All users accessing this site are encouraged to carefully review these terms of the Subscription Agreement before using or accessing the services being offered through this site. Any user who continues to use this website and/or avails himself/herself/its self of the services being offered on the website shall be deemed to have accepted the terms of the Subscription Agreement without any modification/ qualification of the same.
If you do not agree or accept the terms of the Subscription Agreement, please do not use the site. If for any reason you are unable to meet all the conditions set forth under this agreement, or that if you breach any of the terms of the Subscription Agreement herein, your authorization to use this site or access to any of the Software or Services offered under it will immediately be revoked.
Paramach reserves the right to modify or change the terms of the Subscription Agreement without giving prior notice. We shall, however, endeavor to post the most current version of the Subscription Agreement on an easily accessible part of this site, and your use of this site is subject to the most current and/or updated version of the terms of the Subscription Agreement at the time of access or use of this site or Service.
We will make our Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by you. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL. THEREFORE YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.
We shall make the Purchased Services available to you pursuant to this Agreement and the relevant Order Forms during a subscription term. You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
Unless otherwise specified in the applicable Order Form, (a) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (b) additional User subscriptions may be added during the subscription term at the same pricing as that for the pre-existing subscriptions, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (c) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Paramach will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
If a Subscription to use the Web-based applications, software or service was obtained through or in accordance with Paramach’s Educational plan, grant, schedule or program, it may not be used by anyone including you, to conduct any computer aided design, computer aided drafting, computer aided machining, or training activities that directly or indirectly generate or otherwise result in monetary revenues for the benefit of any individual or entity, other than the school that originally subscribed to use the software.
Paramach grants the subscriber a non-exclusive, non-transferable worldwide right to use its Web-based applications and Software Service, subject to the terms and conditions of this Subscription Agreement. The subscribers as well do agree not to infringe on proprietary as well as the intellectual property of third parties with whom we have a partnership with, and this will also involve abiding with the terms of license agreements that are applicable thereto.
You may not access the web-based application or software if you are a direct competitor of Paramach, except with prior written consent from Paramach.
You acknowledge that you must provide for your own access to the World Wide Web and to meet the costs associated with the service, as well as procuring all equipment that are necessary in order to access the service, including but not limited to a computer and a modem. You shall also be responsible for the maintenance of such equipment.
Subscribers may provide password access to such users as they will have paid for in order for such users to access the information and perform various tasks as instructed by the subscribers which include but not limited to sharing files, managing files, uploading files, or any other lawful tasks that the subscriber may prescribe. Paramach may, without notice or liability, add, discontinue or revise any aspect, mode or design of the system which include but not limited to the scope of service, time of service, or to the application, software and hardware required for access into the system.
The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords including charges for such activities, as well as unauthorized use.
The subscriber will ensure that any information entered into our system shall be accurate, reliable and complete. Whereas Paramach shall take reasonable efforts to ensure the accurateness of material entered into the system, the mere posting of that information does constitute neither endorsement nor warranty as to the accuracy, timeliness, materiality, completeness or reliability of such materials.
Terms Of Usage
During the subsistence of the agreement to use or access our services, the subscriber(s) agree to use our services for the purposes that they were intended and to the extent that the services have been paid for, or have been granted a Free Trial.
Paramach has both the proprietary rights as well as the intellectual property rights that are contained in the hardware, Web-based application and software that make up the system. The technical procedures, processes, concepts and methods of operation that are inherent within the software constitute trade secrets. The usage by subscribers or users of our software does not constitute sale or transfer of any of our rights in the application or software to such subscribers or users. Without any prejudice to the foregoing, any personal information or data entered into the system by the subscriber or otherwise provided for entering into the system on the subscribers behalf shall at all material times remain the property of the subscriber.
The the subscriber or user will not make copies of the software, or otherwise cause to be made such copies and will also take all reasonable steps to forestall any unauthorized copying, or to disclose to any third party any trade secrets that the subscriber may have come across whilst using the Software, Applications or services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any of the Software or Applications associated with the service or website.
Should any subscriber wish to Suspend or Cancel their subscription, he/she, can do so at any time. Active subscribers are paid up until the end of the billing month so the Subscriber will not be Deactivated or Cancelled immediately, just marked “Deactivation or Cancellation Pending”. At the end of the billing period, such subscribers will then be Deactivated or Cancelled immediately. We do not offer refunds, and we do not pro-rate for partial months.
The subscribers or users are to access the Web-based Applications, Software and information stored in the system only for lawful purposes and are not to use such Software or information for the purpose of committing or furthering fraudulent acts or commit such acts that would give rise to both or either civil and criminal liability.
The subscriber agrees not to provide or enter such information that can be regarded as libelous, malicious, profane, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user or subscriber shall use any means to restrict or prevent another subscriber from accessing or enjoying the service.
No subscriber or user shall have the permission to submit or post any unsolicited, unauthorized or annoying material to other persons through the use of the service, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation.
That no subscriber shall be permitted to upload material into the system that he ought to know that it seriously infringes on the intellectual properties of other people, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment.
The subscriber may not lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Paramach in a manner that is inconsistent with our intellectual property rights over the software.
Paramach will endeavor to continuously improve its software for better usage by the subscribers. As such we may remotely update any version of our software with or without a prior notice to the subscribers or users. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the subscribers interface. The updated version will be subject to the current terms of service and any other additional terms that may also be included in the current terms with or without notice. Paramach may send emails to subscribers explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.
