Terms & Conditions
a) ETOM Teknoloji defines the firm ETOM Teknoloji Arge LTD. who has the intellectual and industrial property rights of the Software.
b) USER defines private or legal persons who is this under the contract and leases the rights to use KOKPIT license to use the software or review.
c) SOFTWARE means KOKPIT Integrated Business Management Suite which the USER has the right to use and use under the contract; identifies the computer program and program subcomponents, which are used on the internet, developed by ETOM.
d) ı SOFTWARE LEASING LICENSE agreement means the License Leasing Agreement, the software documentation and the license required to use the Software. In this contract, KOKPIT is used as a license under the software product. The License Lease Agreement is a periodic contract and ends at the end of the lease term.
e) THIRD PARTIES any real person, individual or capital company or institution, organization, foundation, association etc. have legal capacity to act; domestic and foreign public and private were used to cover.
2. SUBJECT OF THE CONTRACT
With this contract, the USER receives the Periodic Rental License of the computer program specified in its own documentation with this contract. All other intellectual property rights other than the non-exclusive periodic lease license belong to ETOM and are not covered by this Agreement.
3.TERMINAL RENTAL LICENSE
The license to use gives the USER the right to use KOKPIT on cloud, in accordance with the rights and limits set forth in this Agreement, and not to exceed the number of users specified in the license by the person or legal person specified in the invoice. At the end of the rental period, the use of KOKPIT is automatically stopped.
4. QUALITY OF RENTAL LICENSE
Software and the accompanying documents are licensed to you for use only in accordance with the terms and conditions of this Agreement, not sold by ETOM. ETOM and its licensors hold the ownership of the Software and all rights not expressly granted to you by ETOM are reserved. The provisions of this Agreement are governed by ETOM for any and all software updates that replace and / or support the original Software, and in the case of updates made under a separate license, the terms of the license for that update apply. The software is not delivered to the USER physically. The USER accesses and uses the software on the internet in accordance with the terms and conditions set by ETOM. The software cannot be installed on any other location or hardware other than those specified by ETOM.
Ownership data of the USER belonging to the software belongs to the USER. USER can retrieve data from the software at any time. At the end of the leasing period, the data of the enterprise is stored for 30 days and destroyed at the end of the period.
5. SCOPE OF LICENSE
The license covers the rights to use the Software in accordance with the rights and limits set forth in this Agreement. ETOM reserves the right to prevent the use of ETOM, to terminate the Agreement and to take legal action in the event of violations of the terms and conditions of use license.
The Rental License covers the rights to use the software as it is. The USER cannot request changes on the software according to his / her needs. We accept and declare that you will always use the latest version of the software and updates made by ETOM. Technical support for the use of KOKPIT is carried out with the channels determined by ETOM.
a) lend the software or the license activation key or user name and password required for the Software;
b) Not transfer this Agreement and its rights to third parties in whole or in part.
c) use the software in compliance with all applicable national and international legislation, internet rules and laws,
d) cannot exceed the number of users specified in the license;
e) Do not attempt to copy, copy or mimic the algorithm or business models contained in the software.
6. WARRANTY DISCLAIMER
FOR THE EXTENT PERMITTED BY APPLICABLE LAW, THE ETOM SOFTWARE AND SERVICES ARE PROVIDED AS IS WITHOUT ANY ERRORS AND ANY WARRANTY . YOU ASSUME THAT YOUR USE OF THE ETOM SOFTWARE AND SERVICES TO THE EXTENT PERMITTED BY APPLICABLE LAW IS IN YOUR OWN RISK AND THAT YOU HAVE ALL THE RISKS RELATED TO SATISFIED QUALITY, PERFORMANCE, ACCURACY AND QUESTION. ETOM AND LICENSE PROVIDERS, INCLUDING, INCLUDING, IN CONNECTION WITH ETOM SOFTWARE AND SERVICES, INCLUDING SATISFACTION, QUALITY SATISFACTION, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-RESPECT TO USE AND ANY INCIDENTAL, OR EXPRESSLY DISCLAIMS ALL WARRANTIES. Not interfere with your use of ETOM, KOKPIT SOFTWARE OR SERVICES; THE FUNCTION OF THE KOKPIT SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; DOES NOT WARRANT THAT KOKPIT SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR DEFINITIONS OF THE KOKPIT SOFTWARE OR SERVICES WILL BE CORRECTED. NO POPULAR DEALERS, AGENCIES OR EMPLOYEES ARE EXCLUSIVE TO ANY REPLACEMENT, EXCLUSION OR ADDITIONS.
