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
A unique key, generated specifically for the computer where the software will be installed, will be provided by Tematek to enable the operation of the software and its sub-modules. The End User is authorized to install the software on one computer only. The usage license cannot be sold, transferred, rented, or provided to third parties, either for a fee or free of charge. The End User cannot install the software without the knowledge of the license provider. The End User may not distribute the software along with other software intended to enhance its functionality, alter copyright, trademark, or patent notices within the software, distribute the software alongside harmful, deceptive, or illegal programs, or modify/distribute the software in a way that subjects any part of it to an external license.
The End User may not duplicate, copy, deactivate, or substitute the electronic key (key-dongle) provided with the software or interfere with the software to operate it independently of the key. The End User is prohibited from producing solutions that exceed the technical limitations of the software, performing reverse engineering, converting the software into source code, decompiling it, creating more copies than allowed under this agreement, publishing the software for others to copy, renting, leasing, or lending the software. The rights to process, develop, distribute, duplicate, represent, and transmit the software are reserved by Tematek. If any part of the software is processed to create a new work, the intellectual property rights of the new work will also belong to Tematek. Tematek reserves the right to pursue all legal actions against violations without any need for prior notice.
The usage license covers the rights to install, operate, use, and back up the software.
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.