DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
This Distance Sales Agreement (hereinafter referred to as the “Agreement”) is executed between the following parties:
- Emre İstikam Mimarlık Mühendislik İnş. San. ve Tic. Ltd. Şti.
(hereinafter referred to as the “License Holder”)
Email: support@paradosfacadesoftware.com
Address: Mecidiyeköy Mahallesi Eski Osmanlı Sokak Arıkan İş Merkezi No:30 D:9 Şişli, Istanbul, Türkiye
Phone: +90 212 347 47 10
MERSİS No: 0334050190900015
- The person purchasing the Application packages
(hereinafter referred to as the “Buyer”)
The Parties declare, acknowledge, and undertake that the above contact information is accurate.
Any notices sent to the above email addresses shall be deemed legally valid and binding. In the event of any change of address, the Parties are obliged to notify the other Party in writing without delay. Otherwise, notifications made to the above addresses shall be considered valid.
ARTICLE 2 – LICENSED APPLICATION
Program: The package(s) of Pardus Facade Software specified on the website and purchased by the Buyer.
User(s):
- In the case of a single license purchase: only the Buyer.
- In the case of multiple license purchases: the computers on which the Buyer installs the granted licenses.
ARTICLE 3 – SUBJECT
The subject of this Agreement is the granting of the right to use the computer software specified in Article 2, for the duration of the purchased package, exclusively to the Buyer and to the persons using the computers on which the program is installed.
ARTICLE 4 – OBLIGATIONS OF THE PARTIES
4.1 License Scope
Under this Agreement, the Buyer acquires a usage license for Pardus Facade Software. The usage license grants the right to install and use the software on one computer for the duration of the purchased package.
The User may not install the software on more computers than the number of licenses purchased, may not install it on additional storage devices beyond the licensed quantity, and may not use multiple copies on the same hard disk for different operations.
All intellectual property rights and ownership rights outside the scope of this non-exclusive license remain with the Software Owner.
4.2 Rights Granted
The Usage License includes the right to:
- Install the software
- Run and use the software
- Display the software
- Print texts and drawings generated by the software
All rights are limited to the duration of the purchased package.
4.3 Intellectual Property Protection
The software and documentation are protected under Turkish Law No. 5846 on Intellectual and Artistic Works and the Turkish Penal Code. Unauthorized copying or unlawful use is subject to legal and criminal liability. The License Holder reserves all rights arising from unlawful use.
4.4 Disclaimer of Perfection
The License Holder exercises maximum care to ensure the software functions in accordance with its documentation. However, the License Holder does not guarantee that the software is flawless, error-free, or fully meets the specific expectations of the User.
4.5 Package Types
The software is offered in Standard and Premium packages (see Annex-1). The features included in the purchased package apply exclusively to that package. Features of higher-tier packages cannot be claimed under a lower-tier package.
4.6 Training
For annual memberships, the License Holder provides two (2) hours of free training. No training is provided for the Standard package.
If the Buyer requests additional training, it may be provided for an additional fee at a time determined by the License Holder.
4.7 Training Readiness
If the License Holder is ready to provide training but the Buyer is not available, the training session shall be deemed completed.
4.8 Technical Responsibility
The License Holder shall not be held responsible for data or software loss arising from:
- Hardware failures
- Operating system failures
- Network design or connection errors
- Viruses
- User-related errors
In such cases, restoration of the license may be provided only upon payment of service fees and expenses.
4.9 Data Storage
The License Holder does not guarantee the security of data stored within the software. Ensuring data security is the sole responsibility of the Buyer.
4.10 Technical Requirements
The software is compatible with Windows operating systems and works with Rhinoceros version 7 and above.
The Buyer acknowledges and accepts that the software will not function without the minimum technical specifications stated in Annex-1. The Buyer is responsible for obtaining the necessary hardware.
The License Holder bears no responsibility for software-hardware incompatibility. The License Holder’s liability is limited solely to granting the software usage license.
4.11 Limitation of Liability
The License Holder shall not be liable for any direct or indirect material, moral, legal, or financial consequences arising from:
- Use of the software
- Decisions made based on the software
- Services provided
- Profit or loss
The Buyer waives any right of recourse against the License Holder for damages arising from the use of the software.
4.12 Updates and Versions
The License Holder may modify the software and documentation without prior notice.
The User may benefit from new versions by paying any applicable price difference. The License Holder does not guarantee compatibility of data entered in older versions with new versions.
4.13 Non-Transferability
Rights and obligations arising from this Agreement may not be transferred, assigned, leased, or made available to any third party, whether for consideration or free of charge.
The Buyer may not act on behalf of or bind the License Holder in any agreement with third parties.
4.14 No Right of Withdrawal
Pursuant to Article 15/ğ of the Regulation on Distance Contracts, there is no right of withdrawal for intangible goods delivered instantly in digital form (such as software downloaded to a computer or phone). Therefore, the Buyer does not have the right of withdrawal under this Agreement.
ARTICLE 5 – PAYMENT
The Buyer shall pay the license fee either in full (lump sum) or in installments.
ARTICLE 6 – TERMINATION
6.1 The License Holder has the right to terminate this Agreement immediately in the event of breach.
6.2 In case of justified termination by the License Holder, any prepaid amounts paid by the Buyer shall not be refunded.
6.3 The License Holder reserves the right to claim compensation for all direct and indirect damages arising from the Buyer’s breach.
ARTICLE 7 – DISPUTE RESOLUTION
Any disputes arising from this Agreement shall be resolved before the Courts and Enforcement Offices of Istanbul, Türkiye.
This Agreement consists of eight main articles and shall remain valid throughout the license period.