IMPORTANT
PLEASE READ THESE TERMS CAREFULLY BEFORE USING STAND SOFTWARE. BY DOWNLOADING, INSTALLING OR USING STAND SOFTWARE PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED WITH THIS LICENSE AGREEMENT. STAND SOFTWARE PRODUCTS ARE BOUND WITH THIS LICENSE AGREEMENT. STAND SOFTWARE PRODUCTS OBTAINED VIA AUTODESK APP STORE ARE ALSO BOUND WITH AUTODESK EULA.
1. DEFINITIONS
1.1 STAND Engineering: STAND Engineering Consulting and Trade Company Limited. Ankara/TURKEY
1.2 STAND Software: Standalone executable or plugin/addin program designed and developed by STAND Engineering.
1.3 License: An authorization, non-exclusive, non-transferable, non-assignable and for internal use only, granted by STAND Engineering to the Licensee to use STAND Software under this agreement.
1.4 Licensee: A corporate entity or an individual paid customer of a Standard License or user of a Trial License to use STAND Software in accordance with this agreement.
1.5 Trial License: A licensing scheme which enables full functionality for a given Trial Period.
1.6 Standard License: A licensing scheme which enables full functionality for a year (365 days).
1.7 Object Code: Binary machine readable/executable version of STAND Software.
1.8 Source Code: Human readable statements in a computer language, which when processed by a compiler, assembler or interpreter become executable by a computer.
2. GRANT OF LICENSE
2.1 Subject to the provisions of this Agreement as well as the payment of all applicable license fees for the term of License, STAND Engineering grants Licensee and Licensee accepts a limited, non-exclusive, non-transferable, non-assignable object code license to use STAND Software solely for Licensee's internal business, on the workstations/personal computers set forth in each particular order.
2.2 STAND Engineering may terminate the license grant if the Licensee breaches the individual terms of the Agreement.
2.3 STAND Software is being licensed, not sold. STAND Engineering expressly reserves and maintains at all times all proprietary rights in and to the STAND Software, including any intellectual property rights therein. This EULA does not grant any ownership rights in the STAND Software, but shall only give permission use STAND Software until this Agreement is terminated.
2.4 For evaluation purposes, a “Trial License” can be obtained for free. Trial License enables full functionality of the application within a specified time frame, referred as “Trial Period”. This evaluation period is set to 3 days by default but may be subject to change depending on the application.
2.5 In order to use software with full functionality after the “Trial Period”, user must obtain a “Standard License”. A “Standard License” will be valid only for the application and for the computer that it is issued for.
2.6 “Standard License” is paid and issued annually. This will grant the Licensee to run the licensed software for one year with full functionality and receive priority support. After the one year period, STAND Software will run with limited functionality unless a new license is issued.
2.7 Once new license is purchased, if there is remaining time span from existing “Trial/Standard License”, this residual period will be added to the expiry date of the new license to extend the valid duration in favor of the user.
2.8 Licensing process involves secure signing of the license file containing machine specific information. Request code generated within the application must be submitted during the purchase. This encrypted code is produced with hardware specific information not containing any user sensitive data. License will be provided in a self-signed human-readable xml file.
2.9 License is non-assignable and non-transferable by merger, consolidation, operation of law or otherwise, shall not be sublicensed, rented or made available to be used by third parties.
3. TERM OF LICENSE
Subject to the limitations contained in this Agreement, the term of each individual License granted under this Agreement begins on the date of installation of the STAND Software.
4. DISCLAIMER OF WARRANTY
4.1 STAND ENGINEERING MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE STAND SOFTWARE OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY LICENSEE.
4.2 STAND Engineering put considerable time and effort into development and testing process of engineering software. Nevertheless, the user agrees and recognizes that no warranty is stated or implied on the accuracy or the reliability of these software products. User must clearly comprehend the underlying assumptions of the software in question.
4.3 STAND Software is provided "AS IS" by STAND Engineering, and any use of the software is at your own risk. Licensee acknowledges that the software may contain bugs, errors, and other problems that could cause system or other failures and data loss.
