End User License Agreement for Ceetron Cloud
Last updated: November 1, 2015
This end user license agreement (“the Agreement”) sets out the standard terms governing your access to and use of the “Ceetron Cloud – One-Click-Sharing Portal” (https://cloud.ceetron.com) online service (“the Service”) provided by Ceetron AS, org. no. 912849430, (“Ceetron”).
By clicking the “I agree” button in this license agreement, you accept to enter into a legally binding agreement with Ceetron regarding your access to and use of the Service.
2. Description of the Service
The Service provides functionality that enables 3D visualization of models of engineering data (each, a “data model”) directly in a web browser interface, based on the data models that you upload to the Service. The Service requires no local installation of specific software on your computer.
The Service further enables you to share the 3D visualizations of your data models with other users of the Service, by use of a link that is created when you upload a data model.
The Service also offers support for embedding of interactive data models on any web page (Premium account feature, cf. clause 4).
The more detailed functionality of the Service is provided on an “as is” basis according to the available Service descriptions from Ceetron at any time, and you acknowledge that Ceetron may make changes to the functionality of the Service from time to time. You will be notified of any significant changes.
3. Your Use of the Service
Upon first use of the Service you will be required to register a user account and create a user name and password. A confirmation email will be sent to the email address you provided upon registration, for authentication of your user profile. You must complete the authentication process described in the confirmation email before you can start using the Service. You may also register using your Google, Facebook or LinkedIn account, in which case you have to share your basic information including email address from the site in question. Ceetron will not receive your credentials (username and password) when using this method.
To initiate a 3D visualization of a data model by use of the Service, you must upload a data model to the Service. Upload to the Service can be done directly from your home page on the Service or by using a defined “SendToCloud” button in certain products available from Ceetron AS, or from products from ISVs having the “SendToCloud” feature integrated. The following data models can be uploaded to the Service:
- Any CAE data model in the VTF/VTFx format
- Any data model uploaded from Ceetron products (Ceetron Export, Ceetron 3d Viewer, GLView Inova)
Ceetron has the right to delete data from the Service that are uploaded contrary to these requirements.
When a data model is uploaded, the Service creates a hyperlink which you can follow to see the 3D visualization of your data model.
If you want, you can share the hyperlink associated with a data model with an unlimited number of other users of the Service. The recipients of the hyperlink will then be able to see the same 3D visualization of your data model.
You will also have the option to set a Public status for a particular data model uploaded to the Service. The 3D visualization of such a data model will be available to the public. In such case, the 3D visualization of the data model in question will be visible on the front page of the Service web page and be accessible to the public.
4. User Levels
A «Free» account on the Service gives you the right to upload and store a maximum of 20 non-public data models in the Service, subject to a total storage capacity limitation of 2 GB, and an unlimited number of public data models, subject to a total storage capacity limitation of 20 GB.
If you would like to upload and store additional data models or increase your total storage capacity beyond the limitations applicable to the Free account, you may at any time choose to upgrade to a “Premium” account, subject to the applicable fees set out in clause 8.
A «Premium» account gives you the right to upload and store an unlimited number of non-public data models in the Service, subject to a total storage capacity limitation of 50 GB, and an unlimited number of public data models, subject to a total storage capacity limitation of 20 GB.
5. Data Uploaded to the Service
You and/or any applicable third parties retain all rights to the data that you upload to and store in the Service.
You warrant that you have all necessary rights or licenses to upload, use, exploit and sub-license the data that you upload to the Service as contemplated in the Agreement. When you upload data to the Service, you grant Ceetron and its sub-suppliers a limited license, for the term of the Agreement only, to process the data solely for the purpose of providing the Service to you in accordance with this Agreement.
You are fully responsible for the data that you upload to the Service, including for ensuring that the data do not violate applicable law or any third parties’ intellectual property rights.
Ceetron will have in place security systems aiming to ensure safe and secure storage of the data that you have uploaded to the Service. However, Ceetron cannot guarantee that incidents may not happen resulting in uploaded data getting lost, deleted, destroyed or going astray to unauthorized third parties. Ceetron will not be liable towards you, and you will have no claims against Ceetron, in such events. You should always ensure that you have your own appropriate back-up of the data which are uploaded to the Service.
All data (including any personal data) will be deleted from the Service at the latest 30 days after termination of the Agreement.
When changing from a Premium account back to a Free account, all models exceeding the limits of the free accounts will be set to “Dormant”. Dormant models will not be accessible for viewing, but can be edited (name, description, image and sharing level) and deleted. To move models from a Dormant state to a normal state, you either need to delete some models or buy a Premium subscription.
