DECE Yazilim A.S./DECE Software Inc., (hereinafter referred to as DECE) License Agreement
Please carefully read the 'License Agreement' below. By selecting the 'Print' option at the end of the agreement, you can have a printout of this license agreement from your printer. DECE Software makes the GEODI License available to you on the condition that you agree to all terms of this license agreement as well as the additional and special license conditions of this agreement. If you agree to comply with all terms and conditions of this license agreement, click on the 'I Agree' button and install the software. Otherwise, the software will not be installed.
If you do not agree to all terms and conditions of this license agreement, please click 'I do not agree'. In this case, you have to return the software and documents delivered to you as well as the key, if any, to the vendor company within '7' days. You can get back the money you paid minus any costs, if any.
If you use the software, this indicates that you have agreed to comply with the terms and conditions set forth herein. The duplication or use of this software or documentation except in cases permitted by this agreement shall be considered unauthorized use and a violation of copyrights according to the laws of the Republic of Turkey. If you use or duplicate this software or documentation without the consent of DECE, this means you have violated the law. In this case, you may be obliged to pay compensation to DECE and may be imposed a penalty. DECE is authorized to track and find the IP numbers of users that use this software without authorization and violate legal rights. By agreeing to this Software License Agreement as a User, you consent to IP tracking by DECE for this purpose.
1. Grant of License
DECE hereby grants you a non-exclusive and non-transferable license to use a copy of the GEODI program ("software") and the "online" electronic documentation ("documentation") with the hardware that belongs to you or is under your control, in accordance with the terms and conditions of this license agreement.
Desktop Version:
The GEODI desktop version license allows a single user to install the software on a single computer and use it at any time in a given place. The software requires activation on the Internet. Installation of the purchased version on a different computer requires reactivation, which cancels the previous activations. The number of activations is limited to 5. DECE may increase this number if the user can provide a reasonable explanation and may charge an extra fee whenever it deems necessary.
Server Version:
GEODI Server version license is designed to provide services to a certain number of users simultaneously. The server version is installed into a single machine, and requires activation on the Internet. Installation of the purchased version into a different machine requires reactivation, and cancels the previous activations. The number of activations is limited to 5. DECE may increase this number if the user can make a reasonable explanation, and may charge an extra fee whenever it deems necessary. Users of the server version shall use the software on a web browser by entering their user name and passwords. Users more than the number specified in the server license may not be defined, and more than one user may not use the software simultaneously with the same user name and password.
You may not use server version for for Cloud Service (SaaS) or to serve different companies or for services which is open to public. In order to use for these purposes DECE approvel is required. DECE may demandextra payment.
Mobile Version:
The GEODI Server version license must also be purchased for the GEODI Mobile version. With the GEODI Mobile version license, the user may define as many devices as the number of mobile users for which the license has been purchased. Defining more devices than this number shall be considered a violation of the license.
Trial/Demo Version:
If this software is named as a demo version, trial version, or not-for-sale version, you may use it only for commercial assessment and demonstration purposes. You may not use it for commercial, professional, or revenue-generating purposes. Otherwise, you shall pay the seller compensation equal to twice the price of the software and any losses incurred.
Term of License:
Being subject to the terms and conditions of this agreement, the term of the license to use this software is perpetual unless it is stated that the software has been granted with a fixed-term license, limited-term license, or lease license.
2. Restrictions
You may not:
2.1. Duplicate or use the software and the documentation except in cases permitted by this agreement;
2.2. Reverse engineer, decompile, or disassemble this software to obtain the information that is required to ensure the use of an independently-developed program with the software or another program, and that cannot be obtained from other sources easily, except in cases permitted by law on the grounds that it is inevitable. If such information can be obtained by purchasing the GEODI software development kit license, you may not decompile the software;
2.3. Distribute, lease, lend, sell, grant, or donate the software, documentation, and/or all or a part of the rights granted to you by this license agreement to any person, institution, or organization in return for a consideration or free of charge, or publish them, sublicense them, otherwise transfer them for a certain or an indefinite period, or make them available to the public without the prior written consent of DECE;
2.4. Install or use this software on the Internet or another wide area network, including but not limited to use with a web host or a similar service;
2.5. Partially or wholly modify, alter, remove, delete, make invisible, or make additions to any ownership notice, label, marking, or inscription in the software or the documentation due to any reason and under any circumstances;
2.6. Partially or wholly alter, translate, adapt the software and the documentation due to any reason, create works inspired by the software and the documentation, or use a part or whole of them excluding those for which permission is granted;
2.7. Use any hardware, device, software, or another method that may eliminate or disable the copy protection procedure employed by GEODI in relation to the software, or use the software through any protection method not provided by DECE;
2.8. Export the software and the documentation in violation of the laws of the Republic of Turkey or laws regulating exportation procedures;
2.9. Use the software and the documentation outside the country in which you purchased it. However, if the software and the documentation were purchased in the European Union (EU) or the European Economic Area (EEA), the use of the software and the documentation is allowed in all of the EU or EEA countries.
