SENET Software License Agreement
BY USING THIS SOFTWARE, THE CLIENT CONFIRMS HIS CONSENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF THE CLIENT DOES NOT AGREE TO THE LICENSE TERMS, THE CLIENT MAY NOT INSTALL OR USE THE SOFTWARE.
IF THE CLIENT AGREES TO THE TERMS AND CONDITIONS OF THE LICENSE, THE CLIENT IS GRANTED THE FOLLOWING RIGHTS UNDER CERTAIN CONDITIONS AND ACCORDING TO THE TERMS AND CONDITIONS DESCRIBED HEREIN FOR EACH SOFTWARE LICENSE PURCHASED.
Whenever in the License Agreement the following names appear, they should be understood as follows:
ENESTECH – ENESTECH SOFTWARE CORPORATION (hereinafter – “ENESTECH”), a legal entity registered and existing under the laws of the State Delaware, the USA, registered office: 8 THE GRN STE 5172, DOVER DE 19901-3618, registered number: EIN 83-125-6337.
SENET Software – PC management platform developed and owned by ENESTECH, and intended to be used by the Client in the computer games and entertainment industry. SENET Software also includes all software, any data, tools and services provided through the Site, and related applications available to the Client on the Site. In the Turkish market SENET software is presented under the brand Enes-T.
Client – legal person or other entity without legal personality or natural person that shall be registered within Site and use SENET Software for its/his commercial purposes.
Account – Client’s account for SENET Software, which is created and signed up by the Client for using SENET Software.
End user – a person or persons renting personal computers or other related devices of the Client used within the SENET software.
Site – website run by ENESTECH and can be reached at URL address: https://senet.cloud/.
Tariff plan – the amount and procedure for making payments for the use of SENET Software.
1. GENERAL PROVISIONS
The SENET Software, as well as any software, documentation, interfaces, content, and any third party information that is included in this License, regardless of its form (collectively, the “SENET software” or “Software”), is not sold to the Customer, but is provided under the license by ENESTECH Software Corporation (“ENESTECH”), a company registered under the laws of the State of Delaware, United States of America, at the address: 8 THE GRN STE 5172, Dover DE 19901-3618, registration number – EIN 83-125-6337 – exclusively for use under the terms of this License. ENESTECH is the licensor and owner of SENET Software and retains all rights except those expressly granted to the Customer. The SENET Software is intended for use in the computer games and entertainment industry.
1.1. The Client (SENET Software user) may be either an individual, regardless of the Client’s country of residence, or a legal person, regardless of the country of legal registration.
1.2. Unless the applicable law grants the Client more rights despite this limitation, the Client may use the Software only as explicitly permitted in this License Agreement. In doing so, the Client must comply with all technical restrictions in the SENET Software that allow the software to be used only in a certain way. The Client is not entitled to:
1.2.1. disclose to the third parties the results of any performance measurement of the Software without the prior written consent of ENESTECH;
1.2.2. attempt to circumvent technical limitations in the Software;
1.2.3. study the technology, decompile or disassemble the Software, unless expressly permitted by applicable law, notwithstanding this limitation;
1.2.4. publish the Software, allowing others to copy it;
1.2.5. rent, lease or loan the Software (not to be confused with using the SENET Software as part of/ for services provided by the Client to the third parties);
1.2.6. transfer the Software to a third party, including any sub-license or other activity defined as a transfer.
1.3. ENESTECH provides access to future updates or upgrades of SENET software. Access to updates is open to all active Customers. SENET Software updates and upgrades, if any available, do not necessarily include all existing features of the Software or new features that ENESTECH releases for the SENET Software and that ENESTECH may implement separately as additional features and for a fee. The terms and conditions of this License shall apply to any updates or upgrades to the original SENET Software provided by ENESTECH, unless a separate license is required for such an update or upgrade, in which case the Customer agrees that the License terms and conditions for such update or upgrade shall apply.
1.4. The Client understands that SENET Software is a tool to manage the Client’s computer devices for its commercial or private purposes, and this does not relieve the Client of any of his obligations to End Users or third parties.
1.5. Visiting the Site and using the SENET Software are completely voluntary actions of the Client and under his sole responsibility.
