Digital Asset Licensing Contract Preliminary Information Form
DEFINITIONS
Licensor: Refers to Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi.
Cosmos: Refers to Digital Asset platform managed by the Licensor and hosted on cosmos.leartesstudios.com.
Digital Asset: Refers to digital assets provided by Licensor on Cosmos, including but not limited to 3D assets, visual effects, sounds, tools and materials.
Intellectual Property: Refers to all intellectual creations available on the Cosmos platform, including trademarks, copyrights, patents, trade secrets, domain names and subdomains. All intellectual property rights, except those owned by third parties, are the property of Leartes Studios.
Licensee: Refers to Member who uses the Licensed Content in accordance with the terms of the Digital Asset Licensing Contract.
Member: Refers to natural or legal person who become a member of Cosmos by approving the ToU.
Terms of Use (ToU): Refers to the Terms of Use Contract between Company and Members, setting out the general terms and conditions applicable to all Members of Cosmos.
PURPOSE AND SUBJECTThe purpose and subject of this Preliminary Information Form is to clarify and inform the Licensor and the Licensee regarding the Digital Asset Licensing Contract (“Contract”) between the Licensor and the Licensee.The Preliminary Information Form (“Form”) may be printed, downloaded and/or stored by the Users. The Form and the Contract can be viewed at cosmos.leartesstudios.com (“Website”) at any time and can be sent to Users via e-mail upon their request.
DIGITAL ASSETS AND DIGITAL ASSET LICENSEDigital Assets refers to digital assets provided by Licensor on Cosmos, including but not limited to environments, 3D assets, visual effects, sounds, tools and materials. Leartes Studios owns all intellectual property rights in the Digital Assets except those owned by third parties.The purchase of a Digital Asset License shall not in any way be construed as a transfer of title and intellectual property rights. The Licensor undertakes to grant to the Licensee a non-exclusive, non-transferable, and limited license to access and use the Digital Assets provided on Cosmos, subject to the terms and conditions set out in the Contract. The Licensee also undertakes to pay to the Licensor the License Fee for the Digital Assets it wishes to license.Licensee is also obligated to use the licensed Digital Assets in accordance with the terms of the Subscription Contract and the Digital Asset Licensing Contract, as well as Leartes Studios' policies and applicable legislation. The Licensee is prohibited from sublicensing, sharing, or otherwise transferring the rights established in its favor under this Contract to any third party unless expressly permitted in writing by the Licensor.The Digital Asset licensed under the Contract (“Licensed Content”) is as shown below on the payment screen and hereunder.
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LICENSE FEEThe Licensee undertakes to pay to the Licensor _______________ as the License Fee (“License Fee”).The License Fee includes VAT and applicable taxes.The Licensor is not responsible for commissions and additional charges that may be imposed by banks and financial institutions. It is recommended that the Licensee obtain information from the bank or financial institution about the relevant commissions and charges.
INFORMATION REGARDING PARTIESLICENSOR INFORMATIONLicensor: Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim ŞirketiAddress : Merdivenköy Mah. Dikyol Sk. B Blok No: 2 İç Kapı No: 193 KADIKÖY/ İSTANBULTelephone: +90 5551416847Email: info@leartesstudios.comT.O.: GÖZTEPETIN: 6081653280
LICENSEE INFORMATIONLicensee: _______________T.R. Identity Number / TIN: _______________Address: _______________Telephone: _______________E-Mail: _______________Invoice Address: _______________
INFORMATION ON METHODS OF REPORTING LICENSEE COMPLAINTS AND REQUESTSThe Licensee may, if necessary, send its requests, complaints, opinions and/or support requests arising from the Digital Assets or the Contract to the Licensor electronically via the request form on Cosmos, via the e-mail address it has registered with Cosmos to the e-mail address info@leartesstudios.com and/or via telephone using the Licensor's Contact Line on Cosmos.
PAYMENT, DELIVERY AND PERFORMANCE OF THE CONTRACTThe Licensor shall identify the Digital Asset License subject to the Contract to the Licensee's account on Cosmos upon the Licensee's performance of the Licensee's obligation to pay the consideration for the relevant Digital Asset license arising from the Contract to the Licensor without delay, in full and in cash.The Licensee has been informed that the Digital Asset License purchase, the features and usage principles of which are specified in this Preliminary Information Form and within the scope of the Contract, is a one-time single purchase.The Licensee acknowledges and agrees that there is no physical delivery of the Digital Assets and Digital Asset Licenses whose characteristics and usage principles are specified in this Form and Contract, and that the Digital Assets, which are intangible, will be delivered electronically through Cosmos or through a secure download link to be sent to the electronic mail address of the Licensee registered with Cosmos.Licensor will notify Licensee when the Licensed Content is available for access or download. This notification may be provided through the Cosmos interface or via email.Xsolla is the Merchant of Record and licensor of the game items to the users.Payment Partners comply with all applicable laws and regulations, including Know-Your-Customer (KYC) and Anti-Money Laundering (AML) laws and regulations.The Licensor shall have no responsibility whatsoever for any financial obligations such as additional payments, charges, commissions, etc. that may be reflected to the Licensee by the bank.
CLARIFICATION OF NO RIGHT OF WITHDRAWALLicensee acknowledges and agrees that due to the nature of licensing digital content, all licensing under the Contract is final. Once the Licensed Content is made available for download or accessed by Licensee, it shall be deemed to have been delivered and used and shall not be subject to any partial or total refund. The exceptional cancellation terms and warranty against defect provisions contained in the Contract are reserved.The Licensee irrevocably accepts, declares and undertakes that the consumer does NOT have the right of withdrawal in terms of "Contracts for services performed instantly in electronic media or contracts for intangible goods delivered to the consumer instantly" in accordance with the provision of Article 15 (ğ) subparagraph regulating the exceptions to the right of withdrawal of the "Distance Contracts Regulation" published in the Official Gazette dated 27.11.2014 and numbered 29188, and that it has been clearly informed in this regard within the scope of this provision and this Form.
INFORMATION ON PAYMENT OBLIGATIONBy reading, understanding and signing the Form and the Contract by the parties, the Licensee accepts, declares and undertakes that he/she understands that he/she is under the obligation to pay the monetary debt arising from the Contract against the Licensor and that he/she has been informed by the Licensor in this regard with certainty that leaves no reasonable doubt.
APPLICABLE LAW AND DISPUTE RESOLUTIONTurkish Law shall apply to the entire contractual relationship, including pre-contractual negotiations, disputes that may arise during and after the contractual relationship. In case there is a foreign element in the disputes that may arise between the Parties, Turkish conflict of laws rules are reserved. For the settlement of disputes, the Parties firstly accept, declare and undertake to make reasonable efforts for settlement and to resolve disputes within the exclusive jurisdiction of Istanbul (Çağlayan) Courts and Execution Offices for disputes that cannot be settled.
CONFIRMATION OF PRELIMINARY INFORMATION FORMThe Licensor shall confirm that the Preliminary Information Form has been read and understood by the Licensor and that the Licensor has been clearly informed about the matters in this Form by checking the box marked "I have read and understood the Preliminary Information Form" at the payment stage on the Platform/Website.This Preliminary Information Form is an integral part and supplementary element of the Contract. By signing the Contract electronically without any reservation or indication, the Licensor hereby irrevocably accepts, declares and undertakes that he/she has read the Preliminary Information Form and that he/she has been informed about the provisions stated herein with clarity that leaves no reasonable doubt.