License Agreement

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OfisPlan End-User License Agreement

IMPORTANT - PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS:

LICENSE AGREEMENT FOR OFISPLAN SOFTWARE PRODUCTS


This OfisPlan Information Technologies License Agreement for OfisPlan Information Technologies Software Products (the “Agreement”) is a legal agreement between you or the company you are authorized to represent ("You") and OfisPlan Information Technologies ("OfisPlan IT"). This Agreement governs the installation and use of the accompanying OfisPlan computer software program and services not covered by a separate license agreement; all printed and electronic manuals, guides, bulletins, and online help (the “Documentation”); and any modifications, updates, revisions or enhancements received by You from OfisPlan IT or its authorized dealers (collectively, the "Program").
You acknowledge and accept the terms and conditions of this Agreement by installing this Program. This Agreement limits and excludes warranties and remedies regarding the Program, exempts OfisPlan IT and other persons from liability or limits their liability, and contains other important provisions that You should read.

BY SELECTING THE “I ACCEPT” BUTTON OR BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE PROGRAM, YOU ACKNOWLEDGE AND SIGNIFY YOUR ACCEPTANCE AND AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, AND IF YOU ARE AN INDIVIDUAL REPRESENTING A COMPANY OR OTHER PERSONS THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT AND AGREE TO THE AGREEMENT ON BEHALF OF THE COMPANY OR OTHER PERSONS YOU REPRESENT OR ON WHOSE BEHALF YOU ARE INSTALLING OR USING THE PROGRAM.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY CANCEL THE INSTALLATION PROCESS.
IF YOU ARE USING A TRIAL VERSION OF THE PROGRAM, THE PROGRAM WILL BECOME DISABLED AFTER THIRTY (30) DAYS.

1. RETURN POLICY.
If You purchase an On-Premise License (as defined below) and are a first-time customer and return the Program to OfisPlan IT within thirty (30) days from Your payment of the associated license fee, as evidenced by Your receipt, OfisPlan IT will refund the license fee.
If You purchase a Subscription License to OfisPlan.net (as defined below), there is no option to return the Program for a refund of the license fee. Instead, you may terminate Your Subscription License in accordance with Section 10 (Term and Termination) herein.
Upon the termination or expiration of this Agreement for any reason whatsoever: (a) the license granted hereunder shall immediately cease; and (b) You shall immediately stop using the Program in any way; and (c) within ten (10) days after the effective date of expiration or termination, deliver to OfisPlan IT, or certify that You have destroyed, all copies of the Program.

2. GRANT OF LICENSE.
An “On-Premise License” means a license to use the Program according to this Agreement until this Agreement terminates as described herein. A “Subscription License” means a license to use the Program according to this Agreement until the specified term or subscription period ends or Your license or this Agreement is terminated as described herein.
Subject to Your compliance with all terms of this Agreement, OfisPlan IT hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Program under the terms stated in this Agreement for use in your business or profession during the term of Your license or subscription. The grant of rights hereunder to the Program is not a sale of the Program or any portion thereof and does not convey any rights of ownership in the Program. OfisPlan IT reserves all rights not expressly granted by this Agreement and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with OfisPlan IT. If You purchase an On-Premise License, You may use the Program only if You pay the required On-Premise License fee or fees when due and accept the terms of this Agreement as indicated above. If You purchase a Subscription License, You may use the Program only for the subscription period for which OfisPlan IT has received Your Subscription License fees and if You accept the terms of this Agreement as indicated above. The Subscription License fees may be changed from time to time by providing You with thirty (30) days’ prior notice.


