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INTRODUCTION
This End-User License Agreement (including the Supplemental Terms, as licable) (hereinafter "EULA") is a
legal agreement between you and OTHELLO SOFTWARE LTD Company ("we", "OTHELLO SOFTWARE LTD", "us" or "our").
By installing or
otherwise using the OTHELLO SOFTWARE LTD, you: (a) agree to be bound by the terms and conditions of this
EULA, (b) you
represent and warrant that you own or control the mobile device in which the OTHELLO SOFTWARE LTD will be
installed,
and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA
and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this
EULA also to any OTHELLO SOFTWARE LTD updates, supplements, and services that are not provided under a
separate
license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not
install or use any OTHELLO SOFTWARE LTD. We may amend these terms and conditions from time to time. If the
changes
include material changes that affect your rights or obligations, we will notify you of the changes by
reasonable means. You acknowledge that an in- message which notifies you of such changes when you open up
the OTHELLO SOFTWARE LTD shall constitute reasonable means. Your continued use of the OTHELLO SOFTWARE LTD
after we post any
amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any
amendment, you must discontinue using the OTHELLO SOFTWARE LTD. If you have any questions or concerns
regarding the
terms or conditions herein, please email us at “hello@OTHELLO SOFTWARE LTD.com. Do not use the OTHELLO
SOFTWARE LTD until your
questions and concerns have been answered to your satisfaction and you agree to abide by the EULA. Notice to
consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot
be waived through this EULA and that is in addition to the terms of this EULA, and certain provisions of
this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is
unenforceable, the remainder of the EULA shall remain in full force and effect. Use of the OTHELLO SOFTWARE
LTD is
subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also
includes any additional payment terms and other requirements set forth on the download or purchase page
through which you purchase or download the OTHELLO SOFTWARE LTD. The OTHELLO SOFTWARE LTD may be available
through marketplaces
that distribute mobile and that may have additional terms, conditions and usage rules that govern your use
of the OTHELLO SOFTWARE LTD if you download or install the OTHELLO SOFTWARE LTD through such marketplaces.
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AGE REQUIREMENT
You must be 13 (thirteen) years of age or older to install or to use the OTHELLO SOFTWARE LTD. If you are
at least 13
but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss
any questions you might have, and install the OTHELLO SOFTWARE LTD for you. NOTICE TO PARENTS AND GUARDIANS:
By
granting your child permission to download and access an OTHELLO SOFTWARE LTD, you agree to the terms and
conditions
of this EULA on behalf of your child. You are responsible for exercising supervision over your children's
online activities. If you do not agree to this EULA, do not let your child use the OTHELLO SOFTWARE LTD or
associated
features. If you are the parent or guardian of a child under 13 (including 13) and believe that he or she is
using the OTHELLO SOFTWARE LTD, please contact us at "hello@OTHELLO SOFTWARE LTD.com".
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GRANT OF LICENSE
Subject to your compliance with the terms and conditions of this EULA, OTHELLO SOFTWARE LTD grants you a
limited,
non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the
most current generally available version of the OTHELLO SOFTWARE LTD on a single, authorized mobile device
that you
own or control solely for your lawful, personal, and non-commercial entertainment use.
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DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Restricted Use:You may not rent, sell, lease, sublicense, distribute, assign,
copy (other than a single copy for your own backup purposes), or in any way transfer or grant any
rights to the OTHELLO SOFTWARE LTD or use the OTHELLO SOFTWARE LTD for the benefit of any third party.
Unless expressly
authorized by US or permitted under the mobile platform terms, you are prohibited from making the
OTHELLO SOFTWARE LTD available over a network where it could be downloaded or used by multiple users.
