ATLANTIS PLATFORM: TERMS OF SERVICE
These Terms of Service ("Terms") set forth the legal agreement between you ("Customer" or "you") and Atlantis Platform ("Provider," "we," "us," or "our") regarding your use of the software products and services provided (collectively, the "Software"). By downloading, installing, accessing, or using the Software, you agree to be bound by these Terms. If you do not agree, you must not download, install, or use the Software.
You hereby declare that you have read and understood all terms and conditions of this Agreement in its entirety. It is expressly accepted that the language of this Agreement is Turkish, and you waive any rights to require the localization of the Agreement in accordance with any applicable laws or regulations that may require the signing, delivery, or retention of original (non-electronic) or non-electronic records (unless prohibited by applicable laws). If you wish to send any notification to Atlantis Platform under this Agreement, it should be sent to: info@atlantisplatform.com.
IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE USING THE SOFTWARE.
BY CONTINUING TO DOWNLOAD, INSTALL OR USE THIS SOFTWARE, OR BY RECEIVING A LICENSE KEY FOR THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, CLICK "I DO NOT ACCEPT", DO NOT INSTALL OR USE THE SOFTWARE, AND DELETE THE SOFTWARE FROM YOUR COMPUTER SYSTEM. BY INSTALLING OR USING THE SOFTWARE OR CLICKING ON THE "I ACCEPT" BUTTON, ON BEHALF OF YOURSELF AND YOUR EMPLOYER, YOU CONFIRM THAT YOU HAVE CAREFULLY READ THIS SOFTWARE SUBSCRIPTION AGREEMENT, AND YOU AND YOUR EMPLOYER AGREE TO BE BOUND BY THIS AGREEMENT. YOUR EMPLOYER HAS INFORMED YOU OF THE RELEVANT TERMS OF THIS AGREEMENT THAT MAY BE BINDING ON YOU. THIS AGREEMENT WILL GOVERN THE INSTALLATION AND USE OF THE SOFTWARE PLACED ELECTRONICALLY.
THIS SOFTWARE SUBSCRIPTION AGREEMENT shall be valid as of the date when the Customer acquires a License Key or purchases a license for any Software, as defined in Section 14 below. The use of the Licensed Software, as defined below, will be subject to the conditions of the Purchase Order, which will be between the Customer and an Atlantis4Bilisim IT company ("Atlantis Platform"), and in the case of any Software, where temporary License Keys have been delivered, the customer or License Software purchaser will be indicated in the purchase order regarding the license granted according to which.
GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
You acknowledge that you have read, understood, and agree to these Terms and any applicable Purchase Orders. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization and its affiliates to these Terms.
2. DEFINITIONS
For purposes of these Terms, the following terms shall have the meanings set forth below:
(a) "Agreement": The collective reference to these Terms, any accompanying appendices, Purchase Orders, and any amendments or modifications made herein.
(b) "Confidential Information": Any non-public information disclosed by either party, including but not limited to technical data, trade secrets, product specifications, pricing information, and any other information that is either marked as confidential or would reasonably be considered confidential under the circumstances of its disclosure.
(c) "Error": A reproducible defect or malfunction in the Licensed Software that prevents it from operating in accordance with the Licensed Documentation.
(d) "Licensed Documentation": User manuals, installation guides, and other instructional materials provided by the Provider for the Software use.
(e) "Licensed Materials": The Licensed Software and all Licensed Documentation.
(f) "Licensed Software": The object code version of any software specified in the Purchase Order, including all associated updates and enhancements.
(g) "License Key": A unique code that enables the activation of the Licensed Software.
(h) "Maintenance Services": Technical support and maintenance services provided by the Provider as specified in these Terms.
(i) "Purchase Order": A document submitted by you to the Provider detailing your order for licenses or services, including pricing and delivery terms.
(j) "Reseller": Authorized third parties who sell or distribute the Software on behalf of the Provider.
3. GRANT OF LICENSE
(a) License Grant: Subject to your compliance with these Terms, the Provider grants you a non-exclusive, non-transferable license to install and use the Licensed Software on hardware controlled by you during the License Term.
(b) Restrictions: You shall not, without prior written consent from the Provider:
(i) Reverse engineer, decompile, or disassemble the Licensed Software;
(ii) Modify, adapt, or create derivative works of the Software;
(iii) Use the Software for any unauthorized purpose;
(iv) Transfer or sublicense the Software to any third party without express permission.
(c) License Key: You must use the License Key provided by the Provider to activate the Software. You are responsible for safeguarding the License Key and any associated account information.
(d) Backup Copies: You may create a reasonable number of backup copies of the Licensed Software solely for disaster recovery purposes.
4. PAYMENT TERMS
(a) Fees: You agree to pay all fees associated with the Purchase Order as specified therein. All payments shall be made in accordance with the agreed-upon payment terms.
(b) Payment Method: Payments shall be made via the payment method specified in the Purchase Order. You are responsible for providing accurate billing information.
(c) Taxes: All fees do not include applicable sales, use, or value-added taxes. You will be responsible for any such taxes applicable to your purchase.
5. DELIVERY AND ACCEPTANCE
(a) Delivery: The Provider shall deliver the Licensed Materials electronically via a secure download link or other specified means upon receipt of the Purchase Order.
(b) Acceptance: You shall have a period of [insert timeframe, e.g., 14 days] from the delivery of the Software to review and accept the Software. If you do not provide written notice of acceptance or rejection within this timeframe, the Software shall be deemed accepted.
6. MAINTENANCE AND SUPPORT
(a) Maintenance Services: The Provider shall offer Maintenance Services as specified in the Purchase Order. This includes error correction and updates as made available by the Provider.
(b) No Guarantee: The Provider does not guarantee that the Software will be error-free or uninterrupted.
7. OWNERSHIP AND INTELLECTUAL PROPERTY
(a) Ownership: You acknowledge that all rights, title, and interest in and to the Licensed Software and the Licensed Documentation remain solely with the Provider. You receive no rights to the Software except as expressly granted herein.
8. WARRANTIES AND DISCLAIMERS
(a) Limited Warranty: The Provider warrants that the Software will operate substantially in accordance with the Licensed Documentation. Should the Software fail to conform, your sole remedy will be, at the Provider’s option, either repair, replacement, or refund of the purchase price.
(b) Disclaimer: Except for the limited warranty stated above, the Software is provided "as is" without any other warranties of any kind, either express or implied.
9. INDEMNIFICATION
(a). You agree to indemnify and hold harmless the Provider from any claims, damages, losses, or expenses arising out of your use of the Software beyond the intended purposes specified in these Terms.
10. LIMITATIONS OF LIABILITY
(a). In no event shall the Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits or revenues, arising from these Terms or your use of the Software.
11. CONFIDENTIALITY
(a). You agree to keep all Confidential Information of the Provider in strict confidence and not disclose such information to any third party without prior written consent.
12. TERMINATION
(a) Termination Rights: Either party may terminate this Agreement by providing thirty (30) days’ written notice to the other party.
(b) Effect of Termination: Upon termination, you must cease all use of the Software and return or destroy all copies of the Software in your possession.
13. EXPORT CONTROL
(a). You agree to comply with all applicable export control laws and regulations in connection with your use of the Software.
14. MISCELLANEOUS
(a) Assignment: You may not assign or transfer your rights under this Agreement without the Provider's prior written consent.
(b) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Turkish.
(c) Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations.