1.WARNING:
In order to download and/or use the SOFTWARE YOU must first accept this Agreement. IF YOU fail to accept this agreement, YOU cannot use the SOFTWARE. In the case where you fail to understand any of the agreement conditions or do not agree with any clause of this agreement, do not install the product to your computer or system, do not use, copy or possess a copy of the whole or part of this software.
2.DEFINITIONS:
Whenever used in this Agreement, the following terms shall have the following meanings respectively, unless otherwise specified “SESTEK” means SESTEK Ses ve İletişim Bilgisayar Teknolojileri San.Tic. A.Ş. “SOFTWARE” means the ………………………………. SOFTWARE owned and developed by SESTEK, associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and accompanying programming methods or system, their source codes, which are usable in software development in full or half compiled form, examples of computer codes, which might be added in a non-compiled form to be a model in software development, audio-visual, written information, data, documents any information and statistical data arising of their examination and use, referring their performance and details,
“USER” means the signatory of this Agreement who is the end user of the SOFTWARE which can be real person or legal entity, who is able to store data temporarily and/or permanently, to use SOFTWARE on a computer or remote access system personally or in corporation, private or public, in or out of the country, representing himself as a person or a group, organization, institution or entity.
This license granted to USER for the SOFTWARE is limited to a non-transferable license to use the Software. This license does not allow USER to distribute the SOFTWARE. USER may not rent, lease, lend, sell, export, re-export, redistribute or sublicense the SOFTWARE. USER may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SOFTWARE. USER shall not disclose, understand, intervene in the operation, operation stages of the whole or part of the SOFTWARE, or any additional part or hardware functioning through the operation of the SOFTWARE, the technics and technology used in its operation, interfere with the nature and /or quantity of compiled or half compiled source codes, disclose or examine their manner of operation or collaborate with others with the same purposes for any reasons whatsoever. Any attempt to do so is a violation of the rights of SESTEK. If USER breaches this restriction, USER may be subject to prosecution and damages. SOFTWARE or its use obtained, used or possessed without the hardware key and/or software password key is illegal and also considered as a crime.
The terms of the license will govern any free upgrades unless such free upgrade is accompanied by a separate license in which case the terms of that license will govern.
USER shall not disclose, understand, intervene in the operation, operation stages of the whole or part of the SOFTWARE, or any additional part or hardware functioning through the operation of the SOFTWARE, the technics and technology used in its operation, interfere with the nature and /or quantity of compiled or half compiled source codes, disclose or examine their manner of operation or collaborate with others with the same purposes for any reasons whatsoever.
SESTEK pays maximum attention required for the flawless implementation of the software and to ideally fulfill the functions identified in the Technical Documentation of software provided in printed and/or digital mediums. USER agrees that;
Except for the express warranties, referred in this article, SESTEK makes no other warranties relating to the software, express or implied. The software is provided "as is" and “as available”, with all faults and without warranty of any kind, and SESTEK hereby disclaims and excludes any and all implied or statutory warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose
5.LIMITATION OF LIABILITY
User agrees that;
To the extent not prohibited by law, in no event other than willful misconduct of SESTEK, shall SESTEK be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of the software in no event SESTEK shall be liable for damages of any kind that results from usage, implementation and installation of software. SESTEK's total liability to you for all damages under any circumstance cannot exceed the license fee.
The license is effective until terminated by USER or SESTEK or by the end of the term if the license is given for a certain period of time. This license will terminate automatically without notice by SESTEK if USER fails to comply with any term(s) of this license. Upon termination of the license, USER shall cease all use of the SOFTWARE and destroy all copies, full or partial, of the SOFTWARE.
7.GOVERNING LAW AND DISPUTE REGULATION
This Undertaking shall be governed by and construed in accordance with laws of Turkey without reference to conflict of law principles Istanbul Central courts shall have exclusive jurisdiction
IN WITNESS WHEREOF, this Undertaking executed and entered into effect on setup date.