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End User License Agreement
PLEASE READ THESE END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BEFORE INSTALLING THIS GAME SOFTWARE.
(1) DEFINITIONS
(1.1) “Game” shall mean, the software and content deliverables provided persuant to this "EULA".
(1.2) “Beşinci Kural” shall refer to the BEŞİNCİ KURAL ARGE TASARIM VE YAZILIM ANONİM ŞİRKETİ which is the licensor of the "Game".
(1.3) “User” shall refer to the individual or entity who becames the licensee of the "Game" by obtaining it via legal means.
(1.4) "Usage", "Use" or "Using" shall refer to downloading, playing, running or accessing the "Game" via services provided by "Beşinci Kural" or any other third party or using any digital or physical content provided by or with the "Game".
(1.5) "Agreement" shall mean conditions that is written in this "EULA" and all of the policies, rules, guidelines or other conditions that are post in the "Game" or on our websites regarding the "Usage" of the "Game" before and after this "EULA" is accepted by the user.
(2) SIGNATORY LIABILITY CONDITIONS
(2.1) Those persons under the legal age in their respective country of residence or with limited capacity shall install the "Game" only after obtaining approval from their parent or legal guardian who agrees to be bound by these provisions of "EULA".
(2.2) Individuals that wish to obtain access to the "Game", from the moment they accept the "Agreement" in its current form, is the "User" of the "Game", have the rights, and bound by the obligations provided by the "Agreement".
(2.3) The "User" confirms that the information on the minimum hardware and software requirements to use the "Game" has been previously provided. The "User" confirms their awareness of these requirements and have the necessary hardware and software to use the "Game".
(3) VALIDITY
(3.1) In case of "User" does not accepts the terms of this "Agreement", then "User" does not have right to "Use" the "Game".
(3.2) This "Agreement" shall come into effect between "Beşinci Kural" and the "User" upon installation of the "Game" by the "User".
(3.3) This "Agreement" is also valid for game related media, printed materials, and “online” or electronic documentation which may be included as a part of the "Game" or provided separately.
(4) SOFTWARE PRODUCT LICENSE
(4.1) Subject to the terms of this "EULA", "Beşinci Kural" hereby grants to "User" a non-exclusive license to possess and to use a single copy of the "Game".
(4.2) "User" may install and use the "Game" on a shared computer or concurrently on different computers, solely for its own personal "Use" under the condition that the "User" shall abide by and comply with the provisions of the "Agreement".
(4.3) "User" may not reproduce and distribute any copies of the "Game" software.
(4.4) "User" is not allowed to make a charge for distributing this "Game", either for profit or merely to recover media and distribution costs.
(4.5) "Game" is licensed as a single product. Its components may not be extracted or distributed for any purpose not mentioned in the "Agreement".
(4.6) The "User" shall not violate the local laws of the residence country. The "User" is solely responsible for non-compliance with such norms.
(5) PROHIBITED CONDUCT
(5.1) The "User" shall be prohibited from doing the following acts upon "Usage" of the "Game":
(5.1.a) Any act which may infringe the intellectual property rights of "Beşinci Kural" such as to distribute, modify, alter, translate, reverse engineer, decompile, disassemble, extract the source code of the "Game" or any part thereof, except and only to the extent that this activity is expressly permitted by the laws of country of residence of the "User".
(5.1.b) To analyze the communication protocol or any other data stored or transferred through the "Usage" of "Game" and to use them for any other purpose.
(5.1.c) Any commercial use of the "Game" or any part thereof in any public or personal space, without the prior written permission of "Beşinci Kural".
(5.1.d) Any commercial use of the "Game" or any part thereof to hold and provide entertainment, without the prior written permission of "Beşinci Kural" except small groups of family, friends and similar other people.
(5.1.e) To intentionally utilize defects found upon trouble or failure in the "Game".
(5.1.f) To interfere with or disrupt the contents and functionality provided by the "Game" or any service provided by the "Beşinci Kural" or third parties related to "Game".
(5.2) Any act corresponding to or similar to any of the acts which may be detriment to "Beşinci Kural", as provided in each of the previous provision.