You
agree that you will not use any robot, spider, other automatic or manual device or process to
interfere or attempt to interfere with the proper working of the OTHELLO SOFTWARE LTD, except to remove
our
OTHELLO SOFTWARE LTD from a mobile device which you own or control. You may not violate or attempt to
violate
the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or
otherwise tamper with any OTHELLO SOFTWARE LTD, or attempt to do so for any reason or by any means. You
may
not access, create or modify the source code of any OTHELLO SOFTWARE LTD in any way. You do not have the
right
to and may not create derivative works of any OTHELLO SOFTWARE LTD or any portions thereof. All
modifications
or enhancements to the OTHELLO SOFTWARE LTD remain the sole property of US.
- OTHELLO SOFTWARE LTD Updates:We reserve the right to add or remove features or
functions to
existing OTHELLO SOFTWARE LTD. When installed on your mobile device, the OTHELLO SOFTWARE LTD
periodically communicate
with our servers. We may require the updating of the OTHELLO SOFTWARE LTD on your mobile device when we
release a new version of the OTHELLO SOFTWARE LTD, or when we make new features available. This update
may
occur automatically or upon prior notice to you and may occur all at once or over multiple sessions.
You understand that we may require your review and acceptance of our then-current EULA before you
will be permitted to use any subsequent versions of the OTHELLO SOFTWARE LTD. You acknowledge and agree
that
any obligation we may have to support previous versions of the OTHELLO SOFTWARE LTD may be ended upon
the
availability of updates, supplements or subsequent versions of the OTHELLO SOFTWARE LTD. You acknowledge
and
agree that we have no obligation to make available to you any updates, supplements or subsequent
versions of the OTHELLO SOFTWARE LTD.
- Access:You must provide at your own expense the equipment, Internet connections,
devices and service plans to access and use the OTHELLO SOFTWARE LTD. If you access an OTHELLO SOFTWARE
LTD through a
mobile network, your network or roaming provider's messaging, data and other rates and fees may ly.
You are solely responsible for any costs you incur to access the OTHELLO SOFTWARE LTD from your device.
Downloading, installing or using certain OTHELLO SOFTWARE LTD may be prohibited or restricted by your
network
provider and not all OTHELLO SOFTWARE LTD may work with your network provider or device. OTHELLO
SOFTWARE LTD makes no
representation that the OTHELLO SOFTWARE LTD can be accessed on all devices or wireless service plans.
OTHELLO SOFTWARE LTD makes no representation that the OTHELLO SOFTWARE LTD are available in all
languages or that the
OTHELLO SOFTWARE LTD are ropriate or available for use in any particular location.
- Purchases & Cancellation Rights:(A) Where you purchase from a third party:
Certain OTHELLO SOFTWARE LTD are available for purchase from a mobile platform owner (e.g. le or Google
or any
other mobile platform) and/or will allow you to make an in-project purchase. Payment for such
purchases may be processed by third parties who act on our behalf or directly by the mobile platform
owner. European Union residents normally have a right to cancel online purchases within 14 days of
making them. Please note and acknowledge: if you are resident in the European Union and download
OTHELLO SOFTWARE LTD from a mobile platform owner (e.g. le or Google), you may not be able to cancel
your
order or obtain a refund. Please review the mobile platform owner's terms in this regard before
purchase. This may also ly to subscriptions and in- purchases. You can find further information on
cancelling orders and any associated refunds on the website of the third party re-seller from whom
you purchased the (for example, the le Store or the Google Play Store). (B) Where you purchase from
OTHELLO SOFTWARE LTD directly: Please note and acknowledge: if you are resident in the European Union
and
download an OTHELLO SOFTWARE LTD from OTHELLO SOFTWARE LTD directly, you agree to waive your
cancellation and refund
right once the download of the or the relevant purchase is made. This means that you will not be
able to cancel your order or obtain a refund once the download and delivery of the are complete.
This will also ly to subscriptions and in- purchases. You can find further information on cancelling
orders and any associated refunds from the relevant section of the OTHELLO SOFTWARE LTD website.
