This End User License Agreement ("EULA" or "Agreement") is executed and signed by and in between users of Cosmos Platform ("Cosmos") and Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret A.Ş. ("Company" or "Leartes").This End User License Agreement exclusively governs the use of Rocket Software ("Rocket" or "Software") developed by the Company. A separate Terms of Use agreement governs Users' use of online services in connection with the Software.
Article 1. Acceptance of Agreement
1.1. Upon downloading the Software from the designated website, the installation process shall commence only after the User affirmatively indicates their acceptance of this Agreement by selecting the 'I Accept' option. Failure to accept this Agreement will prevent the installation of the Software on the User's computer system.
1.2. The User acknowledges and agrees that access to certain services and functionalities of the Software, including but not limited to full access capabilities, may be contingent upon the User's acceptance of and compliance with additional legal agreements and texts. These may include, but are not limited to Terms of Use, Digital Asset Licensing Contract and Privacy Policy. The User's failure to accept and adhere to the terms of these additional agreements and texts may limit or restrict their access to certain services or features of the Software. The User further acknowledges that these additional agreements and texts are integral to the lawful and intended use of the Software and are binding upon the User in conjunction with this EULA.
Article 2. Intellectual Property Rights
2.1. The Software is the valuable property of Leartes and its licensors. All rights, title, and interest in and to the Software, including all intellectual property rights therein, are and shall remain with Leartes and its licensors. This Agreement does not convey to the User an interest in or to the Software, but only a limited right of use in accordance with the terms of this Agreement.
2.2. All intellectual and moral rights in the Software are the exclusive property of Leartes. Unauthorized copying, modification, or redistribution, in whole or in part, of the Software is expressly prohibited. The User acknowledges that any such actions constitute a breach of this Agreement and an infringement of Leartes' intellectual property rights.
2.3. Graphics, logos, and other intellectual works, including all legal notices contained within or provided through the Software, are the exclusive property of Leartes. The User is expressly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or using these graphics, logos, or other intellectual works for any purpose without the prior written consent of Leartes.
Article 3. Restrictions on Redistribution and Use
3.1. Following download and installation of the Software, the User is expressly prohibited from uploading or redistributing the Software's source code, files, or any part thereof, to any platform other than Cosmos, or making it available for use by third parties. Any such unauthorized redistribution or use constitutes a breach of this Agreement.
3.2. The User agrees and undertakes not to engage in any unlawful activities in connection with the use of the Software. Specifically, the User shall not, directly or indirectly:
i. Attempt to crack, reverse-engineer, or otherwise circumvent any security or access control measures implemented within the Software;
ii. Engage in any form of data mining, data harvesting, or similar activities aimed at extracting proprietary or confidential information from the Software or the Cosmos Platform;
iii. Exploit the Software for any unlawful purposes, including but not limited to, the unauthorized copying, distribution, or transmission of digital assets or proprietary content available on the Cosmos Platform;
iv. Facilitate or assist any third party in conducting any of the activities prohibited herein.
3.3. The User acknowledges that such activities not only breach the terms of this Agreement but may also violate applicable laws and regulations. In the event of such violations, Leartes reserves the right to take appropriate legal action to protect its interests and may terminate this Agreement and also the other contractual relationship in between User and the Company with immediate effect. The User shall indemnify and hold harmless Leartes against any claims, damages, liabilities, costs, and expenses arising from such unlawful activities.
Article 4. Requirement for Internet Connectivity and User Account
4.1. The use of the Software requires an active internet connection. Upon completion of the installation, and for each subsequent use of the Software, the User must log in to their Cosmos user account to access the Software. This requirement persists unless the 'Remember Me' feature is activated, where applicable.
Article 5. Temporary Suspension of Software
5.1. Leartes reserves the right to temporarily suspend the provision of the Software, or any part thereof, under the following circumstances to ensure optimal service quality and security:
i. When necessary maintenance or repair of the Software's systems is being conducted to ensure continued service quality and functionality;
ii. In the event of circumstances beyond Leartes' reasonable control, including but not limited to natural disasters (such as fires, floods), power outages, acts of God, wars, riots, labor disputes, or other significant disruptions;
iii. In instances of system failure or when there is an unusually heavy load on the system that affects the stability or performance of the Software;
iv. When it is essential to secure the safety of Users or third parties, or in situations where there is an urgent necessity for the public welfare;
v. In cases where Leartes, in its reasonable discretion, determines that a temporary suspension is necessary for reasons not explicitly mentioned above, but which align with the intent of ensuring secure and reliable operation of the Software.