(6) CHANGING THE SOFTWARE
(6.1) The provisions in this "EULA" shall also be applied to any additions, modifications or removals made to the "Game".
(6.2) "Beşinci Kural" may make any addition, modification or removal (collectively "Changes") to the "Game" at any time at its own discretion.
(6.3) "Beşinci Kural" may make any "Changes" to the "Game" in part or whole to modify, expand or fix the "Game".
(6.4) "Beşinci Kural" may add, modify or remove contents of the "Game".
(6.5) Any "Changes" made to the "Game" shall be provided for free unless otherwise is deemed necessary by the "Beşinci Kural".
(6.6) "Beşinci Kural" reserves the right, at its discretion, to provide any versions of the "GAME" which in part or in whole contains the "Changes" and is not obliged to provide to the "User" any of the "Changes" that are made to the "GAME".
(6.7) "Beşinci Kural" may change, modify, suspend, or discontinue support for the "Game" and related content, in part or in whole, at any time without notice.
(7) SERVICE PROVIDERS
(7.1) Upon "Usage" of the "Game", the "User" may need to login to platforms provided by third party "Service Provider"s besides "Beşinci Kural" for obtaining, activating or playing the "Game".
(7.2) "User" shall comply with all applicable terms and conditions, rules and regulations or any other matters while using the services provided by "Service Provider"s.
(7.3) "Beşinci Kural" is not responsible or liable for the use of any services provided by third party "Service Provider"s and is not obligated to give support for these services on behalf of the "Service Provider"s.
(7.4) In some cases "Service Provider"s may not provide services to a country or territory other than where the "User" purchased the "Game". In such case "Beşinci Kural" is not responsible or liable from effects of these circumstances.
(8) INTELLECTUAL PROPERTY RIGHTS
(8.1) This "EULA" is only for the purpose of granting the "Usage" rights for the "Game" from "Beşinci Kural" to the "User" and in part or in whole all of the intellectual property rights for the "Game" is not to be transferred or assigned to the "User".
(8.2) All The intellectual property rights for the "Game" like title, interest, and copyrights in and to the "Game" and related software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by "Beşinci Kural".
(8.3) All The intellectual property rights for the "Game" related contents like marketing and advertising materials, lore, characters, character names and likenesses, catch phrases, artwork and other art materials are owned by "Beşinci Kural".
(8.4) "Beşinci Kural" shall be protected under the Türkiye Trade Law and Turkish Law Of Intellectual And Artistic Works, international treaties, conventions and any other applicable laws including the laws of country of residence of the "User".
(8.5) Upon failure of the "User" to comply with this "Agreement" and violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes, "Beşinci Kural" or the owner of such intellectual property rights may file injunction, request compensation of damage and take necessary legal means in order to protect their rights.
(9) COLLOBRATION TO TESTING
(9.1) "Beşinci Kural" may offer access to confidential, preview, early access, alpha, beta or any pre-release versions of the "Game" (collectively, "Test Game"s) under any designation to the "User" in its own discretion.
(9.2) "User" should keep all information about the "Test Game"s that are designated as confidential by "Beşinci Kural", including the "Test Game" related informations, contents of the "Test Game", related features, functionality provided, and participation of "User" to the testing and related processes confidential, including the period after public announcements of the "Test Game"s, until "Beşinci Kural" gives "User" authorization to disclose these information.
(9.3) "User" also agrees that
(9.3.a) "Test Game"s are works in progress and may contain bugs which may cause loss of data or damage to the device through out the "Usage" period;
(9.3.b) Playing a "Test Game" is a risk that "User" accepts and "Beşinci Kural" is not liable for loss of data or damage to the devices of the "User" caused by the "Usage" of the "Test Game";
(9.3.c) Any in-game items or status indicators or like that "User" accumulate during test periods as well as the player history associated with the "Test Game"s may be erased at various points during the testing process;
(9.3.d) "User" will not provide "Test Game" related access codes or any other keys to any other person without consent of the "Beşinci Kural";
(9.3.e) "Beşinci Kural" have no obligation to make any features of a "Test Game" generally available.