- Subscription Services:Certain OTHELLO SOFTWARE LTD on the le Store and Google
Play Store
will allow you to obtain the benefit of the project on a subscription basis. Payment for such a
subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be
processed in the project, by third parties who act on our behalf or directly by the mobile platform
owner (e.g., le or Google). Free trial subscriptions may be cancelled at any point up to 24 hours
before the expiry of the free trial (le) or at any time before the end of the trial period (Google).
See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription
service at any time during the subscription period via the subscription settings in your iTunes or
Android account. The cancellation will take effect after the last day in the relevant subscription
period. See above in paragraph 4 ("Purchases & Cancellation Rights") for further
information.
- Trial Periods:Certain of our subscription services on the le Store and Google
Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You
are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes
or Android account. Please note: your free-trial subscription will automatically renew as a paid
subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial
subscription period (le) or (b) you cancel before the end of the trial period (Google).
- Online Dispute Resolution:If you reside in the European Union, you can find
information about online dispute resolution here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we
reserve the right not to participate in forms of alternative dispute resolution. For further
information, please contact: "hello@OTHELLO SOFTWARE LTD.com".4.8. Coins in the Environment: Through
your use
of OTHELLO SOFTWARE LTD , you may accrue virtual "Coins" that may be used and virtually spent in the
environment. Coins are a limited license right distributed at our discretion, may only be used with
respect to virtual items and services made available in the environment, and are not redeemable for
monetary value. In addition to the Coins that you may virtually accrue, you may also purchase Coins.
Payments for Coins may be made through an in- purchase (more details about which can be found here).
Please note: we may limit the number of Coins or the total monetary value of Coins that you may
purchase at one time, or over a given period of time, in our sole discretion. Newly purchased Coins
credits may not be available for immediate use. If you make any unauthorized purchases of Coins, or
if any of your purchase of Coins leads to charge-reversals, chargebacks, disputed charges, dispute
fees, or any allegation of payment fraud, we may terminate your account, with or without notice, in
our sole and absolute discretion. All purchases of Coins are FINAL and non-refundable, except in our
sole and absolute discretion. Once you purchase Coins, you cannot return them. If your account is
cancelled or terminated by you or by us, for any reason, you will lose and forfeit any outstanding
Coins The virtual items that you may virtually acquire or use in the environment are a limited
license right granted by us and you do not acquire any ownership right to any such virtual items. We
may terminate such license right and withdraw or discontinue any virtual item in the Site
environment or may remove your right to use any particular virtual item or service. Any exchanges of
coins for virtual items are non-reversible. The virtual items that you may virtually acquire or use
in the environment are a limited license right granted by us and you do not acquire any ownership
right to any such virtual items. We may terminate such license right and withdraw or discontinue any
virtual item in the Site environment or may remove your right to use any particular virtual item or
service. Any exchanges of coins for virtual items are non-reversible. Aside from the limited license
to use virtual items or services as described above, you agree that you will not gain any right,
title or interest whatsoever in the Coins, or virtual items or services and that you may not trade,
sell, transfer or transact Coins, or virtual items or services in any manner except as permitted in
the environment. You may not sell or trade the time taken to accrue Coins. Any transaction in Coins
or virtual items or services via online auction sites or other channels outside the Services is
strictly prohibited. You may not use cheat programs, including non-OTHELLO SOFTWARE LTD software
programs, to
accrue Coins or virtually acquire Coins. We may immediately terminate your account if it comes to
our attention that you have accrued, virtually acquired or used Coins in any non-permitted
manner.
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COVENDI 360 FUNCTIONALITY
OTHELLO SOFTWARE LTD allow you to enjoy various features, functionalities and services, which may change
from time to
time (collectively, the "OTHELLO SOFTWARE LTD functions"). The OTHELLO SOFTWARE LTD functions are provided
by US and third party
suppliers who offer content and/or services in conjunction with or through the OTHELLO SOFTWARE LTD (the
"Third Party
Partners"). OTHELLO SOFTWARE LTD functions may provide you with location data for basic navigational
purposes only and
are not intended to be relied upon in situations where precise location information is needed or where
erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or
environmental damage. Neither US, nor any of its Third Party Partners, guarantee the availability, accuracy,
completeness, reliability, or timeliness of location data displayed by any OTHELLO SOFTWARE LTD.