Old models will also be marked as Dormant if you upload models and thus exceed your current limits/quotas.
Ceetron reserves the right to delete any models that have been Dormant for more than 90 days.
6. Processing of Personal Data
When you register a user profile on the Service, you give your consent to Ceetron’s use, storing and processing of such personal data and any other of your personal data that may be stored in the Service, solely for the purpose of providing the Service to you in accordance with this Agreement. You also consent to Ceetron’s transfer of such personal data to Ceetron’s sub-suppliers to the extent necessary for Ceetron’s provision of the Service.
To the extent you upload data that contain any other individual’s personal data, you are responsible for ensuring that such individuals have given their consent to Ceetron’s use, storing and processing of such personal data as set out in the foregoing paragraph. If no such consent is given from such individuals, you shall refrain from uploading any personal data belonging to such individuals to the Service.
7. Term and Termination
The Agreement commences when Ceetron grants you access to the Service and lasts until the Agreement is terminated by either party upon 30 days prior written notice to the other party.
If you are on a current annual payment plan for a Premium account at the time of the termination of the Agreement, you will be refunded a proportional part of the prepaid annual fee for the rest of the annual period that you have paid for and which is left after expiry of the Agreement. Monthly payments will not be refunded.
Ceetron also has the right to terminate the Agreement with immediate effect upon written notice to you in the event of your material breach of the Agreement or if you have not used the Service for a consecutive period of 12 months. In such events, no prepaid fees will be refunded.
8. Fees and Payment
Registering a “Free” account on the Service is free of charge.
Two different payment plans are available for upgrades to a Premium account:
- A fee of EUR 9.90 per month
- A fee of EUR 99.00 per year
The payment plan you select when you order the Premium account applies to your use of the Service.
The fixed fees will be charged in advance.
Payment must be made by use of any of the standard payment solutions offered by Ceetron at any time.
9. Changes to the Agreement
Ceetron may change the terms of the Agreement, including but not limited to the Premium account rates, upon 90 days’ prior written notice by email.
If you do not accept the change in question, you may use your right according to clause 7 first paragraph to terminate the Agreement.
10. Intellectual Property Rights
Ceetron and Ceetron’s sub-suppliers, as applicable, retain all copyrights and other intellectual property rights to the software and technology which are used to provide the Service.
You are granted a limited license, for the term of the Agreement only, to use the functionality offered by the Service solely in the manner and for the purposes as contemplated in this Agreement.
11. System Availability
Ceetron will seek to make the Service available on an ongoing basis 24/7. However, you acknowledge that the Service may be unavailable occasionally, e.g. due to updates or maintenance.
You further acknowledge and accept that no particular system availability level is guaranteed and that you will have no claims against Ceetron in the event of unavailability of the Service.
12. Breach of Agreement and Liability
Ceetron is entitled to block your access to the Service with immediate effect in the event of default of payment of due Service fees, or in the event that you, in Ceetron’s reasonable opinion, have used the Service or uploaded data to the Service contrary to applicable law or the terms of the Agreement. Ceetron will give you written notice in the event that such blocking is implemented.
In the event of a party’s breach of the Agreement, the other party shall have the right to claim compensation for any direct, documented financial loss incurred due to the breach.
Ceetron’s total contractual liability during any 12 months’ period shall not exceed an amount equal to the total remuneration paid by you (if any) during the preceding 12 months’ period before the incident giving rise to the claim occurred. The limitation of liability does not apply in the event of gross negligence or wilful misconduct.
You will indemnify Ceetron from any claim that a third party raises against Ceetron or Ceetron’s sub-suppliers on the basis that data you have uploaded to the Service infringe a third party’s intellectual property rights. Ceetron will in such event notify you about the claim in question, giving you full information about the claim.
Ceetron may demand that you, at your own cost, handle the defence of the claim yourself, or that you provide Ceetron with reasonable assistance in their defence of the claim, according to Ceetron’s choice. In no event shall you enter into a settlement agreement or discuss settlement talks with the opposite party without a prior agreement with Ceetron.
The parties may be able to access the other party’s confidential information in the course of the Agreement. The parties are obliged to maintain confidentiality about such information.
The parties may not use confidential information for other purposes than fulfilling this Agreement. To the extent necessary for this purpose, Ceetron may share your confidential information with Ceetron’s sub-suppliers.
15. Choice of Law and Jurisdiction
This Agreement is governed by Norwegian law. The parties agree on Sør-Trøndelag District Court as the agreed legal venue.