2. SCOPE OF LICENSE
2.1. License. According to the terms and conditions of this License, the Client is granted a limited, non-transferable, non-exclusive, simple license to install and use the SENET Software on any devices owned or controlled by the Client. The client may use the SENET Software and its functions simultaneously or individually on any number of the devices that the Client has.
2.2 System requirements. SENET Software is only supported on equipment that meets certain system requirements. To use the SENET software, the Client will need access to the Internet, which the Client organizes himself/herself. The basic technical part of connecting a computer peripheral to the Internet as well as installing an operating system, creating such peripherals, connecting monitors and other interface elements is the Client’s obligation and is not the responsibility of ENESTECH.
2.3. Content. Title and intellectual property rights in respect of any data displayed or accessible via SENET Software belong to the owner of the relevant data. This data may be protected by copyright or other laws and international agreements on intellectual property rights. Except as provided in this License Agreement:
- this License does not grant the Client any rights to use such materials and does not guarantee that such materials will be available to the Client in the future, and
- the Client may not use, extract or distribute, for commercial or other purposes, any photographs, images, graphics, artwork or similar resources contained in or in the SENET Software or otherwise use such materials outside the original context of the SENET software.
2.4. Prohibition on opening the system code. The client does not have the right and agrees not to perform or permit others to copy (except as expressly permitted by this License Agreement), decompile, open the system code, disassemble, extract the source code, decrypt, modify and create derivative works based on the SENET software, as well as any services provided by the SENET Software and any parts thereof (except where the above restrictions are prohibited by applicable law, only within the limits of such prohibition, and unless such action is permitted by the provisions of the License regulating the use of open source components that are included in SENET software).
2.5 Compliance with the law. The Client agrees to use the SENET Software in accordance with the applicable laws of the State of Delaware, the USA, as well as the local mandatory laws of the country or region in which the Client resides or is registered (depending on whether the Client is an individual or legal person respectively) or in which the Client downloads or uses the SENET software, if such mandatory laws must apply.
2.6. Third party software. For your convenience, ENESTECH may provide access to certain third party software or services. Where SENET Software contains or provides access to the third party software or services, ENESTECH has no obligation, express or implied, to provide technical or other support for such software or services. In respect of technical support and customer service for such software, services and products, the Customer shall contact the relevant supplier or manufacturer of the software or service directly.
2.7. Obligations and limitations on use. The client agrees not to use the SENET Software in any way for the purpose of causing disturbance, insult, harassment, threats, defamation or violation of the rights of the third parties, and ENESTECH shall not be liable for such use of the SENET Software by the Client or for any harassing, threatening, libelous, offensive or illegal messages that the Client may receive due to the use. ENESTECH reserves the right to change, suspend, delete or block access to any services and materials at any time without notice. In no event shall ENESTECH be responsible for removing or blocking access to any such services. ENESTECH may also impose limits on the use of or access to certain services at any time without notice and shall not be liable for such limits.
3.1. Mandatory conditions for creating a Client’s Account is the registration process on the Site by filling out the form and providing ENESTECH with information, namely: the Client’s email address, Client’s name (full name of the company if the Client is a legal entity), username password and phone number.
3.2. The Client shall protect the confidentiality of the password and username and take full responsibility for Client’s own, and third party, use of Client’s password or Account.
3.3. From time to time, ENESTECH support staff may log in to the Client’s Account under the Client’s password in order to maintain or improve the Services, including to provide the Client assistance with technical or billing issues. The Client hereby acknowledges and consents to such access.
3.4. If the Client fails to pay for the use of SENET Software according to the terms and conditions of the selected Tariff plan, ENESTECH has the right to suspend the Client’s Account. In the absence of payments by the Client, ENESTECH has the right, within 15 (fifteen) calendar days after the suspension of the Client’s Account, to delete the Account and the personal data of the End users. During these 15 (fifteen) calendar days, the Client has the right to request ENESTECH to upload and transfer to the Client the personal data of the End users, after which ENESTECH does not bear any responsibility for the processing and disposal of such personal data of the End users.
