License agreement
This User License agreement is a contract concluded between any end user (hereinafter “you”) and Remaps Online, a limited liability company, Remaps Online AS, with registration number Yenimahalle VD 734 094 1666 and headquarters at Turkey ,whose registered office is located at Camlica Mah. 145. Cad No:6, Yenimahalle 06200 Ankara TURKEY (hereinafter “we” and “Remaps Online”).
This contract is a software license contract, the objective of which is to grant you a right to use the software developed by Remaps Online under the conditions described in this contract, which you expressly acknowledge having read.
Please read carefully this contract governing your use of the software downloaded from our website, as well as all related documentation.
Accessibility to the source code and the rights to copy and modify which result from it have the counterpart of offering you only a limited warranty.
In this regard, your attention is drawn to the risks associated with the loading, use, modification and / or development and reproduction of the software by you, which can make it complex to handle and which therefore reserves it. to developers or sophisticated professionals with in-depth computer knowledge.
By purchasing and downloading, configuring or using the software and its documentation, you unreservedly accept the terms of this User License agreement and you agree to be bound by this agreement.
Article 1 - Definitions
Each of the expressions mentioned below will have the meaning given to it herein, namely:
"Agreement": Means this license agreement, its possible later versions and appendices;
"Source Code": Refers to all the instructions and program lines of the Software and to which access is necessary in order to modify the Software;
“Object Code” Refers to the binary files resulting from the compilation of the Source Code;
"Effective Date" Effective date indicated in Article 11 of this Contract;
"Documentation": Software User Guide and any other documentation relating to the use of the Software, provided to you, if applicable, by Remaps Online;
"Software": Refers to the software in its Object Code and / or Source Code form and, where applicable, its Documentation, allowing the control of engine parameters of air, land and water vehicles (cars; jet ski; motor boat; motorcycle / quad ) and its operation, developed by Remaps Online and which you wish to receive under license under the conditions described herein;
“Server”: Remaps Online server from which you can download the Software.
Article 2 - Scope of the rights granted
2.1. By accepting this Agreement, you receive a personal, non-exclusive, transferable and sublicensable right to use the Software and, if applicable, any associated Documentation, for the duration of this Agreement, in order to schedule and control the engine parameters of land and water vehicles and their operation.
2.2. You are authorized to use the Software, it being specified below that this includes, to the extent permitted by applicable law:
reproduction of the Software in whole or in part by any means and in any form by downloading the Software from the Server;
loading, displaying, running, or storing the Software on any medium;
the ability to observe, study, or test its operation in order to determine the ideas and principles that underlie any element of this Software; and this, when you carry out any loading, display, passage, transmission and storage of the Software that it is entitled to perform under this contract, and;
the right to make contributions / improvements to the Software in order to ensure its operation.
2.3. The right to make contributions includes the right to make any modification / improvement to the Software and the right to reproduce the resulting Software.
Article 3 - Intellectual property
3.1. Remaps Online is and remains the sole owner of the intellectual property rights relating to the Software, as well as to the associated Documentation, allowing it to grant you a right of use under the terms of this Agreement. The authorization of use granted by Remaps Online under the terms of this Agreement does not involve any transfer of intellectual property to your benefit.
3.2. If you have developed a Contribution, you hold the intellectual property rights relating to it under the conditions defined by the applicable legislation.
Article 4 - Installation and configuration
4.1. After downloading from the Server, you will install, under your sole responsibility and at your own risk, the Software, if applicable, using the Documentation provided by Remaps Online for this purpose.
4.2. Any configuration necessary to access the Software is your technical and financial responsibility. We cannot be held liable for access difficulties related to the configuration you operate.
Article 5 - Warning
5.1. It is your responsibility to ensure in particular:
The suitability of the Software to your specific objectives and needs;
To have the skills and the means necessary to implement and use the Software;
Respect by any employee, employee, and more generally any person working on your behalf of the commitments made under this Contract, in particular in terms of compliance with the conditions of the license, intellectual property rights and confidentiality. You will be held responsible for the acts of these persons contravening the provisions of the Contract.
5.2. You agree not to use the Software illegally or in a way that would infringe the rights of Remaps Online or any third party.
5.3. In the event of a lawsuit or complaint filed against Remaps Online by a third party due to (a) acts which are attributable to you and / or (b) the lack of action on your part, you agree to defend, indemnify and exonerate Remaps Online from all liability.
