GREEN SOFTWARE OMNIVEX SCADA

SOFTWARE USER AND LICENSE AGREEMENT (EULA)

Please read the following agreement carefully before installing and/or using this software. By downloading, installing, and/or using this software, you agree to all the terms below. If you do not agree to these terms, do not use the software.

1. Licensor’s Details and Pre-Contractual Information

Company Name : GREENSOFT TEKNOLOJİ HİZMETLERİ VE TİCARET ANONİM ŞİRKETİ
MERSİS NO : 0411119482700001
Tax ID No : 4111194827
Address : ÜNİVERSİTE MAH. HASTANE CAD. TRABZON TEKNOKENT NO: 19 B İÇ KAPI NO: 3303 ORTAHİSAR/ TRABZON
Phone Number : [···]
E-Mail : contact@greensoft.ai

Consumer complaints and requests may be communicated via the e-mail address and telephone number provided herein.

OMNIVEX SCADA: Omnivex is an SCADA software that helps businesses achieve operational excellence. It enables seamless management, optimization, and future-proofing of your processes using modern technologies

Tax-Inclusive Price: {total_price}
Performance Period : Use may commence immediately upon completion of installation.
Right of Withdrawal: The software covered by this Agreement is supplied under a contract performed instantly in electronic form and, as an intangible good delivered to the consumer immediately, falls within Article 15/1-(ğ) of the Distance Contracts Regulation; accordingly, the consumer has no right of withdrawal. Where the customer is not a consumer, the user likewise has no right of withdrawal.
Compatible Devices: It can be used on computers and supported browsers. The program can be accessed via browsers on phones, tablets, and computers.
Technical Protection Measures: Supported Operating Systems: Windows Server 2016/2019/2022,Windows 10/11
Required Other Software: Supported Databases: PostgreSQL
Supported Browsers: Chrome,Edge,Firefox,Safari
Required Hardware: Dual-core processor,4GB RAM,5 GB free HD space (Requirements vary by usage)

2. Grant of License and Right of Use

Green Software ("Green Software") grants the license for SCADA software to be used solely by licensed users in commercial or industrial environments. This is a non-exclusive, limited license to run the software on a single device or system, as specified in the agreement, for a particular duration (e.g., perpetual, annual subscription, etc.). The license is granted to a single legal entity unless explicitly stated otherwise. While the software may be installed on additional devices or systems, the licensed version may only be run on one device at any given time. The license is non-transferable, non-sublicensable, non-lendable, and may not be made available for use by third parties in any way. The Green Software reserves the right to audit compliance with these license terms.

These terms apply only to licensed versions of the software. For unlicensed versions, users are free to install and use the software on any number of devices without restriction.

The User shall install the software within two (2) days of approving this Agreement and shall complete testing within the same two-day period.Otherwise, Green Softwere shall have no liability whatsoever.

3. Intellectual Property Rights

All rights, ownership, and intellectual property rights in and to the Software are exclusively owned by Green Software. The software is protected by national and international copyright laws and other intellectual property legislation. The user has no right of access to the source code of the software. No part of the software may be copied, reproduced, modified, reverse engineered, decompiled, disassembled, rented, sold, redistributed, publicly displayed, or used to create derivative works without the express written permission of Green Software. Green Software reserves the right to file a criminal complaint under Articles 71 and other provisions of Law No. 5846 on Intellectual and Artistic Works should it detect such a situation.

The user acknowledges that the software may include technical protection measures designed to prevent or detect unauthorized use. The user shall not disable, interfere with, or circumvent any such protective measures. If Green Software provides any limited portions of code, software libraries, or similar development tools for the purpose of integration or customization, such materials remain the confidential and proprietary information of Grren Software; the user shall use them only as permitted and solely in conjunction with the software, and shall not disclose them to any third party. These prohibitions apply to all components of the software, including its documentation, user interfaces, and related materials.

4. Usage Restrictions

The user agrees, acknowledges and undertakes not to:

· Reverse engineer, decompile, disassemble, or in any way attempt to derive the source code of the software or any portion thereof.
· Rent, sell, transfer, sublicense, or otherwise commercially exploit the software or the license granted herein to any third party.
· Attempt to bypass, disable, or circumvent any security features or license verification mechanisms of the software.
· Install or run the software beyond the usage limits specified in the license agreement (e.g., number of installed copies, concurrent users, monitored devices, etc.).
· Use the software for any illegal, unethical, or harmful purposes, particularly in critical infrastructure where it could create security vulnerabilities or compromise operational integrity.
· Process or store data obtained through the software in a manner that violates applicable data privacy and security laws.

5. Use in Industrial and Critical Systems

This software is specifically designed for monitoring and controlling industrial processes. Green Software shall not be held responsible for any production loss, physical damage, operational downtime, or consequential damages resulting from incorrect installation, misuse, system failures, operator errors, or external interference. The user is solely responsible for performing all necessary tests, implementing backup systems, and taking appropriate security precautions when using the software in critical infrastructure (e.g., power plants, water treatment facilities, transportation systems, etc.). This includes implementing cybersecurity measures, preventing unauthorized access, and establishing emergency response plans.

6. Updates and Technical Support

Green Software may provide optional or mandatory updates for the software from time to time. Updates may only be available during a valid license period. The content, frequency, and manner of providing updates are at the sole discretion of Green Software.

Technical support is subject to the terms and conditions of a separate support agreement. A standard license may not include this service. The support agreement details the scope of support, response times, and communication channels.

7. Data and Security

The user is solely responsible for all data collected, processed, or used by the software. The user is obligated to ensure accuracy, integrity, security, and compliance with applicable data privacy laws regarding their data. Green Software is not liable for any direct or indirect damages caused by data loss, data integrity issues, or cyberattacks. The user is responsible for implementing appropriate security measures (e.g., encryption, access controls, backups, etc.) to protect their data.