(9.4) "User" provided suggestions, creative ideas, or other feedback related to the "Game", "Test Game"s or any other future games or contents (collectively, "Feedback"), can be used by "Beşinci Kural" without any restriction.
(9.5) "User" agrees that "Beşinci Kural" is under no obligation of confidentiality, to credit "User" for the collobration to testing of the "Test Game" or otherwise with respect to "Feedback" provided, even if "User" state such restrictions in submission.
(10) MONITORING
(10.1) "Beşinci Kural" may monitor or record the data that "User" supplied or consumed while "Using" the "Game" and related websites and services for reasons like enforcing the "Agreement", prevention or punishment of cheating, and improvement of the "Game" itself but not obligated to so.
(11) COMMUNITY PROJECTS
(11.1) "Beşinci Kural" grant "User" a limited, revocable license to create non-commercial artistic and informative projects through out the "Usage" of the "Game". This excludes third-party brands and materials not owned by "Beşinci Kural".
(11.2) Broadcasts, fan arts, and fan fictions (collectively, "Community Projects") are derivative works of the "Game", "User" should always put clearly distinguishable disclaimers in "Community Projects" and related assets showing they are "Non-Canon".
(11.3) "User" grants "Beşinci Kural" a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free, and fully paid up license to use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute "Community Projects" even in the case of their contents are "Non-Canon".
(11.4) "User" may not use contents of the "Game" in another game, or extract contents of the "Game" and distribute them as separate assets.
(11.5) Except as permitted by the "Agreement", "User" may not use trademarks, trade names, logos, domain names, taglines, or trade dress of "Beşinci Kural" without a separate license signed by "Beşinci Kural".
(11.6) "User" will not take any action disparaging other players, or challenging ownership of the "Beşinci Kural" on the "Game", such as but not limited to using or registering confusingly similar trademarks or domains.
(11.7) "User" represents and warrants that it have and will maintain all necessary rights to any third party materials used in "Community Projects". "Community Projects" are derivative works of the "Game". Any interest "User" may have in "Community Projects" are subject to ownership of the "Beşinci Kural" on the content of the "Game" and the conditions of the "EULA" in this Section.
(11.8) "User" agrees to defend and indemnify "Beşinci Kural" from any claims related to "Community Projects".
(12) THIRD-PARTY COMPONENTS
(12.1) Open Source: Certain third-party software, including open source components, may be incorporated in the "Game" and provided to the "User" under a separate license, such as open source licenses.
(12.2) In the event of a conflict between "Agreement" and any separate license provided by the "Game", the separate license will prevail with respect to the third-party software that is the subject of that separate license.
(13) DISCLAIMER
(13.1) THE CONTENT AND MATERIALS CONTAINED IN THE PROGRAM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY "BEŞİNCİ KURAL". "BEŞİNCİ KURAL" DISCLAIM ALL OTHER WASRRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SAFETYNESS OF THE GAME, STABILITY OF THE MOVEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(13.2) IN NO EVENT SHALL "BEŞİNCİ KURAL" BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
(13.3) THE PREVIOUS PROVISION SHALL NOT BE APPLIED TO DAMAGES RESULTING FROM "BEŞİNCİ KURAL"’S WILLFULL INTENTION OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF "BEŞİNCİ KURAL", ARISING OUT OF SUCH "BEŞİNCİ KURAL"’S WILLFULL INTENTION OR GROSS NEGLIGENCE EXCEED THE AMOUNT PAID BY THE USERS TO PURCHASE THE PROGRAM.
(13.4) BASED ON THE APPLICABLE LAWS AND REGULATIONS, IN ANY EVENT SUCH PREVIOUS PROVISIONS ARE LIMITEDLY APPLIED, "BEŞİNCİ KURAL" SHALL BE RELIEVIED OR INDEMNIFIED FROM THE DAMAGES TO THE USERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(14) AMENDMENTS TO EULA
(14.1) "Beşinci Kural" may amend this "EULA" unilaterally at any time in its sole discretion by displaying such amendment on the third party "Service Provider" services, official websites of the "Game" and "Beşinci Kural" or within the screens of the "Game".