Article 6 - Financial conditions
6.1. In return for the right to use the Software, you agree to pay Remaps Online a one-time, non-refundable license fee. This amount is included in the software purchase price excluding VAT.
Article 7 - Peaceful enjoyment
7.1. Remaps Online declares that the rights granted to you hereunder do not infringe the intellectual property rights of third parties.
7.2. As such, Remaps Online guarantees you against any infringement action which may be brought in Turkey against you as a result of using the Software under the conditions of this Contract.
7.3. Consequently, subject to your compliance with the provisions of this Contract, Remaps Online undertakes to take charge of the damages to which you could be condemned by virtue of a court decision which has become final and whose sole basis is the demonstration of '' an infringement of the intellectual property rights of third parties during the use of the Software.
This support is subject to the following cumulative conditions:
You must immediately notify us in writing of the existence of an infringement action brought against you;
The infringement action does not result from (i) your use of the Software in conjunction with other programs, software packages and software, which has not been authorized by Remaps Online, or (ii) of a modification / improvement of the Software that you have operated, or (iii) where applicable, a use of the Software that does not comply with that indicated in the User Documentation provided by Remaps Online;
Remaps Online has control over the defense of the infringement action;
You must, cooperate loyally in said defense by providing all the elements, information, and assistance necessary to carry out such a defense;
You agree that Remaps Online may, if Remaps Online deems it appropriate, replace or modify the Software so as to make the use non-infringing.
7.4. In the event that a ban on the use of the Software is pronounced by a final judicial decision or results from a transaction between Remaps Online and the plaintiff for the infringement action, or in the event that Remaps Online considers that it there is a threat of infringement action, Remaps Online will endeavor, at its option and at its expense:
Either, to obtain for your benefit the right to continue using the infringing software element (s);
Either replace the part of the Software deemed infringing by an element offering the same functionalities, at no additional cost to you;
Or modify the infringing part of the Software in order to make it non-infringing.
If Remaps Online cannot obtain replacement Software or an authorization to continue using the Software, Remaps Online may automatically terminate this Agreement and refund the license fee you have paid.
Article 8 - Entry into force - Duration - Termination
8.1. This Agreement comes into force on the date of your acceptance. The Contract will take effect for the entire legal period of protection of economic rights relating to the Software.
8.2. Your acceptance of the terms of the Contract is deemed to have been acquired by reason of the first of the following facts:
(i) loading the Software by downloading from the Server;
(ii) the first exercise by you of any of the rights granted by the Agreement.
8.3. In the event of failure by one of the Parties to any of the obligations under this Contract, not repaired within thirty (30) calendar days from the sending of a registered letter with acknowledgment of receipt Notifying the breach in question, this Contract will be terminated automatically and automatically, without prejudice to any damages to which the party suffering the breach may claim under the Contract.
8.4. Each party will have the option to terminate the contract, provided that the other party is given a minimum of six (6) months notice from the sending of a registered letter with acknowledgment of receipt.
8.5. In the event of termination of all or part of the contractual relationship between you and Remaps Online for any reason whatsoever, you must immediately:
1. stop using the Software;
2. pay Remaps Online the amounts due before termination or termination of the Contract.
8.6. Notwithstanding all the other stipulations hereof, the clauses whose context indicates that they will continue to produce their effects at the expiration of these presents for any reason whatsoever, will continue to produce the effects desired by the Parties in accordance with these presents.
Article 9 - Change of control
9.1. This Agreement will continue to have effect in the event that Remaps Online or one of the member companies of its group changes control, under applicable law.
Article 10 - Assignment
10.1. You will not be able to sell, rent, assign, give as security, mortgage, pledge, pledge, transfer or assign in any way, in part or in whole, for consideration or free of charge, nor transmit by any other means the present Contract or the rights granted thereto, whether in whole or in part, any attempt in this direction being null and void, without the prior written consent of Remaps Online.
10.2. Remaps Online may assign or transfer its rights and obligations provided for herein to any company belonging to the Remaps Online group, subject to giving you prior written notice.
Article 11 - Non-waiver
11.1. The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to herein by this Contract, cannot be interpreted for the future as a waiver of the obligation in question.
Article 12 - Partial invalidity
12.1. If one or more stipulations of this Contract is (are) held to be invalid by application of a law, a regulation, or following a final decision of a competent court, it will be deemed unwritten.
The other provisions of the Contract will retain all their force and scope.