4. TYPES OF SUBSCRIPTION
ENESTECH uses two types of subscription in its work, namely: “Free version” and “Revenue share”. The Client has an opportunity to choose the type of subscription in the Client’s Account.
4.1. REVENUE SHARE
4.1.1. This type of subscription implies a fee for the use of the SENET Software according to the tariff specified in the section “SENET Subscription” the Account of the Client, as well as the possibility to place in the SENET Software interface any information and/or advertising materials and links to the third party websites with the division of profits from such placement between ENESTECH and the Client.
4.1.2. The tariff for the use of SENET Software according to the section of the ENESTECH pricelist can be found at the following link https://senet.cloud/en/pricing. By clicking on the link, the Client will be able to get acquainted with the cost and scope of functionality of the SENET Software.
4.1.3. The beginning of the subscription period will be considered to be the date of acceptance of the terms and conditions of this License Agreement, and the financial obligations will come into effect from the moment the advertisement is placed in the interface.
4.1.4. By accepting this License Agreement, the Client becomes a partner of ENESTECH in the provision of advertising services through the SENET software.
4.1.5. ENESTECH guarantees that all advertisements in the SENET Software interface are in accordance with the law and do not contain prohibited content.
4.1.6. From the moment of advertisement is placed in the interface of SENET Software, the percentage of income from such placement will be displayed in the Clients’ Account.
4.1.7. In the event that profits received by the Client from advertising using the SENET Software under the “Revenue share” subscription exceed the SENET Software usage fee, the profits from advertising in excess of the SENET Software usage fee shall be accumulated and specified in the Client’s Account.
4.1.8. Once a quarter, the Client has the right to receive a report on profits from advertising using the SENET software.
4.1.9. The Client is entitled to receive quarterly payment of the accumulated funds for the use of SENET Software under this License Agreement.
4.1.10. Payment of accumulated profits for placement of advertisements with the help of SENET Software within the framework of the following License Agreement is paid by transferring funds to a bank card linked to the SENET payment system.
4.1.11. Companies and organizations pay ENESTECH to display advertisements for their products and services. By using the SENET software, the Client agrees that ENESTECH may show to the end users advertisements that ENESTECH considers to be in the interests of relevant end users. ENESTECH uses personal information from the end users to determine which advertisements will be most relevant.
4.1.12. ENESTECH guarantees that all advertising in the SENET Software interface will not affect the performance of both the program itself and the programs running on a PC with SENET Software installed, including no negative impact on the gameplay of computer games.
4.1.13. ENESTECH has the right to determine the necessary amount of personal data from the Clients to form advertising targeting. By accepting this License Agreement, the Client undertakes to provide such data to ENESTECH in compliance with all relevant requirements of the law on personal data handling, including, but not limited to, obtaining the consent of the user to the processing of his/her personal data both for himself/herself and for ENESTECH.
4.2. FREE VERSION
4.2.1. The Free Version means the type of subscription in which ENESTECH does not charge for the use of SENET Software, however, ENESTECH has the right to display advertisements in the SENET Software interface, as well as any information and / or advertising materials and links to the third-party websites, but without prejudice to the functionality of SENET Software. The functionality of the Free Version is limited. Free Version is available only for the Clients of the certain regions.
4.2.2. Companies and organizations pay ENESTECH to show ads for their products and services. By choosing the Free Version and using SENET Software, the Client agrees that ENESTECH may display advertisements to the End Users that will fit their interests based on opinion of ENESTECH.
4.2.3. The Client agrees that Software with a free subscription can display ads and use more of your resources listed above than Software with Revenue Share.
4.2.4. To switch to the “Revenue share” subscription on an ongoing basis, the Client must send ENESTECH the relevant request in the Client’s Account.
5. ANALYSIS TOOLS AND ADVERTISING TECHNOLOGIES
5.1. Depending on the chosen tariff plan, ENESTECH has the right to place advertising information or any other information for public distribution on the user account page, but without prejudice to the content of the account.