3. LICENSE RESTRICTIONS.
This Agreement does not include the right to perform any of the following and You agree to refrain from performing any of the following:
a. You may not make copies, translations, or modifications of or to the Program or any portion thereof, except You may make one (1) copy of the Program for backup purposes in support of Your use of the Program. You may make a second copy of the Program for use on either: (i) Your home computer; or (ii) a portable computer that You own or use in Your business or profession, to the extent that such computer is used by You as a secondary computer. You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such backup copy of the Program. All copies of the Program are subject to the terms and conditions of this Agreement.
b. You have the right to use this Program within a Terminal Server environment subject to the following limitation: (i) You are expressly prevented from using the Program in a Terminal Server environment where the intent is to offer the Program to other users in an Application Service Provider (ASP) environment for the purpose of charging a fee to those users for access to the Program or charging a fee to those users for access to general services which might include access to the Program.
c. You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign or transfer the Program or this license, except that: (i) You may transfer the license to a party that purchases all or substantially all of the assets of your business, provided that You notify OfisPlan IT in writing prior to the transfer of the Program to the purchasing party, and the purchasing party agrees in writing to be bound by the Agreement; or (ii) upon written permission from OfisPlan IT, You may transfer the license to a party that agrees to be bound by this Agreement. You may not reverse-engineer, reverse-translate, disassemble, or decompile the Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Program. You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Program. You may not obscure or remove any copyright or trademark notice from the Program.
d. OfisPlan IT reserves all rights not expressly granted to You in this Agreement.


4. OFISPLAN.NET HOSTED VERSION
The following applies if You have subscribed to OfisPlan.net for the electronic processing, storage, retrieval and transmission of data submitted by You (the “Data”).
a. Fees and Charges. Your use of the OfisPlan.net service will result in fees as set forth on the OfisPlan IT website (the "OfisPlan.net Fees"). The OfisPlan.net Fees may be changed from time to time by providing You with thirty (30) days’ prior notice of such changes via a posting on the OfisPlan.net website. You must provide OfisPlan IT with a valid credit card number for billing purposes and allow OfisPlan IT to charge the OfisPlan.net Fees directly to Your credit card prior to each billing cycle as selected in the registration process. OfisPlan.net Fees will be charged monthly in advance of Your being allowed access to the OfisPlan.net service and are not refundable. OfisPlan IT will automatically charge Your credit card each month until You terminate the relationship with OfisPlan IT. You agree to pay all taxes.
b. Security. OfisPlan IT agrees to exercise reasonable care to prevent any unauthorized access to the Data. Each party hereto agrees to notify the other promptly of any unauthorized access to or use of OfisPlan.net or the Data. Each party agrees to use all reasonable efforts to take remedial measures to rectify any such unauthorized access. OfisPlan IT shall not be liable for any damages incurred by You in connection with any unauthorized access to or disclosure of the Data resulting from the actions of You, any third party or from the failure of electronic or other security measures.
c. Interruption of OfisPlan.net Service. (i) The OfisPlan.net service may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and other similar activities necessary during the operation and upgrade of the OfisPlan.net service. No reduction of payments will be made in the case of temporary interruption of the OfisPlan.net service. In no event shall OfisPlan IT be liable for any damages due to temporary interruption of the OfisPlan.net service. (ii) OfisPlan IT will not be liable for and shall be excused from any interruptions, delays, failures, errors or defects in transmission and from failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including, but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions of power or communications, failure of suppliers or subcontractors, fire, natural disasters. (iii) Because You will access the OfisPlan.net service over the Internet, temporary disruptions of network connectivity may occur from time to time. Internet traffic is usually routed through many different Internet providers on the way to its destination. OfisPlan IT will not be liable for interruptions or delays in transmission or errors or defects in transmission or failure to transmit when caused by any public Internet provider.


5. WARRANTY.
a. The following warranty applies to You only if You are the original licensor of the Program. OfisPlan IT warrants that the Program substantially conforms to the specifications contained in the Documentation for a period of ninety (90) days from Your purchase, as evidenced by Your receipt (the "Warranty Period"), provided that the Program is used on the computer operating system for which it was designed. Receipt of revisions or upgrades to the Program shall not restart or otherwise affect the warranty period for previously delivered copies or versions. OfisPlan IT does not represent or warrant that Your use of the Program will be uninterrupted or error free.
b. Provided You notify OfisPlan IT in writing during the Warranty Period of a substantial non-conformity between the Documentation and the Program, and if OfisPlan IT is able to replicate and verify that such substantial non-conformity exists, You may return all copies of the Program and OfisPlan IT shall remit to You the license fee You paid, up to the amount of OfisPlan IT's suggested list price for the Program.