(14.2) If any amendment is detrimental to the "User", "Beşinci Kural" shall take reasonable means such as displaying or posting such amendment in advance.
(14.3) To the extent permitted by applicable law, continued "Use" of the "Game" after any amendment evidences "User" agrees to be bound by it.
(15) INTEGRITY AND ENFORCEMENT
(15.1) Integration: Both parties agree that this "EULA" is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this "EULA".
(15.2) Entire Agreement: This "Agreement" constitutes the entire agreement between "Beşinci Kural" and "User" and supersedes all prior understandings of Beşinci Kural" and "User", including any prior representation, statement, condition, or warranty.
(15.3) No Waiver: Any failure of "Beşinci Kural" to insist upon or enforce strict compliance of the "User" with this "Agreement" will not constitute a waiver of any of rights of the "Beşinci Kural" or obligations of the "User".
(16) TERMINATION
(16.1) "User" may at any time terminate this "EULA" by uninstalling the "Game" from their personal computer.
(16.2) "Beşinci Kural" reserves the right, without notice and in their sole discretion, to terminate the "EULA" upon one or any breach of the provisions provided hereto. In such case "User" shall conclude "Usage" of "Game" immediately and "Game" must be uninstalled from the all devices owned by the "User".
(17) JURISDICATION
(17.1) This "EULA" is governed and interpreted in all respects by the laws of Türkiye.
(17.2) The users agree that all suits, actions, or proceedings relating to this "EULA" shall be finally settled and exclusively brought in the Türkiye - İstanbul District Court or İstanbul Anatolia District Court, as the court of first jurisdiction.
(17.3) If any provision of this "EULA" is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Contact
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BEŞİNCİ KURAL ARGE TASARIM VE YAZILIM ANONİM ŞİRKETİ
İSTANBUL ÜNİVERSİTESİ AVCILAR TEKNOKENT
Üniversite mh. Sarıgül sk. No:37/1 İç Kapı:28, PK:34320
Avcılar/İSTANBUL
PLEASE READ THESE END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BEFORE INSTALLING THIS GAME SOFTWARE.
(1) DEFINITIONS
(1.1) “Game” shall mean, the software and content deliverables provided persuant to this "EULA".
(1.2) “Beşinci Kural” shall refer to the BEŞİNCİ KURAL ARGE TASARIM VE YAZILIM ANONİM ŞİRKETİ which is the licensor of the "Game".
(1.3) “User” shall refer to the individual or entity who becames the licensee of the "Game" by obtaining it via legal means.
(1.4) "Usage", "Use" or "Using" shall refer to downloading, playing, running or accessing the "Game" via services provided by "Beşinci Kural" or any other third party or using any digital or physical content provided by or with the "Game".
(1.5) "Agreement" shall mean conditions that is written in this "EULA" and all of the policies, rules, guidelines or other conditions that are post in the "Game" or on our websites regarding the "Usage" of the "Game" before and after this "EULA" is accepted by the user.
(2) SIGNATORY LIABILITY CONDITIONS
(2.1) Those persons under the legal age in their respective country of residence or with limited capacity shall install the "Game" only after obtaining approval from their parent or legal guardian who agrees to be bound by these provisions of "EULA".
(2.2) Individuals that wish to obtain access to the "Game", from the moment they accept the "Agreement" in its current form, is the "User" of the "Game", have the rights, and bound by the obligations provided by the "Agreement".
(2.3) The "User" confirms that the information on the minimum hardware and software requirements to use the "Game" has been previously provided. The "User" confirms their awareness of these requirements and have the necessary hardware and software to use the "Game".
(3) VALIDITY
(3.1) In case of "User" does not accepts the terms of this "Agreement", then "User" does not have right to "Use" the "Game".
(3.2) This "Agreement" shall come into effect between "Beşinci Kural" and the "User" upon installation of the "Game" by the "User".
(3.3) This "Agreement" is also valid for game related media, printed materials, and “online” or electronic documentation which may be included as a part of the "Game" or provided separately.