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THIRD-PARTY PARTNERS
- Third-Party Services and Content:The OTHELLO SOFTWARE LTD may integrate, be
integrated
into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or
content. If you are installing an OTHELLO SOFTWARE LTD that includes third party services and third
party
content, such services and content are subject to such third party's terms of services and privacy
policies, which may be found on the relevant Third Party Partner's website. OTHELLO SOFTWARE LTD may
provide
access or links to Third Party Partner websites or resources. WE have no control over such websites
and resources, and you acknowledge and agree that OTHELLO SOFTWARE LTD is not responsible for the
availability
of such external websites or resources, and does not endorse nor is responsible or liable for any
content, advertising, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that OTHELLO SOFTWARE LTD shall not be responsible or liable, directly
or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content (as defined below), goods or services available on or through any such
website or resource. OTHELLO SOFTWARE LTD will not be a party to or in any way be responsible for
monitoring
any transaction between you and Third-Party Partners.
- Access to Third-Party Services and Content through OTHELLO SOFTWARE LTD:All
services,
advertising, feeds and content, including without limitation, all data, links, articles, graphic or
video messages and all information, text, software, music, sound, graphics or other materials
("Content") made available or accessible through an OTHELLO SOFTWARE LTD , whether publicly available or
privately transmitted, is the sole responsibility of the entity or person from whom it originated.
You hereby acknowledge and agree that by using an OTHELLO SOFTWARE LTD you may be exposed to Content
that may
be offensive, indecent or objectionable in your community. You agree to accept all risks associated
with the use of any Content, including any reliance on the accuracy or completeness of such Content.
Under no circumstances will OTHELLO SOFTWARE LTD be liable in any way for any Content created by or
originating with entities other than OTHELLO SOFTWARE LTD, including, but not limited to, any errors or
omissions in any such Content, or for loss or damage of any kind incurred as a result of the
transmission or posting of such Content by means of an OTHELLO SOFTWARE LTD.
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SECURITY
OTHELLO SOFTWARE LTD, like other consumer technologies, may not be 100% secure. By accepting this EULA you
acknowledge,
express and accept that the OTHELLO SOFTWARE LTD and any information you download or offer to share by means
of an
OTHELLO SOFTWARE LTD, may be exposed to unauthorized access, interception, corruption, damage or misuse, and
cannot be
regarded as 100% secure. You accept all legal and responsibility for such security risks and any damage
resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized
access, including by such means as using complex password protection and, for Android users, enabling device
encryption in your settings. You agree that OTHELLO SOFTWARE LTD shall not be liable for any unauthorized
access to
your mobile device or the data thereon.
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REGISTRATION/PASSWORDS
- Registration:Most OTHELLO SOFTWARE LTD will not require a registration: however,
some
OTHELLO SOFTWARE LTD may permit or require you to create an account to participate or access additional
features or functionalities ("Registration"). If such Registration is required, it will be made
known to you when you attempt to participate or access such additional features or functionalities.
Any registration required by a Third-Party Partner is not governed by this EULA and you should refer
to the relevant Third-Party Partner's website for their policies.
- Passwords:You are the sole and exclusive guardian of any password and ID
combination issued or chosen by to you. Maintaining the confidentiality and security of your
password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions
undertaken by means of any account opened, held, accessed or used via your password and ID. You
shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of
security, including without limitation any loss, theft or unauthorized use of your password(s),
and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of
your password and/or ID has been compromised, we may suspend or terminate your account, refuse any
and all current or future use of the services, and pursue any ropriate legal remedies. We shall not
be responsible for any losses incurred in connection with any misuse of any password or ID.