2.10. User acknowledges that the Seller's (DECE) responsibility is limited to the granting of the user license. User is responsible for regularly backing up the data generated by the use of the software. User accepts and states that he/she will provide any hardware required and that DECE (seller) has no responsibility for matters relating to hardware.
3. Authorship Right
Authorship rights of the software and the documentation, and if any, of all copies derived by you, are owned by DECE. The structure, organization, and code of the software are valuable trade secrets of DECE. Copying of the software and the documentation without obtaining the consent of DECE or non-compliance with the abovementioned restrictions shall automatically result in the termination of this license.
This agreement does not grant you any intellectual property right. Duplication or use of the software without consent shall be considered a violation of intellectual property rights, and the violators shall be imposed a fine and sentenced to prison as per articles 524a-524d of the Turkish Penal Code and article 71 and consecutive articles of the Turkish Copyright Law.
4. General Limited Warranty
DECE states that this software was developed and made free of errors as much as possible through the use of existing technology and knowledge, but does not warrant that it will fulfill all needs of the users. Apart from the limited warranties explicitly specified above, no other explicit or implicit warranty is granted by DECE or received by you, whether arising out of laws or correspondence with you, and DECE particularly denies giving any implicit warranty, including warranty of merchantability or warranty of fitness for a certain purpose. DECE also does not guarantee that the software will operate without interruption or be error-free. In addition to the warranty rights specified above, you may also have other rights that vary depending on the legislation of different countries.
5. Disclaimer - Reservation
DECE software and other technical software are tools intended to be used by trained professionals only. They are not a substitute for your professional judgment or discretion. Due to the large variety of potential applications for the software, the software has not been tested in all situations under which it may be used. DECE may not be held responsible in any manner whatsoever for the results obtained through the use of the software. Persons using the software are responsible for the supervision, management, and control of the software. This responsibility includes, without limitation, the determination of appropriate areas of use for the software and the selection of the software and programs required to achieve the intended results. Persons using the software are also responsible for establishing the adequacy of independent procedures for testing the reliability and accuracy of any output of the software, including, without limitation, all items designed with the assistance of the software.
6. Limitation of Liability
Seller shall not be liable for any loss of data and software, or its financial and legal consequences, arising from malfunctioning hardware or operating system, errors in computer network design or connection, voltage fluctuation or power blackout, virus infection, or similar environmental factors, or user errors. In cases where the SELLER (DECE) takes on legal liability, its financial liability shall be limited to the license fee paid by the USER. SELLER reserves the right to make changes to the software, documentation, its sale policies, and sale, update, training, and supporting prices.
DECE shall not, under any circumstances, be liable for any loss or damage, including loss or contamination of data, loss of profits, substitution costs, or other direct or indirect losses, arising out of the use of, or failure to use, the software and the documentation, however caused and regardless of the theory of liability. This restriction shall be valid even if DECE was advised of the possibility of any such loss or damage. You acknowledge that the license fee reflects this allocation of risk.
DECE software possesses the tools required to access licensed external map server data and numerous external data sources. The fact that you are able to use such tools does not mean that you have the license for such data and servers. The legal responsibility regarding this matter belongs to the users, and it is recommended to obtain the necessary permissions, if any. Moreover, the data taken from external servers and made available by DECE may be blocked or restricted by the authorities of such servers. In this case, DECE shall not, under any circumstances, be liable for any loss or problem that may arise.
7. General
7.1 If you, as the licensee, go bankrupt, become insolvent, or make an arrangement for bankruptcy or liquidation, this agreement and your license shall be automatically terminated without any further notice by DECE.
7.2 This license agreement is not subject to the provisions of the United Nations Convention on the International Sale of Goods. This license agreement is subject to the laws of the Republic of Turkey, including the Commercial Code that does not refer to the rules for conflict of laws. This license agreement constitutes the entire agreement between us and supersedes any prior communications, correspondences, and advertising. In case of any conflict, the courts and execution offices of Ankara shall have jurisdiction.
7.3 If any provision of this agreement is held invalid or unenforceable, the remaining provisions of this agreement shall remain in full effect, and the parties shall comply with the liabilities that give the maximum effect to the intent of the provision that is held invalid or unenforceable.
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