(4) SOFTWARE PRODUCT LICENSE
(4.1) Subject to the terms of this "EULA", "Beşinci Kural" hereby grants to "User" a non-exclusive license to possess and to use a single copy of the "Game".
(4.2) "User" may install and use the "Game" on a shared computer or concurrently on different computers, solely for its own personal "Use" under the condition that the "User" shall abide by and comply with the provisions of the "Agreement".
(4.3) "User" may not reproduce and distribute any copies of the "Game" software.
(4.4) "User" is not allowed to make a charge for distributing this "Game", either for profit or merely to recover media and distribution costs.
(4.5) "Game" is licensed as a single product. Its components may not be extracted or distributed for any purpose not mentioned in the "Agreement".
(4.6) The "User" shall not violate the local laws of the residence country. The "User" is solely responsible for non-compliance with such norms.
(5) PROHIBITED CONDUCT
(5.1) The "User" shall be prohibited from doing the following acts upon "Usage" of the "Game":
(5.1.a) Any act which may infringe the intellectual property rights of "Beşinci Kural" such as to distribute, modify, alter, translate, reverse engineer, decompile, disassemble, extract the source code of the "Game" or any part thereof, except and only to the extent that this activity is expressly permitted by the laws of country of residence of the "User".
(5.1.b) To analyze the communication protocol or any other data stored or transferred through the "Usage" of "Game" and to use them for any other purpose.
(5.1.c) Any commercial use of the "Game" or any part thereof in any public or personal space, without the prior written permission of "Beşinci Kural".
(5.1.d) Any commercial use of the "Game" or any part thereof to hold and provide entertainment, without the prior written permission of "Beşinci Kural" except small groups of family, friends and similar other people.
(5.1.e) To intentionally utilize defects found upon trouble or failure in the "Game".
(5.1.f) To interfere with or disrupt the contents and functionality provided by the "Game" or any service provided by the "Beşinci Kural" or third parties related to "Game".
(5.2) Any act corresponding to or similar to any of the acts which may be detriment to "Beşinci Kural", as provided in each of the previous provision.
(6) CHANGING THE SOFTWARE
(6.1) The provisions in this "EULA" shall also be applied to any additions, modifications or removals made to the "Game".
(6.2) "Beşinci Kural" may make any addition, modification or removal (collectively "Changes") to the "Game" at any time at its own discretion.
(6.3) "Beşinci Kural" may make any "Changes" to the "Game" in part or whole to modify, expand or fix the "Game".
(6.4) "Beşinci Kural" may add, modify or remove contents of the "Game".
(6.5) Any "Changes" made to the "Game" shall be provided for free unless otherwise is deemed necessary by the "Beşinci Kural".
(6.6) "Beşinci Kural" reserves the right, at its discretion, to provide any versions of the "GAME" which in part or in whole contains the "Changes" and is not obliged to provide to the "User" any of the "Changes" that are made to the "GAME".
(6.7) "Beşinci Kural" may change, modify, suspend, or discontinue support for the "Game" and related content, in part or in whole, at any time without notice.
(7) SERVICE PROVIDERS
(7.1) Upon "Usage" of the "Game", the "User" may need to login to platforms provided by third party "Service Provider"s besides "Beşinci Kural" for obtaining, activating or playing the "Game".
(7.2) "User" shall comply with all applicable terms and conditions, rules and regulations or any other matters while using the services provided by "Service Provider"s.
(7.3) "Beşinci Kural" is not responsible or liable for the use of any services provided by third party "Service Provider"s and is not obligated to give support for these services on behalf of the "Service Provider"s.
(7.4) In some cases "Service Provider"s may not provide services to a country or territory other than where the "User" purchased the "Game". In such case "Beşinci Kural" is not responsible or liable from effects of these circumstances.
(8) INTELLECTUAL PROPERTY RIGHTS
(8.1) This "EULA" is only for the purpose of granting the "Usage" rights for the "Game" from "Beşinci Kural" to the "User" and in part or in whole all of the intellectual property rights for the "Game" is not to be transferred or assigned to the "User".
(8.2) All The intellectual property rights for the "Game" like title, interest, and copyrights in and to the "Game" and related software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by "Beşinci Kural".