It is fundamental that no personal data be processed within the SCADA software. Personal data may be processed only when and to the extent strictly required by the nature of the work, in which case the user bears sole responsibility for any personal data embedded in the SCADA Software

Green Software does not, under any circumstances, permit the processing of Special Category Personal Data within the licensed SCADA Software, and the scope of the Licence is correspondingly limited.

If, for updates, maintenance, bug fixes or similar purposes, Green Software must access or connect to the user’s operating system, the user is obliged to mask/hash or otherwise conceal all Personal Data it has transferred into the software; failing this, all liability shall rest solely with the user.

The software will not monitor or track your data or information unless explicit consent is obtained from you. Unless required by law, no personal information will be shared with or sold to third parties.

8. Termination of Agreement

In the event of any breach of this agreement by the user, Green Software reserves the right to immediately terminate the license. Upon termination, the user is obligated to remove the software from all systems and cease its use immediately. No license fees will be refunded.

Green Software may also terminate this agreement if it ceases its business operations, discontinues support for the software, or for other justifiable reasons, by providing the user with reasonable prior notice.

9. International Validity and Governing Law

This Agreement shall be governed by the laws of Turkey.

Any dispute arising out of, or in connection with, this Agreement shall be finally resolved by arbitration under the Arbitration Rules of the Istanbul Arbitration Centre (“ISTAC”), administered by ISTAC. The seat of arbitration shall be Istanbul, Republic of Türkiye, and the language of the proceedings shall be English. Turkish law shall govern the merits of the dispute.

The number of arbitrators shall be determined in accordance with the ISTAC Rules. Either party may, when necessary, request interim or conservatory measures pursuant to the ISTAC Emergency Arbitrator Rules.

10. Additional Provisions

10.1. Limited Warranty:

"The software is provided 'as is' without any express or implied warranties of any kind. Green Software does not warrant that the software will operate error-free or uninterrupted, or that it will meet the user's specific requirements. The user acknowledges that the entire risk arising out of the use or performance of the software remains with the user. To the maximum extent permitted by applicable law, Green Softwareshall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of or inability to use the software.

10.2. Limitation of Liability: In no event shall Green Software's total liability to the user for all claims arising out of or relating to this agreement exceed the amount of the license fees paid by the user for the software. In no event shall Grren Software Green Software be liable for any lost profits, loss of data, business interruption, loss of goodwill, or any indirect, incidental, special, consequential, or punitive damages, however caused and regardless of the theory of liability, even if Green Software has been advised of the possibility of such damages. This limitation of liability shall apply even in the event of a fundamental breach of this agreement, except where such limitation is prohibited by mandatory applicable law.

10.3. Audit Rights: "Green Software or its authorized representatives shall have the right, upon reasonable prior notice, to inspect the user's premises and records to verify the user's compliance with the terms of this agreement. The user agrees to provide all necessary information and cooperation to facilitate such audits. In the event that an audit reveals any non-compliance with the license terms, the user shall promptly take all necessary actions to remedy such non-compliance, and Green Software reserves the right to terminate the agreement.

10.4. Export Controls: The user acknowledges that the software and related technical data may be subject to the export and import control laws and regulations of the Republic of Turkey and other relevant countries. The user agrees to comply fully with all applicable export and import control laws and regulations in exporting, re-exporting, or transferring the software and related technical data. The user is solely responsible for obtaining all necessary export and import licenses and permits.

10.5. Severability: If any provision of this agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from this agreement, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the original intent of the severed provision.

10.6. Agreement Modifications: "Green Software reserves the right to update or modify the terms of this agreement from time to time at its sole discretion. Any changes will be communicated to users by posting them on Green Software's website or through notifications within the software. The user's continued use of the software after the effective date of any changes constitutes acceptance of the updated terms. If the user does not agree to the updated terms, the user must cease using the software and terminate the license. Green Software reserves the right to terminate the license if the user refuses to accept the updated terms.

10.7. Liability for Regulatory Sanctions: If any central or independent regulatory authority — including, without limitation, the Personal Data Protection Authority or the Information and Communication Technologies Authority or Ministry of Commerce — imposes any sanction, fine, penalty, or other measure on Green Software in connection with this Agreement or the Licensed Software for any reason, the User shall bear sole responsibility for such sanction.

Following Green Software’s written notice to the User of any imposed sanction, the User shall promptly indemnify and hold harmless Grren Software from and against all losses, costs, damages, and expenses arising from that sanction. The User may not condition, delay, or withhold such indemnification on Green Software’s commencement or pursuit of any judicial or administrative challenge to the sanction.

10.8. Penalty Clause: The User agrees that in the event of a breach of the license or any unauthorized use of the software, the user shall, upon demand, pay to Green Software liquidated damages equal to three times the applicable license fee for the usage in question. The Parties agree that the foregoing amount shall constitute a contractual penalty payable in addition to performance. If Grren Software’s actual damages exceed that amount, Grren Software reserves the right to recover the excess.

10.9. Third-Party Software and Hardware: Green Software shall not be liable for any malfunction, failure, or damage resulting from defects or incompatibilities in any third-party software, hardware, or services upon which the software relies. The User is solely responsible for procuring and maintaining all third-party components (such as operating systems, database software, network infrastructure, and hardware controllers) that meet the requirements of the Software and for ensuring their proper operation. Any warranties, maintenance, or support for third-party products or services are the responsibility of the respective third-party providers, and Green Software assumes no liability for any failures or damages attributable to such third-party components.

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