4.4 STAND Engineering does not warrant the operation and performance of the STAND Software, to be uninterrupted or error free.
4.5 All of the end results produced by any of the STAND Software products must be examined and checked by a qualified user. Where necessary, user must individually verify the results and take responsibility for the data and design that is used.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL STAND ENGINEERING BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF USERS USE OF OR INABILITY TO USE OF STAND SOFTWARE. IN NO EVENT WILL STAND ENGINEERING BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE. STAND ENGINEERING, SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCTS MADE BY STAND ENGINEERING OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
6. RESTRICTIONS ON USE
6.1 STAND Software may be used for the Licensee's "internal business purposes only."
6.2 Distribution of STAND software is allowed via various platforms. However modification by any means and distributing modified versions is prohibited and may be subject to criminal and/or civil fines and penalties under applicable laws.
6.3 Licensee shall use STAND Software strictly in accordance with the terms of this agreement and shall not:
- Decompile, reverse engineer, disassemble, and attempt to derive the source code of the software,
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the software,
- Remove, alter or obscure any proprietary notice of STAND Engineering embedded in the software,
- Permit the software by any means to run on a computer other than the license is issued for.
7. INTELLECTUAL PROPERTY RIGHTS
Licensee acknowledges and agrees that STAND Software and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of STAND Engineering. Furthermore, Licensee acknowledges and agrees that the source and object code of the STAND Software and the format, directories, queries, algorithms, structure and organization of the STAND Software are the intellectual property and proprietary and confidential in of STAND Engineering. Licensee is not granted any intellectual property rights in or to the STAND software by implication, estoppel or other legal theory, and all rights in and to the STAND Software not expressly granted in this License are hereby reserved and retained by Company.
8. GOVERNING LAW
This License shall be governed by and construed in accordance with the laws of Republic of Turkey. Any disputes arising from this License shall be adjudicated in the courts of Ankara.
9. CHANGES & UPDATES
STAND Engineering reserves the right, without prior approval from or notice to Licensee, to make changes and updates to the STAND Software.
10. LICENSE FEES & REFUND POLICY
10.1 STAND Software will be fully functional for use upon the receipt of a Standard License or a Trial License. Trial License is free. Standard License is paid.
10.2 Licensee may obtain one or more Standard License for every unique workstation by paying the requisite license fee, set forth on STAND Engineering web based licensing system. License fees paid by Licensee are paid in consideration of the license granted under this Agreement.
10.3 Standard License should be renewed manually since there won’t be automatic renewal or recurring billing.
10.4 LICENSE SALES ARE FINAL AND STAND ENGINEERING DOES NOT REFUND LICENSE FEES UNDER ANY CIRCUMSTANCES. BY ACCEPTING THIS AGREEMENT LICENSEE FULLY UNDERSTANDS AND AGREES THAT ONCE LICENSE FEE PAYMENT IS MADE TO STAND ENGINEERING THERE WILL BE NO RECOURSE FOR RECEIVING A REFUND OF ANY PART OF THE FEES.
10.5 STAND Engineering provides a free trial period to let Licensee fully evaluate STAND software before making a purchase decision. Please use this trial period to make sure that the software meets your needs before purchasing a license. After your payment has cleared Licensee will receive an email with the Standard License file to activate the software. Once this information is emailed, no refunds will be given. STAND Engineering runs this policy since it is impossible to return a registered version of STAND Software given its licensing model. Please contact us if you have any questions regarding our refund policy.
This privacy policy declared here-in is meant to help users comprehend why and to what extend STAND collects data. If you do not agree to the terms stated in this “Privacy Policy” as well as in our “End Users License Agreement”, please do not use our online / offline services.
Licensing mechanism implemented in our software, utilizes computer hardware specific information, in order to ensure that the program can be used solely on the workstation that it is licensed to. This procedure by no means includes collection or transfer of any sensitive personal data. Activation of STAND software relies on a “Request Code” that is generated according to the machine identification info mentioned above. This code is securely signed with AES256 encryption algorithm, practically making it impossible to decode. “Request Code” can only be submitted with your consent at the activation stage. Update and pricing data for the software is fetched at the startup sequence. No other data is submitted or fetched at any other stage of the software run time.