- Provided Information:If you provide any information in connection with a
Registration, you must provide and maintain accurate, complete and current information. If we have
reasonable grounds to suspect that your information is inaccurate, not current or not complete, we
may suspend or terminate your use of the OTHELLO SOFTWARE LTD and pursue any ropriate legal remedies.
You
agree that we shall have the right to use the information you provide to us for the purposes
described in this EULA and in furtherance of your use of the OTHELLO SOFTWARE LTD our services, in
accordance
with the Privacy Policy located here: Privacy Policy.
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UNINSTALL/REMOVAL OF AN OTHELLO SOFTWARE LTD
Uninstallation and removal methods vary depending on your device. To uninstall and remove the OTHELLO
SOFTWARE LTD,
please use the project manager provided with your device or consult your device manual for reference.
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CONSENT TO USE OF DATA
You agree that we may collect and use technical data and related information, including but not limited to
technical information about your device, system and project software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product support and other services to you (if
any) related to the OTHELLO SOFTWARE LTD. We may use this information in accordance with the Privacy Policy
located
here.
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INTELLECTUAL PROPERTY
The OTHELLO SOFTWARE LTD, including all design, text, images, photographs, illustrations, audio-clips,
video-clips,
artwork, graphic material, code, content, protocols, software, and documentation provided to you by Us are
OTHELLO SOFTWARE LTD’s sole property or the property of OTHELLO SOFTWARE LTD's licensors and are protected
by Turkish and
international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual
Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark,
copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any
country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not
delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third-Party
Partners have placed on or within the OTHELLO SOFTWARE LTD. All rights not expressly granted hereunder are
expressly
reserved to OTHELLO SOFTWARE LTD and its licensors. The OTHELLO SOFTWARE LTD names, logos and affiliated
properties, are the
exclusive property of OTHELLO SOFTWARE LTD or its affiliates. All other trademarks earing on any OTHELLO
SOFTWARE LTD are
trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the
trademark owner. Our partners or service providers may also have additional proprietary rights in the
content which they make available through an OTHELLO SOFTWARE LTD. The trade names, trademarks and service
marks owned
by us, whether registered or unregistered, may not be used in connection with any product or service that is
not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed
as granting, by in project, estoppel or otherwise, any license or right to use any of our trade names,
trademarks or service marks without our express prior written consent.
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COPYRIGHT/SUBMISSIONS
- You are solely responsible for any Content you contribute, submit or display on or through your use of
the OTHELLO SOFTWARE LTD (s). It is your obligation to ensure that such Content, including photos, text,
video and
music files, does not violate any copyright or other Intellectual Property Rights. You must either own
or have a license to use any Content that you contribute, submit or display.
- We respect and expect its users to respect the rights of copyright holders. On notice, WE will act
ropriately to remove content that infringes the copyright rights of others. WE reserve the right to
disable the access to OTHELLO SOFTWARE LTD or other services by anyone who uses them to repeatedly
infringe the
Intellectual Property Rights of others. If you believe an OTHELLO SOFTWARE LTD or elements, infringe your
copyright rights, Please contact OTHELLO SOFTWARE LTD's Copyright Agent at: email: “hello@OTHELLO SOFTWARE
LTD.com. Please
ensure your communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;• a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is infringing is located on the OTHELLO SOFTWARE LTD;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
- Objectionable Content. WE may also act to remove Objectionable Content. The decision to remove
Objectionable Content shall be made at OTHELLO SOFTWARE LTD's sole discretion. "Objectionable Content"
includes,
but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or
libellous
- Content that is hateful or advocates hate crimes, harm or violence against a person or group,
- Content that may harm minors in any way;
- Content that has the goal or effect of "stalking" or otherwise harassing another
- Private information about any individual such as phone numbers, addresses, Social Security
numbers or any other information that is invasive of another's privacy;
- Content that is vulgar, offensive, obscene or pornographic,
- Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment.
- Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our
representatives may monitor Content submission through the OTHELLO SOFTWARE LTD, and you hereby provide
your
irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of
privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole
discretion to edit, refuse to post, or remove any Content. We may access, preserve or disclose any of
your information or Content (including without limitation chat text) if we are required to do so by law,
or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against
us or to comply with legal process (for example, subpoenas or warrants), including those issued by
courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as
this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the
services or engineering support; (iv) protect the rights, property or safety of OTHELLO SOFTWARE LTD, its
users,
or members of the public or (v) to report a crime or other offensive behaviour.
- Ownership of Content You Submit: Unless otherwise set forth at the point of submission, you retain
ownership of all rights in any Content that you submit, through your use of the OTHELLO SOFTWARE LTD.
However, you
grant us permission to use such Content in any way we see fit, for instance for the purposes of
promotion of the OTHELLO SOFTWARE LTD. If, at our request, you send submissions (such as contest
submissions,
polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information
(collectively, the "Submissions"), such Submissions shall be deemed and shall remain, the property of
OTHELLO SOFTWARE LTD. None of the Submissions shall be subject to any obligation of confidence on the part
of
OTHELLO SOFTWARE LTD, and WE shall not be liable for any use or disclosure of any Submissions. Without
limitation
of the foregoing, WE shall exclusively own all now known or hereafter existing rights to the Submissions
of every kind and nature throughout the universe and shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of
the Submissions. You hereby assign to OTHELLO SOFTWARE LTD all right, title and interest in and to the
Submissions
and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the
world existing now or in the future created) relating to the Submissions in favour of OTHELLO SOFTWARE LTD
and its
assignees, licensees and designees.
- Repeat Infringer Policy: We may terminate a user's access to the OTHELLO SOFTWARE LTD (s) if, under
ropriate
circumstances, the user is determined to be a repeat infringer.
- No Intended Third-Party Beneficiaries: Except as otherwise set forth herein, no third party is an
intended beneficiary of this EULA.
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TERMINATION
Your rights under this EULA will terminate immediately and automatically without any notice from US if you
fail to comply with any of the terms and conditions of this EULA. You understand that OTHELLO SOFTWARE LTD,
in its
sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any
OTHELLO SOFTWARE LTD at any time. Further, WE, with or without any reason, may at any time suspend or
terminate any
license hereunder and disable the OTHELLO SOFTWARE LTD or any of its component features. You agree that WE
shall not
be liable to you or any third-party for any termination or disabling of the OTHELLO SOFTWARE LTD. Promptly
upon
expiration or termination of this EULA, you must cease all use of the OTHELLO SOFTWARE LTD and destroy all
copies of
OTHELLO SOFTWARE LTD in your possession or control. Termination will not limit any of OTHELLO SOFTWARE LTD's
other rights or
remedies at law or in equity. Sections 10-19, and any Supplemental Terms of this EULA shall survive
termination or expiration of this EULA for any reason.
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DISCLAIMER OF WARRANTY
To the extent this is permitted by licable law, all OTHELLO SOFTWARE LTD are provided on an "as is," "with
all faults,"
and "as available" basis, and you use them at your sole risk. Subject to licable law, we, on behalf of
itself, and its affiliates, licensors, distributors, vendors, agents and suppliers, expressly disclaims any
and all warranties of any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty
arising under the sale of goods acts 1893 and 1980, usage of trade, course of conduct or otherwise. Without
limitation, OTHELLO SOFTWARE LTD makes no warranty that the OTHELLO SOFTWARE LTD will meet your
requirements, that they will be
uninterrupted, timely, secure, or error-free, that the results obtained from the use of the OTHELLO SOFTWARE
LTD
products will be accurate or reliable, or that the quality of the OTHELLO SOFTWARE LTD will meet your
expectations.
