License Agreement
DesignCad Computerized Pattern Grading and Marker Making Software User License Agreement
This license agreement constitutes the DesignCad Computerized Pattern Grading and Marker Making Software User License Agreement between Tematek Textile and Information Systems Industry and Trade Limited Company (Tematek) and you (the End User). The End User may be a legal entity or an individual. This agreement covers the rights to install, operate, use, display, store, and back up the software. These terms also apply to all software updates, additions, and support services related to the software. The copyrights for the software are protected under the relevant provisions of the Intellectual and Artistic Works Law and the Turkish Penal Code of the Republic of Turkey. Any illegal copying or similar actions outside the scope of the usage license will be penalized under these laws.
The End User will have the rights specified below, provided they comply with these license terms.
1) INSTALLATION AND USAGE RIGHTS
The key, which is generated specifically for the computer on which the software will be installed and which ensures the operation of the software and its sub-modules, shall be supplied by Tematek. The end user may install the software on only one computer. The usage license may under no circumstances be sold, transferred, leased, or otherwise made available, whether for a fee or free of charge, to any third party, natural or legal person. The end user may not install the software without the knowledge of the license provider. The end user may not distribute the software together with other software intended to enhance its functions, may not alter copyright, trademark, or patent notices contained in the software, may not distribute the software together with harmful, deceptive, or illegal programs, and may not alter or distribute the software in such a way that any part of it becomes subject to a license other than the one granted herein.
The end user may not copy, reproduce, disable, or use any alternative key or software performing the same function as the electronic key (key/dongle) provided with the software, nor may they interfere with the software or use other software to make the software run independently of the key. The license key (key/dongle) delivered with the software is entirely the responsibility of the end user. In the event that the key is lost, damaged, stolen, or rendered unusable for any reason, the end user may not request a new key free of charge from Tematek, nor may they demand any compensation, damages, or reimbursement. In such cases, all responsibility rests with the end user.
The end user may not create solutions to circumvent the technical limitations of the software, may not perform reverse engineering, may not decompile or disassemble the software, may not create more copies of the software than permitted by this agreement, may not make the software available for copying by others, may not rent, lease, or lend the software, nor sell it under financial leasing.
The rights of processing, developing, disseminating, reproducing, representing, and transmitting the software belong to Tematek. In the event that a new work is created by processing or developing the software in whole or in part, the intellectual property rights of such new work shall belong to Tematek, and Tematek reserves the right to pursue any and all legal remedies against the parties concerned without prior notice.
The usage license covers the rights to install, run, use, and back up the software on the computer.
2) BACKUP COPY
The End User may create a single backup copy of the software, which may only be used for reinstalling the software.
3) SOFTWARE UPDATES
Tematek guarantees the version of the software purchased by the End User at the time of purchase but does not provide free updates or usage rights for higher versions. The update guarantee provided by Tematek applies only to the software and does not include additional modules that may be added later to work alongside the software.
4) DOCUMENTATION
Any person with valid access to the End User's computer or internal network may copy and use the models, data, printer, and drawing files generated by the software for internal organizational purposes.
5) TRANSFERRING TO ANOTHER COMPUTER
The End User is free to delete and reinstall the software on the same computer. However, the software can only be installed on the number of devices permitted under this agreement. To install the software on a new computer, the End User must notify Tematek in writing and obtain a new key specifically generated for the new device.
6) GOVERNING LAW
Within the Republic of Turkey, the interpretation of this agreement and any claims of its violation will be subject to Turkish law, without regard to international conflict of laws principles. All other claims, including those under consumer protection, unfair competition, or tort law, will also be governed by Turkish law.
7) LIMITATIONS AND LIABILITY EXCLUSIONS
The software license is provided "as is." The risks associated with using the software lie solely with the End User. No explicit guarantees or warranties are provided. Tematek and its suppliers are not liable for direct damages, loss of profits, or any incidental, indirect, or special damages. Tematek and its suppliers are also not responsible for any data loss caused by operating system or hardware failures, network connection issues, electrical faults, viruses, or user errors, regardless of prior notice about potential damages. The responsibility for backing up data created through the use of the software lies with the End User. Tematek is not liable for data losses resulting from improper or incorrect use of the software. Tematek’s financial liability is limited to the license fee paid by the End User at the time of purchase.
8) CONFIDENTIALITY
Under this License Agreement, "Confidential Information" refers to any financial, marketing, technological, or other business information shared in written, verbal, visual, electronic, or any other form between the parties. This includes information shared before the date of this License Agreement. Unless otherwise explicitly stated, all information disclosed by one party to the other will be considered confidential.
Both parties may disclose confidential information during their business activities. The receiving party agrees not to disclose confidential information to any third party. However, this obligation does not apply if the information was already known to the receiving party, publicly disclosed without fault, provided by a third party not bound by confidentiality, or independently developed by personnel unaware of the disclosed information.
If disclosure of confidential information is required by law, regulation, or a binding court or administrative order, the receiving party must notify the disclosing party promptly to allow protective measures to be taken.
All rights to the DesignCad Computerized Pattern Grading and Marker Making Software are reserved by Tematek Textile and Information Systems Industry and Trade Limited Company.