If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through designated feedback areas of the site or sending comments to firstname.lastname@example.org your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (a) the Site, (b) the Subscription Agreement, (c) any policy or practice of Paramach in operating the Site, or (d) any content or information transmitted through the Site, is to terminate your usage of the Site or Service and close your account.
By sending us any ideas, suggestions, documents and/or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Disclaimer of Consequential Damages and Limitations of liability
The subscribers and their users hereby agrees to release, remise and forever discharge Paramach and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with his/her/its use of the Paramach’ Web-based applications, software or service to the extent that such release is not prohibited by applicable law. If the subscriber is dissatisfied with the service or finds any part of these terms of the Subscription Agreement unacceptable, then such a subscriber may choose to discontinue using the services offered through our website.
IN NO EVENT WHATSOEVER WILL PARAMACH, OR ITS EMPLOYEES, SHAREHOLDERS, DISTRIBUTORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SUBSCRIPTION AGREEMENT OR THE USE OF THE WEB-BASED APPLICATIONS OR SOFTWARE, EVEN IF PARAMACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL DAMAGES SHALL INCLUDE, WITHOUT LIMITATION, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND LOSS OF OR DAMAGE TO ANY TOOLS, FIXTURES, MACHINERY OR PRODUCTS THAT THE SOFTWARE IS USED IN CONJUNCTION WITH.
THIS DISCLAIMER SHALL REMAIN IN FULL FORCE AND EFFECT, EVEN IN THE EVENT THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE.
PARAMACH’S ENTIRE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS SUBSCRIPTION AGREEMENT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY YOU FOR THE USE OF SOFTWARE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
The disclaimers and restrictions set forth above shall apply regardless of the nature of your claims, be they based in contract, warranty, tort, strict liability or otherwise.
Except in the manner provided for in the terms of the Subscription Agreement, a subscriber is not entitled to any warranty that the service provided by the websites will meet the subscribers requirements and expectations, or that the services will be uninterrupted, flawless, timely, accurate, reliable, secure or error free or that the website will be free of viruses or other harmful elements, or that the errors in the software will be corrected.
Termination of Service
The agreement with the subscribers is for access to use our Web-based applications and Software on a monthly or yearly basis, and may continue on such basis until the agreement has been terminated by either party. The following are the ways in which the agreement between the subscriber and Paramach may be terminated.
1) We receive a written notice from the Subscriber in which a wish to be no longer bound by these Terms and Conditions can be deduced.
2) We issue notice to any party to the effect that that party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
3) Upon any party being adjudged bankrupt or having a receiving order being made against him/her/it.
4) In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
5) Upon us giving a 15 day notice terminating the agreement to any party and such notice will be effective upon the expiration of the 15 days.
Credit Card Information
Disclosure of Information
While we acknowledge that the confidentiality of any information stored into our system must be maintained at all costs, we may, upon special circumstances have to disclose information about subscribers in any of the following circumstances.
1) Fraud prevention and law enforcement;
2) To comply with any legal, governmental or regulatory requirement;
3) Our lawyers in connection with any legal proceedings;
Third Party Links and Content
This website may contain links to other websites provided by third parties. Such sites are completely independent to this site and as we have no control over them, we accept no liability in respect of the Subscribers use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this site, and neither do we endorse any of these sites or their products and services. Should the subscriber or user elect or enter into a binding contract with any of this site, we are not involved in any way and therefore we will not be liable in contract or otherwise for any injury, loss or damage suffered as a result of the subscriber or user accepting or offering to accept any products or service that are available from those sites.
Authorization to Export Data
The subscriber and the user acknowledges that we have the sole discretion to keep a copy of his/her/its transactional information gathered through the use of this website and other information uploaded on the subscribers account outside the United Kingdom. We however shall not share such information with anyone except in the manner provided elsewhere in the terms of the Subscription Agreement.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its unrealistic control, including but not limited to, acts of God, earthquake, embargo, labor disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
All provisions of these the terms of the Subscription Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Service or Subscription Agreement should be determined to be unenforceable because they have been held to be invalid, illegal, void or unlawful for any reason by any court of competent jurisdiction then such Term of Service shall be considered pro-non scripto, and shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms of the Subscription Agreement shall survive and remain in full force and effect and continue to be binding and enforceable.
This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws applicable in the United Kingdom without any regard to a conflict of laws provision, and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of the United Kingdom.
The following terms shall have the following meaning throughout the Subscription Agreement.
1) “System“, “Services” shall refer to the Web-based applications, Software and platform provided by Paramach or its affiliates and shall include the software or server running such platform as well as content or Service that you purchased, or have access to through a Free Trial.
2) “User(s)”,” Subscriber(s)” means you, or individuals who are authorized by you, to use the Services, for whom subscriptions to a service have been purchased, or granted use of through a Free Trial, and who have been supplied user identifications and passwords by you (or by us at your request). Users may include but are not limited to, your employees, consultants and agents, or third parties with which you transact business.
3) “Paramach“, “We“, “Us” shall refer to Paramach Ltd, its employees and all its affiliates.
4) “You” and “Your” shall refer to any person, Company or other legal entity for which you are accepting this agreement and affiliates of that company or entity, who visits this site for legitimate purposes.
5) “Beta Service” refers to the pre-commercial release of Service or Software for the purpose of testing and evaluation.
6) “Applicable law” refers to the law currently in force in the United Kingdom and which shall govern this agreement.
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