(8.3) All The intellectual property rights for the "Game" related contents like marketing and advertising materials, lore, characters, character names and likenesses, catch phrases, artwork and other art materials are owned by "Beşinci Kural".
(8.4) "Beşinci Kural" shall be protected under the Türkiye Trade Law and Turkish Law Of Intellectual And Artistic Works, international treaties, conventions and any other applicable laws including the laws of country of residence of the "User".
(8.5) Upon failure of the "User" to comply with this "Agreement" and violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes, "Beşinci Kural" or the owner of such intellectual property rights may file injunction, request compensation of damage and take necessary legal means in order to protect their rights.
(9) COLLOBRATION TO TESTING
(9.1) "Beşinci Kural" may offer access to confidential, preview, early access, alpha, beta or any pre-release versions of the "Game" (collectively, "Test Game"s) under any designation to the "User" in its own discretion.
(9.2) "User" should keep all information about the "Test Game"s that are designated as confidential by "Beşinci Kural", including the "Test Game" related informations, contents of the "Test Game", related features, functionality provided, and participation of "User" to the testing and related processes confidential, including the period after public announcements of the "Test Game"s, until "Beşinci Kural" gives "User" authorization to disclose these information.
(9.3) "User" also agrees that
(9.3.a) "Test Game"s are works in progress and may contain bugs which may cause loss of data or damage to the device through out the "Usage" period;
(9.3.b) Playing a "Test Game" is a risk that "User" accepts and "Beşinci Kural" is not liable for loss of data or damage to the devices of the "User" caused by the "Usage" of the "Test Game";
(9.3.c) Any in-game items or status indicators or like that "User" accumulate during test periods as well as the player history associated with the "Test Game"s may be erased at various points during the testing process;
(9.3.d) "User" will not provide "Test Game" related access codes or any other keys to any other person without consent of the "Beşinci Kural";
(9.3.e) "Beşinci Kural" have no obligation to make any features of a "Test Game" generally available.
(9.4) "User" provided suggestions, creative ideas, or other feedback related to the "Game", "Test Game"s or any other future games or contents (collectively, "Feedback"), can be used by "Beşinci Kural" without any restriction.
(9.5) "User" agrees that "Beşinci Kural" is under no obligation of confidentiality, to credit "User" for the collobration to testing of the "Test Game" or otherwise with respect to "Feedback" provided, even if "User" state such restrictions in submission.
(10) MONITORING
(10.1) "Beşinci Kural" may monitor or record the data that "User" supplied or consumed while "Using" the "Game" and related websites and services for reasons like enforcing the "Agreement", prevention or punishment of cheating, and improvement of the "Game" itself but not obligated to so.
(11) COMMUNITY PROJECTS
(11.1) "Beşinci Kural" grant "User" a limited, revocable license to create non-commercial artistic and informative projects through out the "Usage" of the "Game". This excludes third-party brands and materials not owned by "Beşinci Kural".
(11.2) Broadcasts, fan arts, and fan fictions (collectively, "Community Projects") are derivative works of the "Game", "User" should always put clearly distinguishable disclaimers in "Community Projects" and related assets showing they are "Non-Canon".
(11.3) "User" grants "Beşinci Kural" a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free, and fully paid up license to use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute "Community Projects" even in the case of their contents are "Non-Canon".
(11.4) "User" may not use contents of the "Game" in another game, or extract contents of the "Game" and distribute them as separate assets.
(11.5) Except as permitted by the "Agreement", "User" may not use trademarks, trade names, logos, domain names, taglines, or trade dress of "Beşinci Kural" without a separate license signed by "Beşinci Kural".
(11.6) "User" will not take any action disparaging other players, or challenging ownership of the "Beşinci Kural" on the "Game", such as but not limited to using or registering confusingly similar trademarks or domains.
(11.7) "User" represents and warrants that it have and will maintain all necessary rights to any third party materials used in "Community Projects". "Community Projects" are derivative works of the "Game". Any interest "User" may have in "Community Projects" are subject to ownership of the "Beşinci Kural" on the content of the "Game" and the conditions of the "EULA" in this Section.