5.2. SENET Software may contain technology (which may be provided by a service provider, (referred to separately as “Dynamic Advertising Provider”)) that allows you to download ad units into the Software Product installed on your PC and display them alternately while using your PC and/or playing online. In order for the Dynamic Advertising Provider to be able to direct advertisements and for the correct placement of such advertisements within the PC game, the Dynamic Advertising Provider may collect and store certain information and data, including IP address, geographic location information, game situation and parameters of visual display of advertisements that the end user may observe during the game (e.g., duration of time during which a particular advertisement block is displayed, its size). In addition, the Dynamic Advertising Provider may assign a unique identification number, which is stored on the PC and used to track and count the number of times the Dynamic Advertising is viewed during the game. No data collected for this purpose may be used to identify users.
5.3. ENESTECH uses the third party technologies that allow advertising activities in the SENET software, temporarily display advertising in the SENET Software and allow collecting information about the results of advertising activities in the SENET software. The information collected and used for targeted advertisements may include, without limitation, the following: age and gender, the number of times the advertisement is viewed, the unique identifier of the mobile device or identifiers and settings of other devices, information about the use of the SENET Software and other Internet sites (including third party and mobile Internet sites) viewed by users (and the date and time of viewing), the advertisement displayed, the duration and location of the advertisement in the game, and the response to the advertisement (if any). Advertising analysis tools and technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect this information, as well as information obtained from the third party websites, mobile products and services, demographic, advertising, market and other analytical research. This information is not considered as personal information, however, if ENESTECH combines any piece of information with personal data, ENESTECH will treat this information as personal data.
5.4. ENESTECH does not sell personal information to advertisers or pass on to advertisers information that directly identifies the end user (e.g. name, email address or other contact information) unless the end user has given us explicit permission to do so. However, advertisers may inform ENESTECH of the target audience for their advertisements, and ENESTECH will show these advertisements to the people for whom they are relevant. ENESTECH provides advertisers with reports on the effectiveness of their advertisements that help them understand how people interact with their content.
5.5. ENESTECH may contract with third party advertising networks to deliver actual advertisements to the users via the Internet.
5.6 Technological means used by Dynamic Advertising Providers may be located outside the country of residence of the Client.
5.7. Some advertising materials and other communications from ENESTECH will be based on information provided by the third parties, so ENESTECH will not be liable for any loss or damage incurred in connection with any advertising or communications. Furthermore, relationships with advertisers, including without limitation trust in advertisements, commercial transactions and related obligations, are established exclusively between the users and such advertisers.
6.1. The Client shall automatically and without notice from ENESTECH be deprived of the rights granted to the Client by this License Agreement if any of the terms of this License Agreement are violated. In the event of termination of this License Agreement, the Client shall cease all use of the SENET Software and destroy all full or partial copies of the SENET software. At the same time, all sections of this License Agreement that contain the provisions applicable hereafter shall remain in force on any termination.
6.2. This License Agreement may be prematurely terminated unilaterally, subject to a prior 90 calendar days written notice before the desired date of termination of the License Agreement.
6.3. In the event of failure to comply with the conditions of clause 6.2. of this License Agreement, the Client loses the accumulated profit for placing advertisements in the SENET software.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Site and SENET Software are protected by copyright laws and international treaties worldwide.
7.2. The Client must comply with the intellectual property rights of ENESTECH and third parties. The Client confirms and agrees not to have any rights, property rights or claims for intellectual property of ENESTECH and is not entitled to use it, except when such use is permitted by the License Agreement.
7.3. It is strictly forbidden to copy, distribute, modify, transmit, communicate or make available to the public, extract, reuse or otherwise use in any way the Site or any of its parts or elements. Violation of these obligations may constitute a violation of intellectual property rights and applicable laws.
7.4. Each side will immediately inform the other side of any violations of intellectual property rights that they may be aware of, and the parties will fully cooperate in protecting such rights.
7.5 ENESTECH has granted ENESTECH SOFTWARE (CYPRUS) LTD, a legal entity under the laws of Cyprus, registered office: Vasili Michailidi, 9, 3026, Limassol, Cyprus, the right to use the source code of the SENET Software or its parts for the purpose of creating another new unique product of the SENET 2.0 Software, by making changes to the source code or its. The Parties have agreed that ENESTECH SOFTWARE (CYPRUS) LTD does not have the right to use the SENET Software for commercial purposes, including selling the SENET Software as a product, and/or any other its use for the purpose of commerce and/or profit.