STAND licensing server is built on a stateless system which does not use any cookie or session info to store and gather data. At all times entire communication is carried on https protocol by default. Information required by the licensing form such as user name, company name, email and address will be used to provide you an invoice and to keep track of your license usage. We do not store or process your credit card information. All of the payment processes take place in remote highly qualified secure servers which carry full PCI compliance.
During your visit to our licensing system or any other web site with stand.com.tr domain name, your interaction will be recorded by means of web server logs. These logs may contain your time of visit, ip address, browser information etc.
Entirety of the information that is processed and stored on our servers will never be shared by any third party nor will be published publicly. We take state of the art precautions to protect our servers and systems from unauthorized access or unauthorized alteration, discovery or destruction of information we hold.
PARTIES
Seller: STAND Engineering Consulting and Trade Company Limited 2558. Avenue No:18 Cayyolu 06810 Ankara/Turkey Tel:+90 (312) 235 1100
Buyer: Customer
GOODS/SERVICES
Seller provides “Standard License” to the Buyer which enables full functionality of STAND Software.
SUBJECT OF THE CONTRACT
The subject of this contract is to define the rights and liabilities of the parties in accordance with the articles of Law Nr. 4077, on the Protection of Consumers and the Regulation on Implementation of Distance Sale, regarding the sale and delivery of the Buyer’s goods and services, the qualifications and sales prices of which are defined in the contract, ordered online from license.stand.com.tr website, by the Buyer. In accordance with the terms and conditions of this contract, the Buyer agrees and acknowledges that he/she has all preliminary information on the basic qualifications, selling price, form of payment, delivery conditions, etc. related to the goods/services subject to the purchase and that he/she has previously accepted these information in digital media and then ordered the said goods/services. End User License Agreement and Privacy Policy presented on license.stand.com.tr are integral parts of this contract.
DATE OF THE CONTRACT
This contract is signed by the Seller in advance and signed on the day of payment by the Buyer.
DELIVERY OF GOODS/SERVICES
As ordered by the Buyer, the goods/services will be delivered in electronic form via e-mail and will be available to download.
RIGHT TO RETRACT and REVOCATE
Buyer accepts, it is not possible to use revocation right de facto basing on Distance Contract Regulation No 25866 dated March 06 article 7, and that he/she is aware of item f on the Distance Contract Regulation No 25866 dated March 06 article 7 which is noted 'the contracts related with electronically instant services and goods delivered to consumers immediately' are not subject to the regulations related with revocation rights. Basing on Distance contract regulation, for electronically instant services and goods delivered to consumers immediately, the buyer does not have right of revocation. Buyer does not have a right of revocation of purchased items from Seller.
DISCLAIMER OF WARRANTY
Seller makes no express or implied representations or warranties with respect to the goods/services or their condition, merchantability, fitness for any particular purpose or use by Buyer.
APPLICABLE LAW AND JURISDICTION
In the application, the interpretation of the Sale Agreement and governance legal relations of Distance that arise within its provisions, Republic of Turkey Laws and Legislation shall be applied. Any dispute arising or to be arised will be entrusted to the exclusive jurisdiction of the Courts and Enforcement Offices of Ankara.
STAND Engineering Consulting and Trade Company Ltd is a pioneering structural engineering and design firm based in Ankara, Turkey, that utilizes cutting-edge technologies to deliver exceptional and complex engineering projects that demand the highest level of skills and expertise. We are specialists who not only design structural projects but also create unique software.
We have developed a substantial library of our own engineering and drafting software over the years, enabling us to streamline and simplify challenging problems to a considerable degree. With the introduction of BIM, we got on board pretty quickly and even developed many addins and standalone programs complimentary to Building Information Management platforms.
Our knowledge and experience condensed into high quality software which is now made available for you to try out and acquire. Hope you find them useful. For more information please visit our web site.
STAND Engineering Consulting and Trade Company Limited 2558. Avenue No:18 Cayyolu 06810 Ankara/Turkey Tel:+90 (312) 235 1100