SENET 2.0 SOFTWARE LICENSE AGREEMENT
BY USING THIS SENET 2.0 SOFTWARE, YOU CONFIRMYOUR CONSENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE LICENSE TERMS, YOU MAY NOT INSTALL OR USE THE SENET 2.0 SOFTWARE.
Whenever in this License Agreement the following names appear, they should be understood as follows:
ENESTECH – ENESTECH SOFTWARE (CYPRUS) LTD, a legal entity under the laws of Cyprus registered office: Emmanouil Roidi, 10-12 2nd floor Agіa Zoni, 3031, Limassol, Cyprus.
SENET Software – PC management platform developed and owned by ENESTECH SOFTWARE CORPORATION, a legal entity registered and existing under the laws of the State of Delaware, the United States of America, registered office: 108 West 13th Street, Wilmington, DE, 19801, registered number: EIN 83-125-6337.
SENET 2.0 Software – PC management platform developed and owned by ENESTECH SOFTWARE (CYPRUS) LTD, a legal entity under the laws of Cyprus registered office: Vasili Michailidi, 9, 3026, Limassol, Cyprus, and intended to be used by the Client in the computer games and entertainment industry. In the Turkish market SENET 2.0 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 2.0 Software for its/his commercial purposes.
Account – Client’s account for SENET 2.0 Software, which is created and signed up by the Client for using SENET 2.0 Software.
End user – a person or persons renting personal computers or other related devices of the Client used within the SENET 2.0 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 2.0 Software.
1. GENERAL PROVISIONS
1.1. ENESTECH SOFTWARE CORPORATION, a legal entity incorporated under the laws of the State of Delaware, the United States of America, registered address: 108 West 13th Street, Wilmington, DE, 19801, registration number – EIN 83-125-6337 has granted to 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 part for the purposes of creating another new, unique product SENET 2.0 Software, by making changes to the source code or parts thereof. ENESTECH SOFTWARE (CYPRUS) LTD has no rights to use SENET Software for commercial purposes, including selling SENET Software as a product, and/or any other use of SENET Software for commercial purposes and/or making profit.
1.2. ENESTECH SOFTWARE (CYPRUS) LTD is the licensor and owner of SENET 2.0 Software and holds all the intellectual property rights. SENET 2.0 Software is protected by copyright laws and international rights and other intellectual property rights.
1.3. SENET 2.0 Software is not sold to the Client, but is licensed under a simple, non-exclusive license.
1.4. The Client may only use SENET 2.0 Software in the ways expressly permitted in this License Agreement. The Client does not have the right to:
1.4.1. disclose the technology or decompile SENET 2.0 Software.
1.4.2. expand, modify, tweak, or broaden any components of SENET 2.0 Software, or the original code of the SENET 2.0 Software as a whole, incl. for development of competitive programs.
1.4.3. modify or remove the components from SENET 2.0 Software.
1.4.4. transfer SENET 2.0 software to a third person, including any sub-license, unless it is stipulated herein.
1.5. ENESTECH provides access to future updates or upgrades of SENET 2.0 software. Access to updates is open to all active Clients. ENESTECH reserves the right to win updates and upgrades of SENET 2.0 software, as additional functions and charge for them a weather fee from the Client. ENESTECH reserves the right to use updates and upgrades of SENET 2.0 Software as additional functions and charge a separate fee for them upon agreement with the Client. The terms and conditions of this License Agreement shall apply to any updates or upgrades to the original SENET 2.0 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.
1.6. The Client understands that SENET 2.0 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.
1.7. Visiting the Site and using the SENET 2.0 Software are completely voluntary actions of the Client and under his sole responsibility.
2. SCOPE OF LICENSE
2.1. 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 2.0 Software on any devices owned or controlled by the Client. The client may use the SENET 2.0 Software and its functions simultaneously or individually on any number of the devices that the Client has.
2.2. SENET 2.0 Software is only supported on equipment that meets certain system requirements. To use the SENET 2.0 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. Title and intellectual property rights in respect of any data displayed or accessible via SENET 2.0 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 for commercial or any other purposes and does not guarantee that such materials will be available to the Client in the future, and
2.4. The Client agrees to use the SENET 2.0 Software in accordance with the applicable laws of Cyprus 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 2.0 software, if such mandatory laws must apply.
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 2.0 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 2.0 Software according to the tariff specified in the section “SENET 2.0 Subscription” the Account of the Client, as well as the possibility to place in the SENET 2.0 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 applicable tariff for utilizing SENET 2.0 Software, as well as the comprehensive features and pricing details, shall be provided by our dedicated sales representative. Kindly reach out to the sales team to obtain the most up-to-date information on pricing and the extent of SENET 2.0 Software functionalities.
