License Agreement
FOTODIJIT AUTOMATIC PATTERN DIGITIZING SOFTWARE END USER LICENSE AGREEMENT
These license terms constitute the Fotodijit Automatic Pattern Digitizing Software End User License Agreement between Tematek Tekstil ve Bilişim Sistemleri Sanayi Ticaret Limited Şirketi (Tematek) and you (the End User). The End User may be either a natural person or a legal entity. This agreement grants a License of Use, which covers the rights to install, run, use, display, store, and back up the software on a computer. These terms also apply to any software updates, add-ons, and support services related to the software.
The software is protected under the relevant provisions of the Turkish Republic’s Intellectual and Artistic Works Law and the Turkish Penal Code. Any unlawful copying or similar actions outside the scope of this license are punishable under the relevant articles of these laws.
By complying with the terms of this license, the End User will have the rights specified below.
1) INSTALLATION AND USAGE RIGHTS
During installation, an activation number specific to the computer on which the software is installed will be generated and provided by Tematek to ensure the operation of the software and its submodules. The End User is permitted to install the software on one single computer.
The license to use this software may not be sold, transferred, rented, or shared with a third party (whether paid or unpaid). Installation without the knowledge of the license provider is prohibited.
The End User may not:
Distribute the software together with other programs for development purposes,
Alter copyright, trademark, or patent notices,
Distribute the software with harmful, deceptive, or unlawful software,
Modify or distribute the software in a way that places any part of it under an external license.
The End User is not permitted to:
Generate their own activation number,
Use additional software to bypass or alter the activation mechanism,
Tamper with the software to run it independently of the activation number,
Circumvent technical limitations,
Reverse-engineer, decompile, or disassemble the software,
Create more copies than permitted in this agreement,
Publish the software for others to copy, rent, lease, or sublicense it.
All rights of processing, developing, distributing, reproducing, representing, and transmitting the software belong exclusively to Tematek. If any derivative works are created by modifying the software, the intellectual property rights of the new work shall also belong to Tematek, which reserves the right to pursue legal action without prior notice.
2) BACKUP COPY
The End User may create one backup copy of the software. This backup may only be used for reinstallation purposes.
3) SOFTWARE UPDATES
Tematek guarantees the version of the software available on the purchase date. This guarantee does not entitle the End User to install or use higher versions free of charge. The update guarantee applies only to the software itself and does not cover any additional modules later added to work with the software.
4) DOCUMENTS
Any person with valid access to the End User’s computer or internal network may copy and use the models, data, print, and drawing files generated by the software for internal use within the organization.
5) TRANSFER TO ANOTHER COMPUTER
The End User is free to delete and reinstall the software on the same computer. Installation on another computer is limited to the number permitted in this agreement.
However, installation on a different device may not be done for the purpose of sharing the license across devices. When installing on a new computer, the End User must notify Tematek in writing and obtain a new activation key specific to the new device.
6) GOVERNING LAW
Within the Republic of Turkey, the interpretation of this agreement and any alleged breaches are subject to the laws of the Republic of Turkey, without regard to conflict of law rules. Consumer protection laws, unfair competition, and tort claims are also governed by Turkish law.
7) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The software is licensed “as is.” The risks associated with its use are borne by the End User. No explicit guarantees or warranties are provided.
Tematek and its suppliers are not liable for:
Loss of profits, special, indirect, or incidental damages,
Damages caused by hardware failures, operating system errors, network issues, electrical failures, viruses, or user mistakes,
Any material or moral damages, even if Tematek was informed in advance of such risks.
The End User is solely responsible for backing up data generated while using the software. Tematek is not responsible for data loss caused by improper or incorrect usage of the software.
The maximum liability of Tematek is limited to the license fee paid by the End User at the time of purchase.
8) CONFIDENTIALITY
For the purposes of this License Agreement, “Confidential Information” means all financial, marketing, technological, or business-related information exchanged between the parties in written, oral, visual, electronic, or any other form, including information disclosed before the signing of this agreement. Unless otherwise stated, all information disclosed by one party to the other shall be considered confidential.
Both parties may disclose confidential information to each other during the course of business. The receiving party agrees not to disclose such information to third parties. This obligation does not apply if:
The information was already known by the receiving party before disclosure,
The information becomes public without fault of the receiving party,
The information is provided by a third party not under confidentiality obligations,
The information is independently developed by the receiving party without reference to the disclosed information.
If disclosure of confidential information is required by applicable law, regulation, or a valid binding order of a court or administrative authority, the receiving party must promptly notify the disclosing party so that protective measures can be taken. Disclosure will then be limited to what is strictly required under law or order.
All rights to the Fotodijit Automatic Pattern Digitizing Software are owned by Tematek Tekstil ve Bilişim Sistemleri Sanayi Ticaret Limited Şirketi.