7.6 SENET 2.0 Software is a newly created product and is considered a new object of intellectual property rights. ENESTECH SOFTWARE (CYPRUS) LTD is the owner of the SENET 2.0 Software, and owns the exclusive intellectual property rights.
8. LIMITATION OF THE SCOPE OF GUARANTEES AND LIABILITY
8.1. The Client fully and to the extent acknowledge and agree that, in accordance with the applicable law, the Client uses the SENET Software at his or her own risk and accepts that he or she is responsible for the proper quality and the result of the use of the SENET software. To the fullest extent permitted by law, the SENET Software is provided on “AS IS” and “AS AVAILABLE” terms, with all faults and without warranties other than those provided for in this License Agreement. ENESTECH does not guarantee that the use of the SENET software, the functionality contained in the software, or the compatibility or operation of the SENET Software with third party software, applications or services will meet personal requirements. The installation of the SENET Software may affect the ability to use third party software, applications or services. ENESTECH does not assume any liability for the software. The Client acknowledges that the SENET Software is not intended or suitable for use outside the gaming industry, i.e. the computer games and entertainment industry, as defined in clause 1.1. herein.
8.2. In all cases not prohibited by applicable law, ENESTECH shall not be liable for any personal injury or any incidental, special, indirect or other consequential damages, including but not limited to loss of profits, damage to or loss of data, inability to transmit or receive any data, business interruption or other commercial loss or damage arising from or related to the use of or inability to use the SENET Software. In any event, ENESTECH’s total liability to Customer for all damages (except as otherwise provided by applicable mandatory law to the minimum extent required by these provisions) shall be limited to thirty (30) US dollars.
8.3. The Client is responsible for any information or other content (including data files, texts, as well as other files and images) obtained through the use of the SENET Software, which he/she or his/her users pass on to third parties, and for all consequences of the use of the SENET Software (including any damages that may be incurred by the Client and third parties).
8.4. The Client is responsible for any actions related to the configuration and launch of computer games using the SENET Software, including their legality and compliance with applicable law (including any damages that may be incurred by the Client and third parties).
9. FINAL PROVISIONS
9.1. Transfer of rights. This License Agreement, as well as the rights and obligations under it, are binding on the respective successors of the parties, but none of the parties has the right to transfer or assign their rights and obligations under this License Agreement. An exception is the right of ENESTECH to transfer all its rights and obligations under this License Agreement to its affiliates without obtaining the consent of the Client.
Such an affiliate is:
ENESTECH SOFTWARE (CYPRUS) LTD, a legal entity under the law of Cyprus, registered at Vasili Michailidi, 9, 3026, Limassol, Cyprus.
9.2. Full agreement. This License Agreement constitutes the entire agreement regarding its subject matter and supersedes any previous oral or written agreements, as well as all representations, understandings, communications or expressions of intent regarding the subject matter of this License Agreement.
9.3. Interaction. None of the provisions of this License Agreement is deemed to be any partnership between the parties, and neither of the parties has the right to bind the other party other than in accordance with this License Agreement, or be considered an agent to each other.
9.4. Notifications. ENESTECH can send any necessary notice to the Client by e-mail, mail, message in SENET Software or any other legally acceptable means.
9.5. Applicable law. This License Agreement is governed by and construed in accordance with the laws of the State of Delaware, USA.
9.6. Dispute Resolution. By accepting this License Agreement, the Client agrees to grant exclusive personal jurisdiction to the state courts of the state of Delaware, USA in order to resolve any dispute related to the Client visiting the Site or using SENET software.
9.8. This License Agreement may be changed by ENESTECH without any prior notice. Any changes to the License Agreement made unilaterally by ENESTECH will be effective on the day following the date on which such changes are posted on the ENESTECH Site. The Client undertakes to check the License Agreement for changes independently. Failure by the Client to read the License Agreement and/or the amended version of the License Agreement shall not be the basis for the Client’s failure to perform its obligations and to comply with the restrictions set out in the License Agreement.
9.9. In case of any discrepancies between the texts of this License Agreement in different languages, the English language version shall prevail.