Article 13 - Applicable law and attribution of jurisdiction
13.1. This Contract is subject to Turkish law.
13.2. In the event of a dispute, and in the event of failure of an amicable solution, exclusive jurisdiction is assigned to the courts of the city of Ankara, Turkey.
This contract is a software license contract, the objective of which is to grant you a right to use the software developed by Remaps Online under the conditions described in this contract, which you expressly acknowledge having read.
Please read carefully this contract governing your use of the software downloaded from our website, as well as all related documentation.
Accessibility to the source code and the rights to copy and modify which result from it have the counterpart of offering you only a limited warranty.
In this regard, your attention is drawn to the risks associated with the loading, use, modification and / or development and reproduction of the software by you, which can make it complex to handle and which therefore reserves it. to developers or sophisticated professionals with in-depth computer knowledge.
By purchasing and downloading, configuring or using the software and its documentation, you unreservedly accept the terms of this User License agreement and you agree to be bound by this agreement.
Article 1 - Definitions
Each of the expressions mentioned below will have the meaning given to it herein, namely:
"Agreement": Means this license agreement, its possible later versions and appendices;
"Source Code": Refers to all the instructions and program lines of the Software and to which access is necessary in order to modify the Software;
“Object Code” Refers to the binary files resulting from the compilation of the Source Code;
"Effective Date" Effective date indicated in Article 11 of this Contract;
"Documentation": Software User Guide and any other documentation relating to the use of the Software, provided to you, if applicable, by Remaps Online;
"Software": Refers to the software in its Object Code and / or Source Code form and, where applicable, its Documentation, allowing the control of engine parameters of air, land and water vehicles (cars; jet ski; motor boat; motorcycle / quad ) and its operation, developed by Remaps Online and which you wish to receive under license under the conditions described herein;
“Server”: Remaps Online server from which you can download the Software.
Article 2 - Scope of the rights granted
2.1. By accepting this Agreement, you receive a personal, non-exclusive, transferable and sublicensable right to use the Software and, if applicable, any associated Documentation, for the duration of this Agreement, in order to schedule and control the engine parameters of land and water vehicles and their operation.
2.2. You are authorized to use the Software, it being specified below that this includes, to the extent permitted by applicable law:
reproduction of the Software in whole or in part by any means and in any form by downloading the Software from the Server;
loading, displaying, running, or storing the Software on any medium;
the ability to observe, study, or test its operation in order to determine the ideas and principles that underlie any element of this Software; and this, when you carry out any loading, display, passage, transmission and storage of the Software that it is entitled to perform under this contract, and;
the right to make contributions / improvements to the Software in order to ensure its operation.
2.3. The right to make contributions includes the right to make any modification / improvement to the Software and the right to reproduce the resulting Software.
Article 3 - Intellectual property
3.1. Remaps Online is and remains the sole owner of the intellectual property rights relating to the Software, as well as to the associated Documentation, allowing it to grant you a right of use under the terms of this Agreement. The authorization of use granted by Remaps Online under the terms of this Agreement does not involve any transfer of intellectual property to your benefit.
3.2. If you have developed a Contribution, you hold the intellectual property rights relating to it under the conditions defined by the applicable legislation.
Article 4 - Installation and configuration
4.1. After downloading from the Server, you will install, under your sole responsibility and at your own risk, the Software, if applicable, using the Documentation provided by Remaps Online for this purpose.
4.2. Any configuration necessary to access the Software is your technical and financial responsibility. We cannot be held liable for access difficulties related to the configuration you operate.
Article 5 - Warning
5.1. It is your responsibility to ensure in particular:
The suitability of the Software to your specific objectives and needs;
To have the skills and the means necessary to implement and use the Software;
Respect by any employee, employee, and more generally any person working on your behalf of the commitments made under this Contract, in particular in terms of compliance with the conditions of the license, intellectual property rights and confidentiality. You will be held responsible for the acts of these persons contravening the provisions of the Contract.
5.2. You agree not to use the Software illegally or in a way that would infringe the rights of Remaps Online or any third party.
5.3. In the event of a lawsuit or complaint filed against Remaps Online by a third party due to (a) acts which are attributable to you and / or (b) the lack of action on your part, you agree to defend, indemnify and exonerate Remaps Online from all liability.
Article 6 - Financial conditions
6.1. In return for the right to use the Software, you agree to pay Remaps Online a one-time, non-refundable license fee. This amount is included in the software purchase price excluding VAT.
