices used for accessing OnCreate3D cloud services.
Disclaimer of Consequential Damages and Limitation of Liability
In no event whatsoever will MSPL, or its Directors or employees, be liable to you for any direct, indirect, or consequential damages arising out of or in connection with this software subscription agreement or the use of the software. Consequential damages shall include, without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, and loss of or damage to any products that the software is used in conjunction with.
You shall indemnify and hold harmless MSPL, its officers, directors, employees (the “Indemnified Parties”) from and against all losses, settlements, claims, actions, suits, proceedings, judgments, awards, damages, liabilities, costs and expenses including, without limitation, reasonable attorneys’ fees (collectively “Losses”) which arise out of or are related to any breach of this Software Subscription Agreement by you or your employees, agents, authorized representatives, and shall reimburse the Indemnified Parties for any and all legal, accounting and other fees, costs and expenses reasonably incurred by any of them in connection with investigating, mitigating or defending any such Losses.
Termination & Survival
This Software subscription Agreement is effective until terminated. You may terminate this Software Subscription Agreement at any time by requesting to delete your account with MSPL. You can write to
for sending the request. In future you can delete your account yourself when such feature is provided on OnCreate3D cloud service. It will be your responsibility to delete all your important data on storage provided to you with your account, before sending request to MSPL. All provisions of this Software Subscription Agreement relating to confidentiality, non-disclosure, MSPL’s proprietary rights, disclaimers, and limits of liability or indemnification by Customer shall survive termination of this Subcription for any reason.
This Software subscription Agreement shall be governed by and construed in accordance with the laws of the Govt. of India.
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