(11.8) "User" agrees to defend and indemnify "Beşinci Kural" from any claims related to "Community Projects".
(12) THIRD-PARTY COMPONENTS
(12.1) Open Source: Certain third-party software, including open source components, may be incorporated in the "Game" and provided to the "User" under a separate license, such as open source licenses.
(12.2) In the event of a conflict between "Agreement" and any separate license provided by the "Game", the separate license will prevail with respect to the third-party software that is the subject of that separate license.
(13) DISCLAIMER
(13.1) THE CONTENT AND MATERIALS CONTAINED IN THE PROGRAM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY "BEŞİNCİ KURAL". "BEŞİNCİ KURAL" DISCLAIM ALL OTHER WASRRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SAFETYNESS OF THE GAME, STABILITY OF THE MOVEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(13.2) IN NO EVENT SHALL "BEŞİNCİ KURAL" BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
(13.3) THE PREVIOUS PROVISION SHALL NOT BE APPLIED TO DAMAGES RESULTING FROM "BEŞİNCİ KURAL"’S WILLFULL INTENTION OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF "BEŞİNCİ KURAL", ARISING OUT OF SUCH "BEŞİNCİ KURAL"’S WILLFULL INTENTION OR GROSS NEGLIGENCE EXCEED THE AMOUNT PAID BY THE USERS TO PURCHASE THE PROGRAM.
(13.4) BASED ON THE APPLICABLE LAWS AND REGULATIONS, IN ANY EVENT SUCH PREVIOUS PROVISIONS ARE LIMITEDLY APPLIED, "BEŞİNCİ KURAL" SHALL BE RELIEVIED OR INDEMNIFIED FROM THE DAMAGES TO THE USERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(14) AMENDMENTS TO EULA
(14.1) "Beşinci Kural" may amend this "EULA" unilaterally at any time in its sole discretion by displaying such amendment on the third party "Service Provider" services, official websites of the "Game" and "Beşinci Kural" or within the screens of the "Game".
(14.2) If any amendment is detrimental to the "User", "Beşinci Kural" shall take reasonable means such as displaying or posting such amendment in advance.
(14.3) To the extent permitted by applicable law, continued "Use" of the "Game" after any amendment evidences "User" agrees to be bound by it.
(15) INTEGRITY AND ENFORCEMENT
(15.1) Integration: Both parties agree that this "EULA" is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this "EULA".
(15.2) Entire Agreement: This "Agreement" constitutes the entire agreement between "Beşinci Kural" and "User" and supersedes all prior understandings of Beşinci Kural" and "User", including any prior representation, statement, condition, or warranty.
(15.3) No Waiver: Any failure of "Beşinci Kural" to insist upon or enforce strict compliance of the "User" with this "Agreement" will not constitute a waiver of any of rights of the "Beşinci Kural" or obligations of the "User".
(16) TERMINATION
(16.1) "User" may at any time terminate this "EULA" by uninstalling the "Game" from their personal computer.
(16.2) "Beşinci Kural" reserves the right, without notice and in their sole discretion, to terminate the "EULA" upon one or any breach of the provisions provided hereto. In such case "User" shall conclude "Usage" of "Game" immediately and "Game" must be uninstalled from the all devices owned by the "User".
(17) JURISDICATION
(17.1) This "EULA" is governed and interpreted in all respects by the laws of Türkiye.
(17.2) The users agree that all suits, actions, or proceedings relating to this "EULA" shall be finally settled and exclusively brought in the Türkiye - İstanbul District Court or İstanbul Anatolia District Court, as the court of first jurisdiction.
(17.3) If any provision of this "EULA" is held to be unlawful, void, or for any reason unenforceable, then such provision will be eliminated from these provision to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Contact
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BEŞİNCİ KURAL ARGE TASARIM VE YAZILIM ANONİM ŞİRKETİ
İSTANBUL ÜNİVERSİTESİ AVCILAR TEKNOKENT
Üniversite mh. Sarıgül sk. No:37/1 İç Kapı:28, PK:34320
Avcılar/İSTANBUL