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 2.0 software.
4.1.5. ENESTECH guarantees that all advertisements in the SENET 2.0 Software interface are in accordance with the law and do not contain prohibited content.
4.1.6. In the event that profits received by the Client from advertising using the SENET 2.0 Software under the “Revenue share” subscription exceed the SENET 2.0 Software usage fee, the profits from advertising in excess of the SENET 2.0 Software usage fee shall be accumulated and specified in the Client’s Account.
4.1.7. Once a quarter, the Client has the right to receive a report on profits from advertising using the SENET 2.0 software.
4.1.8. The Client is eligible to receive periodic disbursements of the accrued funds related to the utilization of SENET 2.0 Software pursuant to this License Agreement, contingent upon the presence of an active contractual agreement with an advertising collaborator, and provided that the Client has an active advertising campaign with said third-party advertiser in progress. The methodology for calculating compensation for each individual campaign varies and is determined individually in consultation with the Sales or Customer Success Manager.
4.1.9. Accumulated profits generated from advertising placements facilitated by SENET 2.0 Software under the terms of the License Agreement are credited to the client’s account within the SENET 2.0 payment system. These credited funds are intended for the subscription usage only. In the event of a subscription cancellation, it is imperative to note that any bonuses accrued during the quarter will not be subject to reimbursement.
4.1.10. Companies and organizations pay ENESTECH to display advertisements for their products and services. By using the SENET 2.0 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.
4.1.11. ENESTECH guarantees that all advertising in the SENET 2.0 Software interface will not affect the performance of both the program itself and the programs running on a PC with SENET 2.0 Software installed, including no negative impact on the gameplay of computer games.
4.1.12. 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.
4.1.13. In the event of the absence of extant contractual commitments with advertising partners, Enestech shall bear no responsibility for any financial disbursements or the execution of revenue-sharing protocols.
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 2.0 Software, however, ENESTECH has the right to display advertisements in the SENET 2.0 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 2.0 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 2.0 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 2.0 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 2.0 software, temporarily display advertising in the SENET 2.0 Software and allow collecting information about the results of advertising activities in the SENET 2.0 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 2.0 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 2.0 Software and destroy all full or partial copies of the SENET 2.0 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 2.0 software.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Site and SENET 2.0 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
7.3. 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.
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 2.0 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 2.0 software. To the fullest extent permitted by law, the SENET 2.0 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 2.0 software, the functionality contained in the software, or the compatibility or operation of the SENET 2.0 Software with third party software, applications or services will meet personal requirements. The installation of the SENET 2.0 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 2.0 Software is not intended or suitable for use outside the gaming industry, i.e. the computer games and entertainment industry.
8.2. ENESTECH shall in all cases, not prohibited by applicable law, and under no circumstances be liable for any lost profits, loss of revenue or sales turnover, loss of data, as well as costs for the purchase of substitute goods or services, damage to property, suspension of work, loss of business information or any other damages, including direct and indirect, which were caused as a result of any actions regarding interference with the operation of SENET 2.0 Software by any third party, installation of malicious software by a third party and/or integration any files that will affect the operation of SENET 2.0 Software, intentional interference with the operation of SENET 2.0 Software in any way or other factors that may cause liability, including damage due to the use of the software or the inability to use it. Since some countries and individual laws do not allow to exclude such liability, but allow to limit it, in such cases ENESTECH’s liability to the Client for all damages (unless otherwise provided by the provisions of the applicable mandatory legislation – in the minimum amount required by these provisions) is limited to the amount of 30 (thirty) 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 2.0 Software, which he/she or his/her users pass on to third parties, and for all consequences of the use of the SENET 2.0 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 2.0 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. This License Agreement, as well as the rights and obligations under it, are binding on the respective successors of the parties, the Client has not the right to transfer or assign its rights and obligations under this License Agreement. ENESTECH has a right to transfer all its rights and obligations under this License Agreement to its affiliates without obtaining the consent of the Client.
9.2. 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. Applicable law. This License Agreement is governed by and construed in accordance with the laws of the State of Delaware, USA.
9.4. All disputes related to this License Agreement, its conclusion or those that arise in the process of fulfilling the terms of this License Agreement shall be resolved through negotiations between the representatives of the parties. If the dispute cannot be resolved through negotiations, it shall be resolved in court under the established jurisdiction and jurisdiction of such dispute in the manner determined by the relevant applicable legislation of Cyprus.
9.5. 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.
9.6. In case of any discrepancies between the texts of this License Agreement in different languages, the English language version shall prevail.