LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application 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 Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term 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 applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
TERMS AND CONDITIONS
These terms and conditions constitute a legal agreement (the “Agreement”) between you and FoaltyCoder (the “Applications & Services”). By downloading and using Yerel Haber & all other applications, you agree to be bound by this Agreement. Please read these terms and conditions carefully. If you do not agree with these terms and conditions, you may not download or use apps and you must delete it immediately.
I. License
You acknowledge that you have only a royalty-free, non-exclusive, non- sublicensable, non-transferable and limited right to use apps on non-commercial purpose. You may not reverse engineer, decompile or disassemble the application or attempt to gain access to the source code for apps, except and only to the extent that it is expressly permitted by applicable law. You will not transfer or assign any right or obligation hereunder without the prior written consent of app.
Your rights under this Agreement will automatically terminate if you breach any of your obligations under this Agreement. All rights not expressly granted are reserved by app.
II. User Obligations
Use of our Application & Service constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date on which you first use our Applications & Services. By accessing, using and/or downloading materials from this application, you agree on your own behalf and on behalf of each entity and person on whose behalf you act, to abide by the terms and conditions set forth below.
App reserves the right to change these Terms and Conditions at any time and it is your responsibility to refer to and comply with these terms on accessing our Applications & Services. Your continued use of this application after changes are posted constitutes your acceptance of these terms and conditions as modified. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this application and therefore should cease using this application immediately. Some Terms and Conditions may cover features not yet available by app, but are reserved to when they are made so.
You are responsible for the comments you post to app and any comment which contains inappropriate content would be removed by app. These inappropriate content include, but not limited to, contents which are in violation of relevant laws, regulations and practices, junk comments, unpopular advertisements or sales promotion, unwanted emails, etc.
The use of this application is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this application by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this application.
You agree to indemnify and keep indemnified app from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of our Applications & Services other than in accordance with these terms and conditions.
III. Copyright And Other Intellectual Property
The names, images and logos identifying app applications, associated companies or third parties and their products and services are proprietary marks of app, its affiliates or associated companies and/or third parties.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of app, its associated companies or any other third party.
All copyright, trademarks and other intellectual property rights in this application (including the design, arrangement and look and feel) and all material or content supplied as part of our Applications & Services shall remain at all times the property of app or apps’ licensors.
In accessing the app application, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to crawl, copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without apps’ prior written permission.
IV. Third Party Applications/ Links.
App is not responsible for the availability or content of any third party websites or material you access through this application. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Users who agree to apps terms of service are also subject to Youtube Terms of Service (https://www.youtube.com/static?gl=en&template=terms) and Google Privacy Policy (https://policies.google.com/privacy?hl=en-US)
App does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party applications, websites or material (including payment for and delivery of such products or services).
App is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to this application must be direct to any complete content page (and not any part of a page) within app and must not be viewed within the pages of any other application.
App disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this application. Links do not imply that app endorses, is affiliated or associated with any linked application, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked application is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.
V. Disclaimer/Limitation Of Liability.
This application and the information, names, images, pictures, logos and icons relating to app and/or any associated company, products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non- infringement, compatibility, security and accuracy.
The information and other materials included on this application may contain inaccuracies and typographical errors. app does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through app and its services (including, without limitation, the information provided through the use of any software).
You acknowledge that any reliance on any such statement or information shall be at your sole risk. app reserves the right, in our sole discretion, to correct any errors or omissions in any part of our application and services and to make changes to our applications and services and to the materials, products, programs, services or prices described in our applications and services at any time without notice.
In no event will app and/or its affiliates, third parties reliable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of our Applications & Services. These exclusions do not apply to death or personal injury caused by apps’ negligence and only applies to the extent permitted by law.
App does not warrant that the functions contained in this application will be uninterrupted or error free or that defects will be corrected or that this application or the server that makes it available are free of viruses or bugs. App does not represent the full functionality, accuracy or reliability of any material. App may terminate, change, suspend or discontinue any aspect of this application, including the availability of any features of our Applications & Services, at any time without notice or liability.
VI. Privacy
App also provides Privacy Policy that complies with The EU General Data Protection Regulation (GDPR), as an integral part of this Agreement, to explain our policies and practices on what information we may collect, how we use the information we collected and how we disclose them during our operation of app. You acknowledge that you have read the Privacy Policy carefully and fully understand the terms of the Privacy Policy by downloading, installing and using the Applications & Services. You consent to the information practices described in that policy as it may be updated from time to time.
From time to time, certain software which is the protected work of app or its suppliers may be made available to download from this application. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.
VII. Copyright Policy
App complies with the Digital Millennium Copyright Act of United States. (“DMCA”). We would respond to takedown notices and if you, the copyright owner or an authorized representative, believe that any content displayed by app infringes on your copyrights, you may submit a notification pursuant to the DMCA by providing us with the information as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
- Identification of the copyright claimed to have been infringed and where it is located in the app
- Information reasonably sufficient to permit app to contact you
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You may direct copyright infringement notifications to us by email: foaltycoder@icloud.com We will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
VIII. Applicable Law And Dispute Resolution
Initial Dispute Resolution. We aim to address your concerns without the necessity of a formal legal claim. Before filing a claim against App with regard to the terms of this agreement or other matter arising out of your use of the Applications & Services, you agree to try to resolve the dispute informally by contacting us at foaltycoder@icloud.com We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either you or app may begin formal legal action, subject to the terms of this Agreement.
Choice of Law. The validity, performance, construction, and interpretation of this Agreement shall be governed by the laws of Turkey. With respect to any disputes which cannot be resolved by our internal processes, and subject to the mandatory arbitration provision herein, you agree that jurisdiction for any legal action will be the state courts located in İstanbul, Turkey. The parties hereby consent to the personal jurisdiction of such courts as described above.
Waiver of Class Action. You agree that any disputes against app are likely to be of a unique character, such that the aggregation of claims shall not constitute an effective method of dispute resolution. Accordingly, you expressly waive, disclaim, and forever discharge any right you may have to engage in a class action dispute against app. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Turkish Republic. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the Turkish courts. Any cause of action you may have with respect to your use of the Applications & Services must be commenced within one (1) year after the claim or cause of action arises.
IX. Other Miscellaneous Provisions
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
App makes no representation that materials on this application are appropriate or available for use at other locations outside of Turkey and access to them from territories where their contents are illegal is prohibited. If you access this application from a location outside of the Turkey, you are responsible for compliance with all local laws.
The terms of this Agreement may be modified from time to time. The most recent revision will always be accessed at www.foaltycoder.com. If we make changes with respect to the terms of this Agreement, we will notify you by posting a notice on our website. You agree to accept any changes or revisions to these Terms by continuing to use app.
X. Contact us.
If you have any questions about this Agreement, please contact us at foaltycoder@icloud.com