Article 6. Privacy
6.1. Leartes is committed to protecting the privacy and security of its Users. The Software does not monitor, track, or log any activities conducted by the User in other applications, nor does it browse, access, or collect information from files or data residing in the User's computer system, unrelated to the direct functionality of the Software.
6.2. Any collection of data by the Software is strictly limited to what is necessary for the operation and improvement of the Software and is done in compliance with the Privacy Policy. This includes, but is not limited to, information required for the activation, registration, updating, and troubleshooting of the Software.
Article 7. Limitation of Liability
7.1. In the event that Leartes incurs any damages, losses, or expenses as a result of the User's willful misconduct or negligence in connection with the use of the Software, the User agrees to indemnify and hold Leartes harmless from such damages. The User shall be obligated to compensate Leartes for these damages promptly upon Leartes' request.
7.2. Notwithstanding the generality of any other provision in this Agreement, Leartes shall not be liable for any damages, losses, or expenses arising in connection with this Agreement or the use of the Software, regardless of the nature and extent of such damages, except to the extent that such damages are directly caused by Leartes' willful intent or gross negligence. This limitation of liability applies to all claims, whether based in contract, tort, or any other legal theory, and whether or not Leartes has been advised of the possibility of such damages.
7.3. While Leartes strives to ensure that the Software is free from viruses and is secure, Leartes disclaims all liability for any damage or loss (including, but not limited to, data loss or information loss) that may occur due to the use of the Software on the User's computer system. The User acknowledges that they use the Software at their own risk.
Article 8. Disclaimer of Warranties
8.1. To the fullest extent permissible under applicable law, Leartes provides the Software 'AS IS' and 'AS AVAILABLE', without any warranties or representations of any kind, either express or implied. The User acknowledges and agrees that their use of the Software is at their sole risk.
8.2. Leartes expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Leartes does not warrant that the Software will meet the User's requirements or that its operation will be uninterrupted, error-free, or secure. The entire risk as to the quality, performance, and use of the Software is with the User.
8.3. The Software may contain or be accompanied by third-party components which are subject to their own terms and conditions. Leartes makes no representations or warranties with respect to such third-party components and shall not be liable for any issues arising from their use.
Article 9. Term of License and Termination
9.1. This License shall remain in effect until terminated as set forth herein. The User's rights under this License are valid as long as Users compliance with all terms and conditions of this Agreement. Termination of this License for any reason shall not affect Leartes' rights to seek other remedies available to it under law or in equity for any breach by the User under this Agreement.
9.2. The User's rights under this License will terminate automatically and immediately without any notice from Leartes if the User fails to comply with any term or condition of this Agreement. Upon such termination, the User must immediately cease all use of the Software and destroy or delete all copies, full or partial, of the Software in their possession or control.
Article 10. Governing Law
10.1. If the User is located within the European Union or the United States of America; This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. If the User is located elsewhere, this Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Republic of Türkiye.
Article 11. Modifications to the Agreement
11.1. Leartes reserves the right to modify the terms and conditions of this Agreement at any time. Such modifications shall generally be communicated to the User in conjunction with the release of updates to the Software. The continued use of the Software by the User following the release of such updates constitutes acceptance of the modified Agreement. If the User does not agree to the changes, they must cease using the Software and uninstall it from their devices.
11.2. Leartes shall endeavor to notify the User of any significant changes to this Agreement through the Software interface, or via email or other communication methods deemed appropriate by Leartes. It is the User's responsibility to review any such changes and to stay informed about the terms governing their use of the Software.
Article 12. Integrity with Terms of Use
12.1. This End User License Agreement is an indispensable and inseparable addendum to the Terms of Use. The provisions set forth in this EULA complement and are in addition to the provisions of the ToU.
12.2. Where applicable, the provisions of the ToU shall be considered an integral part of this EULA. In cases where provisions of the ToU are relevant and applicable, they shall be enforced to the extent that they are consistent with the terms of this EULA. In the event of any conflict or inconsistency between the provisions of this EULA and those of the ToU, the provisions of this EULA shall prevail.
12.3. This EULA and the ToU shall be interpreted in a harmonious and coherent manner to give full effect to all provisions, with the understanding that this EULA specifically governs the use of the Software.
