ONLINE LICENSE AGREEMENT

  1. This Online License Agreement (hereinafter referred to as “Agreement”) is made in order to define the terms of using the web site; t-appz.com (hereinafter referred to as “Site”) and the t-appz application (hereinafter referred to as “Application”).
  1. The sole owner of the site and the application is TMOBTECH INC. (hereinafter referred to as “TMOB/Seller”)
  2. This Agreement will be made between TMOB and the Licensee. The information of the parties is as follows. The information of the Licensee will be used when issuing the invoice.

3.1. TMOB/SELLER

TMOBTECH INC

Address: 530 Lytton Ave, 2nd Floor Palo Alto, CA 94301 USA

Telephone:

E-mail: sales@t-appz.com

3.2. USER/LICENSEE

Name-Surname/Title:

Address:

Telephone:

E-mail:

  1. This Agreement is made by and between TMOB and the User/Licensee for the term of the license with the license conditions that is designated within this Agreement. User/Licensee chooses the license term and the license fee in its order form. This Agreement will be deemed as in effect between parties when accepted online, the order form is fully and correctly completed and the license fee is paid in full. After the Agreement is accepted online, it is User/Licensee’s responsibility to print out the hard copy of the Agreement and store. This is highly recommended by TMOB.
  1. Those who benefit from the services and the application offered on the site or any natural or legal person who access to the site and application are deemed to have agreed to the following terms and conditions. TMOB reserves the right to change the conditions specified in this contract at any time without any notice to the User/Licensee. These changes will be published periodically on the site and will enter into force at the date of issue. Any natural or legal persons who benefit from and access to the site accept any changes made to the provisions of this agreement by TMOB in advance.
  1. DEFINITIONS:
  • SITE: means the internet site by which various services, contents and the application are provided within scope determined by TMOB, accessed via online environment, main domain name www.t-appz.com and subdomains attached to this domain.
  • APPLICATION: means the T-appz application, which is solely designed, produced and legally owned by TMOB.
  • USER/LICENSEE: mean all real and legal persons who access to the site and start to use the Application by paying the license fee.
  • CONTENT: means any information, text, file, drawing, image, video, audio, etc. figure, written and visual imagery published or accessed on the site and the application.
  • LICENSE FEE: means the fee that the User/Licensee shall pay before starting to use the application.
  • TMOB DATABASE: means the database in which the content accessed on site is stored, classified, can be queried and accessed, that belongs to TMOB and protected in accordance with the Law No. 5846 on Intellectual and Artistic Works.
  • ONLINE (DISTANCE) LICENSE AGREEMENT: means the electronic agreement that specifies the conditions for benefiting from services and application offered by TMOB on the site and application; concluded between TMOB and User/Licensee during the membership registration process as a result of the approval given by the User/Licensee via electronic means, which is an integral part of this website’s terms of use.
  1. TERMS AND CONDITIONS OF THE SITE AND THE APPLICATION
  • User/Licensee is granted the non-exclusive and non-transferrable license of the application limited with the designated term and conditions by paying the license fee of the application. The license fee and the license terms are defined in the service order form.
  • User/Licensee shall take all reasonable security measures to prevent unauthorized access to the application as established and maintained by Licensee. At all times hereunder, User/Licensee shall remain liable for ensuring that all authorized use shall be in compliance with the terms of this Agreement. User/Licensee shall not sublicense, lease, rent, sell, donate, assign or transfer the application or the rights granted hereunder or make copies of the application except as expressly authorized hereunder.
  • User/Licensee accepts and undertakes not to copy, reproduce, distribute, process any image, drawing, text, visual and auditory image, video clip, file, database, catalog and list, including but not limited to, any content displayed on the site and application, and used by TMOB, unless otherwise stated by TMOB, or compete directly and/or indirectly with TMOB with these actions or through other means.
  • User/Licensee is liable to use the information he accessed on the site and application only for the purposes and conditions TMOB disclosed.
  • TMOB can give links on the site, to other web sites and/or contents and/or files beyond its control and owned and operated by other third parties. These links are provided solely for ease of reference, and don’t constitute any representation or warranty for supporting related websites or the persons. TMOB has no responsibility for the web sites, files and contents accessed through the links on the site, as well as services or products or their content provided on the web site accessed through those links.
  • TMOB does not have any responsibility for product drawing samples on this site therefore the User/Licensee can not hold TMOB responsible directly and/or indirectly in any way.
  • TMOB may use, disclose, process, share, store on a database the information transmitted by the User/Licensee on the site in accordance with the provisions of the “Privacy Policy” and Agreement, TMOB also may use the information such as the identity of that user or visitor, address, e-mail address, phone number, IP address, visited part of the site, domain type, browser type, date and time information for statistical evaluation and particular services.
  • It is prohibited to get information intensively from TMOB database in order to obtain the content accessed and/or viewed through the site. For the persons who fail to comply with this prohibition, and download intensively information from TMOB database, criminal proceedings shall be initiated by TMOB.
  • The Privacy Policy and the service order form that is filled with User/Licensee is an integral part of this Agreement.
  1. PAYMENT