6. DISCLAIMER OF WARRANTIES.
a. The foregoing warranties and remedies are exclusive. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN SECTIONS 5(a) AND 5(b) OF THIS AGREEMENT COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROGRAM AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS AGREEMENT.


7. TERMINATION OF SUPPORT AND OTHER SERVICES.
Software has a limited useful life for various reasons including changes in technology. Except as otherwise provided herein, You are free to decide and are responsible for deciding when to upgrade the Program. OfisPlan IT reserves the right to terminate customer support, your subscription to the Program, and all other services applicable to the Program in the event that the Program has become inoperable or incompatible with current operating systems, hardware, Add-On Products and Services or other technologies. If You are not operating a supported release or service, it may be necessary to license an upgrade or replacement product or service in order to continue to receive customer support and/or other updates. Any updates licensed by You are considered part of the Program and subject to the terms and conditions of this Agreement, except to the extent a separate license agreement is provided in connection with such update.


8. RECOMMENDED ENVIRONMENT.
This Program has been designed to work optimally in the environment stated within the Documentation. Any defects, inconsistencies, or issues arising out of operating outside the parameters set forth therein may require You to pay additional maintenance/upgrade costs to OfisPlan IT to support and/or rectify.


9. LIMITATION OF LIABILITY.
OfisPlan IT will have no responsibility for the Program if any portion of the Program has been modified, lost, stolen or damaged by accident, abuse or misapplication.


10. TERM AND TERMINATION.
a. This Agreement shall commence on the date You install the Program and shall continue until the earlier of: (i) the date it is terminated in accordance with the terms herein; (ii) your acceptance of a superseding license agreement; (iii) the expiration of the trial period, if applicable; or (iv) the expiration of Your subscription term, if applicable.
b. If You purchased a Subscription License, your subscription period is monthly, with the subscription fees payable each month. You may cancel Your subscription with at least one (1) day’ notice prior to Your renewal date. Please note that any of the following will cause Your Program to revert to “read only” mode: (i) failure to pay Your subscription fee; (ii) termination of this Agreement; (iii) cancellation or non-renewal of Your subscription. Full Program functionality will not be restored until Your account is brought current, which will require payment of all past due fees.
c. This license, and all of OfisPlan IT's obligations hereunder, automatically terminate if You fail to comply with any provision of this Agreement. Upon the termination or expiration of this Agreement for any reason whatsoever: (i) the license granted hereunder shall immediately cease; and (ii) You shall immediately stop using the Program in any way and, within ten (10) days after the effective date of expiration or termination, deliver to OfisPlan IT, or certify that You have destroyed, all copies of the Program.


11. MISCELLANEOUS.
a. As a user of the Program, You assume the responsibility for the selection of the Program as being appropriate for your purposes. You understand and agree that: (i) You are solely responsible for the content and accuracy of all reports and documents prepared with the Program; (ii) using the Program does not relieve You of any professional obligation concerning the preparation and review of such reports and documents; and (iv) OfisPlan IT's support service is designed to offer technical support for issues regarding the features and functionality of this Program in the recommended operating environments only.
b. This Agreement shall be governed by and construed in accordance with the laws of Turkish Republic therein. Any and all disputes arising under this Registration Rights Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Turkish Republic and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.
c. This Agreement allocates risk between You and OfisPlan IT as authorized by applicable law, and pricing of OfisPlan IT's products reflects this allocation of risk and the limitation of liability contained in this Agreement. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall be valid and enforceable according to its terms.  

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