1. Acceptance: By accessing, using or downloading, you agree to our license agreement as set out here (this “Agreement”). If you do not agree to this Agreement, you must not access the Package. ETG Consulting Co. (“ETG”) reserves all other rights.
2. Liability: No warranty of any kind is given on behalf of ETG or its licencors, whether express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. No warranty is made as to any particular features of the Package or that the Package will perform in conjunction with any other software or hardware. No support, updated versions or defect fixing is provided by ETG in respect of the Package. In no event will ETG be liable to you or anyone else for any decision made or action taken in reliance on the Package or use made of the Package including for any economic losses, loss of revenues, data, profits, contract, use, opportunity, business or anticipated saving, loss of good will or reputation, consequential, special or similar damages, even if advised of the possibility of such damages. ETG does not accept any responsibility for any errors or omissions, or for the results obtained from the use of the Package. We reserve the right to change, remove, suspend, or disable any or all content in package without notice or liability.
3. Intellectual Property: The Package including the schema, design, structure, selection, coordination, expression, “look and feel” and arrangement of such information are the property of ETG and are protected by copyright and trademark law. ETG owns all title, copyright and other intellectual property rights in the Package and the Package are licensed, not sold. Apart from the license granted below, no part may be reproduced or reused for any other purposes whatsoever (including any commercial purposes) without the prior written permission of ETG.
5. License: You may not use the supplement if you do not have a license for the software or the online service. ETG grants you a limited, non-transferable, non-assignable license to download and use the Package for internal evaluation purposes only. You may not modify, reverse engineer, decompile or disassemble the Package in whole or in part, or create any derivative works from or sublicense any rights in the Package, unless otherwise expressly authorized in writing by ETG. Only you are permitted access the Package and you shall not permit any other persons or other third parties to access the Package. You are responsible for maintaining the confidentiality of any ID and password used to access the Package.
6. Disclaimer: ETG does not provide any close of business processing, support, helpdesk, maintenance or any other services as part of this Agreement.
7. Data: As the Package are provided for evaluation purposes only, you shall not submit, store, capture, transmit or process any of Your confidential or business sensitive data or any Personal Data through or to the Package. ETG has no responsibility for the accuracy, quality, integrity, legality or reliability of any data, information or other information you submit to the system through your use, ETG shall only process Your Data for the provision of the Services to You.
8. Personal data: If any Personal Data in Your Data is processed through the use of the Package by You, (i) You shall at all times remain the data controller of and responsible for such Personal Data for the purposes of the use of the Package; (ii) ETG and its suppliers are data processors or sub processors of such Personal Data only for the purposes of provision of the Package; and (iii) ETG may require that such Personal Data is deleted or otherwise removed from the Package. In order to innovate and improve its software products, ETG may collect certain usage statistics from the Package. Such data is examined in the aggregate without containing any of Your Data.
9. Use of the Package: You shall comply with any security policy or requirements provided by ETG. You shall not use the Package in any way prohibited by law, regulation or governmental order or to send spam or distribute malware. You shall not use the Package to store, process or distribute any infringing, obscene, threatening or otherwise unlawful information/content. You shall not interfere with or disrupt the integrity or performance of the Package or the data contain within such Package, or attempt to gain unauthorized access to the Package or its related systems or networks. You shall indemnify and hold harmless ETG, its affiliates and any hosting provider used in the provision of the Package for all claims, actions, proceedings, costs, expenses, damages or other losses suffered by ETG, its affiliates or its hosting provider arising out of Your use of the Package in breach of this Agreement or reasonable instruction from ETG.
10. Customer may not rent, lease, resell, sublicense, grant a security interest in the Software. Any attempt to do so shall be void and of no effect.
11. Customer may not use the Software (a) to develop any application having the same primary function as the Software; (b) for a commercial purpose or in connection with providing any services to third parties, including without limitation any service bureau, application service provider or hosting service; (c) in operating an on-line service, bulletin board, Web or Internet access service or enabling customers to access such services or use data received from such services.
12. Termination: Your rights under this Agreement shall continue for the duration of the trial period. Your rights will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must immediately cease all use of the Package and we may immediately revoke your access to the Package. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. If you breach this Agreement, you will be liable to ETG, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by ETG as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred. ETG also reserves the right to terminate this Agreement at any time. Upon termination of this Agreement, you shall delete all copies of the Package and cease all use of the Package. ETG shall delete all of your Data stored within the Package.
14. No warranties. To the maximum extent permitted by applicable law, the software is provided on a basis without any warranties by ETG or its licensors, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, quality, accuracy, title, noninfringement, and fitness for a particular purpose, any warranty that might otherwise arise from a course of dealing or usage of trade, or any warranty that the software will operate uninterrupted or be error-free. Customer acknowledges and agrees that the software is used at customer sole risk.
15. Limitation of liability. Under no circumstances will ETG consulting or its licensors be liable for any consequential, special, indirect, incidental, or punitive damages or damages for loss of use of any product, sales, profits, business information, data, or other such pecuniary loss arising out of the use or inability to use the software, however caused, on any theory of liability (including without limitation negligence, breach of contract, or otherwise), even if ETG consulting has been advised of the possibility of such damages.
16. The Package is suited to Turkish laws and legislation; Turkish labor law and wage laws and legislation regulations are in effect at the time of product use. ETG will not be responsible for any loss of data and functions that may occur in live systems due to the use of the system. The construction validity and performance of this Agreement shall be governed exclusively by the laws of Turkish Republic and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Turkish Republic Courts.