User/Licensee shall use any of the payment options designated in the site to make the license fee payment. User/Licensee shall disclose the true and real information of its own like; title, tax number, tax office, address, telephone during the payment. TMOB shall not be responsible of issuing the wrong invoice with this wrong information. If the payment option is chosen as a credit card, the credit card usage agreement and its conditions are not related with this Agreement, it is by and between the Bank and the credit card holder. In case the payment is not charged from the given credit card and/or the credit card transaction is objected and TMOB is not paid by the Bank, TMOB reserves the right to suspend the application and follow up the legal procedure in order to charge the license fee.

  1. INTELLECTUAL PROPERTY RIGHTS

The information accessed through this site and application or provided by TMOB and the elements of the site and application (including but not limited to TMOB database, TMOB ınterface, design, text, image, html code and other codes) (all shall be referred to as TMOB’s works subject to copyright) owned by TMOB and/or “are obtained by TMOB” under a license from a third party. User/Licensee doesn’t have the right to resell, manipulate, share, distribute, exhibit the “TMOB’s” services, “TMOB” information and TMOB’s copyrighted works, or allow the access or use to the third parties. In compliance to these Terms of Agreement, they cannot reproduce, manipulate, distribute or modify TMOB’s copyrighted works without explicit permission of TMOB.

In the event that TMOB doesn’t give any explicit authorization in compliance to these terms of Agreement, TMOB reserves all rights on TMOB services and the application, TMOB information, TMOB copyrighted works, TMOB trademarks, TMOB commercial image, or any assets and information it provided through this site and the information of the group companies.

  1. TERMINATION

User/Licensee shall terminate this Agreement with a written notice. In case of any termination made by the User/Licensee, license fee shall not be paid back. If the Agreement is terminated by TMOB with a written notice than the license fee for the unused term of the license period shall be paid after deducted the amount of the given promotion, presents and other extra benefits.

  1. RIGHT TO ALTER THE AGREEMENT

TMOB can change this Agreement entirely at its own discretion at any time by making an announcement on the site. The amended provisions of Agreement will become effective on the date of their announcement. The Agreement cannot be changed by unilateral declarations of the User/Licensee.

  1. FORCE MAJEURE

In all cases judicially considered force majeure, TMOB is not liable for due to the delay or non-performance of Agreement and privacy policy. Similar cases like this shall not be deemed delay; non-performance or default for TMOB, and TMOB will not be liable to pay any indemnification. “Force majeure” means the events outside the reasonable control of the party concerned and TMOB could not avoid in the due diligence, including but not limited to, natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power failures and bad weather conditions are included in the force majeure event.

  1. APPLICABLE LAW AND JURISDICTION

In the event that there is an element of foreignness for the implementation and in the interpretation of the Agreement and for the management of legal relations derived from this Agreement law of Texas will be applied. For the settlement of any dispute arising out of this agreement, State and Federal Courts located in Austin, Texas, United States of America is authorized.

  1. EFFECT AND ACCEPTANCE

This Agreement will enter into force once published on the site by TMOB. Users/Licensees are deemed to accept the provisions of this Agreement by using the site and application.

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