Article 7 - Peaceful enjoyment
7.1. Remaps Online declares that the rights granted to you hereunder do not infringe the intellectual property rights of third parties.
7.2. As such, Remaps Online guarantees you against any infringement action which may be brought in Turkey against you as a result of using the Software under the conditions of this Contract.
7.3. Consequently, subject to your compliance with the provisions of this Contract, Remaps Online undertakes to take charge of the damages to which you could be condemned by virtue of a court decision which has become final and whose sole basis is the demonstration of '' an infringement of the intellectual property rights of third parties during the use of the Software.
This support is subject to the following cumulative conditions:
You must immediately notify us in writing of the existence of an infringement action brought against you;
The infringement action does not result from (i) your use of the Software in conjunction with other programs, software packages and software, which has not been authorized by Remaps Online, or (ii) of a modification / improvement of the Software that you have operated, or (iii) where applicable, a use of the Software that does not comply with that indicated in the User Documentation provided by Remaps Online;
Remaps Online has control over the defense of the infringement action;
You must, cooperate loyally in said defense by providing all the elements, information, and assistance necessary to carry out such a defense;
You agree that Remaps Online may, if Remaps Online deems it appropriate, replace or modify the Software so as to make the use non-infringing.
7.4. In the event that a ban on the use of the Software is pronounced by a final judicial decision or results from a transaction between Remaps Online and the plaintiff for the infringement action, or in the event that Remaps Online considers that it there is a threat of infringement action, Remaps Online will endeavor, at its option and at its expense:
Either, to obtain for your benefit the right to continue using the infringing software element (s);
Either replace the part of the Software deemed infringing by an element offering the same functionalities, at no additional cost to you;
Or modify the infringing part of the Software in order to make it non-infringing.
If Remaps Online cannot obtain replacement Software or an authorization to continue using the Software, Remaps Online may automatically terminate this Agreement and refund the license fee you have paid.
Article 8 - Entry into force - Duration - Termination
8.1. This Agreement comes into force on the date of your acceptance. The Contract will take effect for the entire legal period of protection of economic rights relating to the Software.
8.2. Your acceptance of the terms of the Contract is deemed to have been acquired by reason of the first of the following facts:
(i) loading the Software by downloading from the Server;
(ii) the first exercise by you of any of the rights granted by the Agreement.
8.3. In the event of failure by one of the Parties to any of the obligations under this Contract, not repaired within thirty (30) calendar days from the sending of a registered letter with acknowledgment of receipt Notifying the breach in question, this Contract will be terminated automatically and automatically, without prejudice to any damages to which the party suffering the breach may claim under the Contract.
8.4. Each party will have the option to terminate the contract, provided that the other party is given a minimum of six (6) months notice from the sending of a registered letter with acknowledgment of receipt.
8.5. In the event of termination of all or part of the contractual relationship between you and Remaps Online for any reason whatsoever, you must immediately:
1. stop using the Software;
2. pay Remaps Online the amounts due before termination or termination of the Contract.
8.6. Notwithstanding all the other stipulations hereof, the clauses whose context indicates that they will continue to produce their effects at the expiration of these presents for any reason whatsoever, will continue to produce the effects desired by the Parties in accordance with these presents.
Article 9 - Change of control
9.1. This Agreement will continue to have effect in the event that Remaps Online or one of the member companies of its group changes control, under applicable law.
Article 10 - Assignment
10.1. You will not be able to sell, rent, assign, give as security, mortgage, pledge, pledge, transfer or assign in any way, in part or in whole, for consideration or free of charge, nor transmit by any other means the present Contract or the rights granted thereto, whether in whole or in part, any attempt in this direction being null and void, without the prior written consent of Remaps Online.
10.2. Remaps Online may assign or transfer its rights and obligations provided for herein to any company belonging to the Remaps Online group, subject to giving you prior written notice.
Article 11 - Non-waiver
11.1. The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to herein by this Contract, cannot be interpreted for the future as a waiver of the obligation in question.
Article 12 - Partial invalidity
12.1. If one or more stipulations of this Contract is (are) held to be invalid by application of a law, a regulation, or following a final decision of a competent court, it will be deemed unwritten.
The other provisions of the Contract will retain all their force and scope.
Article 13 - Applicable law and attribution of jurisdiction
13.1. This Contract is subject to Turkish law.
13.2. In the event of a dispute, and in the event of failure of an amicable solution, exclusive jurisdiction is assigned to the courts of the city of Ankara, Turkey.