OTHELLO SOFTWARE LTD assumes no liability or responsibility for any property damage, of any nature
whatsoever,
resulting from your access to and use of our OTHELLO SOFTWARE LTD ; any unauthorized access to or use of our
secure
servers and/or any and all personal information and/or financial information stored therein; any
interruption or cessation of transmission to or from OTHELLO SOFTWARE LTD or servers; any bugs, viruses,
trojan
horses, or the like which may be transmitted to or through OTHELLO SOFTWARE LTD by any third party; or any
errors or
omissions in any content or for any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted, or otherwise made available via the OTHELLO SOFTWARE LTD. The entire
risk
arising out of use or performance of the OTHELLO SOFTWARE LTD remains solely with you. we expressly disclaim
all
warranties relating to products and/or services provided by third-party partners. some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not ly to
you insofar as they relate to implied warranties. this disclaimer of warranty constitutes an essential part
of this agreement.
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LIMITATION OF LIABILITY
To the extent permitted by licable laws, you expressly understand and agree that we shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses (even if OTHELLO SOFTWARE LTD
has been
advised of the possibility of such damages), resulting from: (i) the use or the inability to use the
OTHELLO SOFTWARE LTD ; (ii) unauthorized access to or alteration of your transmissions or data; (iii)
statements or
conduct of any third party; or (iv) any other matter relating to the OTHELLO SOFTWARE LTD . in no event
shall
OTHELLO SOFTWARE LTD's total liability to you for all damages, losses, and causes of action (whether in
contract, tort
(including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for
accessing the OTHELLO SOFTWARE LTD. the foregoing limitations will ly even if the above stated remedy fails
of its
essential purpose. If any of the exclusions set forth in this section is determined by a court of competent
jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited
in duration for a period of thirty (30) days after the date on which you first access the OTHELLO SOFTWARE
LTD, and no
warranties shall ly after such period.
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INDEMNIFICATION
You agree to indemnify, defend and hold harmless OTHELLO SOFTWARE LTD, its parents, affiliate and
subsidiary companies,
officers, directors, employees, consultants and agents from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the
OTHELLO SOFTWARE LTD , your violation of the eula or your infringement, or infringement by any other user of
your
account, of any intellectual property or other right of any person or entity. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security known to you.
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EXPORT CONTROLS
The OTHELLO SOFTWARE LTD and the underlying information and technology are subject to US and international
laws,
restrictions and regulations that may govern the import, export, downloading and use of the . You agree to
comply with these laws, restrictions and regulations when downloading or using the .
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NOTICE TO US-GOVERNMENT END USERS
Any OTHELLO SOFTWARE LTD installed for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that
terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as licable.
Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only
those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i)
technical information that is not customarily provided to the public or to (ii) use, modify, reproduce,
release, perform, display, or disclose commercial computer software or commercial computer software
documentation except as specified herein. Use, dupproject, or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 C.F.R. 52.227-19, as licable.
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JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS
OTHELLO SOFTWARE LTD does not represent or warrant that the OTHELLO SOFTWARE LTD or any part thereof is
ropriate or available for
use in any particular jurisdiction. We may limit the availability of the OTHELLO SOFTWARE LTD, in whole or
in part, to
any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of
Turkey, without regard to conflict of laws principles, shall govern all matters relating to or arising from
this EULA, and the use (or inability to use) the OTHELLO SOFTWARE LTD. You hereby submit to the exclusive
jurisdiction
and venue of the ropriate courts of Istanbul-Turkey, with respect to all matters arising out of or relating
to this EULA. No failure or delay by Us in exercising any right, power or privilege under this EULA will
operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under
this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. You agree that any cause of action arising out of or related to
the OTHELLO SOFTWARE LTD must commence within one (1) year after the cause of action accrues. Otherwise,
such cause of
action is permanently barred.
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HOW TO CONTACT OTHELLO SOFTWARE LTD
If you have any questions about this EULA, please contact us by email or postal mail as follows:
“hello@OTHELLO SOFTWARE LTD.com”