7. LIABILITY LIMITATION
WITH THE CONDITION OF BEING INCLUDED IN THE LIMITS OF THE LAW; ETOM OR LICENSORS PROVIDING COST, PROFIT LOSS, DATA OR DATA LOSS OF ANY CUSTOMS, INDIRECT, OR REASONED OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY REPRESENTATIVE, IF THE POSSIBILITY OF THE CREATION OF THE CONSEQUENTIAL DAMAGES HAS BEEN BEEN AWARDED TO ETOM, THERE SHOULD NOT BE LIABLE FOR ANY DAMAGE, LIABILITY OR OTHER. IN NO EVENT, THE TOTAL LIABILITY OF THE ETOM AND LICENSE PROVIDERS WILL EXCLUDE THE FEE PAID DUE TO THE ETOM PRODUCT OR SERVICE WHICH CAUSES THE LIABILITY OF THE LIABILITY. THE LIMITATIONS OF THIS LIMITATION WILL APPLY TO PROVIDE THE SOFTWARE FOR THE MAIN PURPOSE.
8. SOFTWARE COPYRIGHTS
The copyright / proprietary rights of the software and documentation belong to ETOM; The Law on Intellectual and Artistic Works, the Turkish Penal Code and the Decree on the Protection of Brands are protected by the provisions of the Turkish Commercial Code. The USER may not decompile, disassemble, reverse-configure, or attempt to derive the source code or create its installer. Modification of the material and documents related to the Software indicates the right to ownership of the Software The removal, concealment or alteration of KOKPİT and ETOM trade marks and other elements, the use, copy and duplication of any other purposes shall also constitute a violation of the copyright.
You agree that ETOM may revoke such Updates at any time for any reason if ETOM makes updates and / or upgrades to your product at its sole discretion for Software (tür Updates ET). ETOM, its subsidiaries and agents; To perform updates, product support, and other services related to COCPIT software (if any) and to verify compliance with the provisions of this agreement, including but not limited to your KOKPİT product, computer, system and application software, peripherals, and other related devices. and to obtain, use and process information. RYOM may use this information in a manner that will not personally identify you to improve our products or serve you.
11. PERIOD OF LICENSE
The use of the Software by the USER, or by declaring its acceptance of this Agreement, and the use of COBPIT is reported to the e-mail address declared by the access information and ends with the end of the billing period.
a) The software must be entered by the USER for downloading, downloading or any other means via the Internet; The USER is responsible for the accuracy, safety, storage of any kind of user name, password and similar data and to keep it away from the information of third parties. The USER is responsible for any inaccuracies in the data and / or the use of this information by someone else, or for access to the Software or to the places accessed by the Software on behalf of the USER.
b) ETOM may record, process and use the USER information for the USER security, performance of its obligations and some statistical evaluations, use it indefinitely in the manner it uses, classify them on a database and keep them in the database indefinitely and maintain them in accordance with the legislation. transfer to abroad or to its subsidiaries.
c) ETOM may link to other websites and / or portals, files or content operated by the Software or third party merchant or service vendors or providers who are not under the control of the Software. ETOM has no responsibility for portals, websites, files and content accessed through links.
13. FORCE MAJEURE
ETOM shall not be liable for any loss or damage arising out of the failure to fulfill any delays or obligations arising out of the force majeure conditions of the law. ETOM reserves the right to terminate the Contract without indemnity and unilaterally in the event that force majeure affects directly the obligations of ETOM in this Agreement.
In the event of disputes, any records, reports, documents, documents and computer records kept by ETOM constitute definitive evidence in resolving disputes.
15. USE OF RIGHTS
The fact that any rights arising from this contract have not been used within its term shall not be construed as a waiver of that right. All rights not expressly granted in this agreement are reserved by ETOM and its dealers.
The USER cannot transfer and assign the rights and obligations of the Contract to third parties. They may not sublicense the Software or otherwise transfer the Software and may not allow others to do so. Such transfers do not constitute counterparty of ETOM and cause the termination of rights under the Contract. ETOM has the right to transfer its rights and obligations arising from the contract to its subsidiaries, companies and third parties.
Istanbul courts are authorized for disputes arising out of this contract. In case of conflicts in the Republic of Turkey laws are applied.
All notices and notices relating to this Agreement are made to the e-mail address that the USER has entered during the installation or activation or has notified ETOM in any way. The USER cannot claim to be notified by unauthorized persons to this address. Notices made to this e-mail address result in legally valid notification.