1. INTRODUCTION
This End-User License Agreement (including the Supplemental Terms, as licable) (hereinafter "EULA") is a legal agreement between you and Hexa Network Company ("we", “Hexa Network”, "us" or "our"). By installing or otherwise using the Hexa Network , you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Hexa Network will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also to any Hexa Network updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Hexa Network . We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in- message which notifies you of such changes when you open up the Hexa Network shall constitute reasonable means. Your continued use of the Hexa Network after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Hexa Network . If you have any questions or concerns regarding the terms or conditions herein, please email us at “info@hexanetwork.co Do not use the Hexa Network until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA. Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that is in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect. Use of the Hexa Network is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Hexa Network . The Hexa Network may be available through marketplaces that distribute mobile and that may have additional terms, conditions and usage rules that govern your use of the Hexa Network if you download or install the Hexa Network through such marketplaces.
2. AGE REQUIREMENT
You must be 13 (thirteen) years of age or older to install or to use the Hexa Network . If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Hexa Network for you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Hexa Network , you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Hexa Network or associated features. If you are the parent or guardian of a child under 13 (including 13) and believe that he or she is using the Hexa Network , please contact us at “info@Hexanetwork.co”.
3. GRANT OF LICENSE
Subject to your compliance with the terms and conditions of this EULA, Hexa Network grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Hexa Network on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. Restricted Use:
You may not rent, sell, lease, sublicense, distribute, assign,
copy (other than a single copy for your own backup purposes), or
in any way transfer or grant any rights to the Hexa Network or
use the Hexa Network for the benefit of any third party. Unless
expressly authorized by US or permitted under the mobile
platform terms, you are prohibited from making the Hexa Network
available over a network where it could be downloaded or used by
multiple users. You agree that you will not use any robot,
spider, other automatic or manual device or process to interfere
or attempt to interfere with the proper working of the Hexa
Network , except to remove our Hexa Network from a mobile device
which you own or control. You may not violate or attempt to
violate the security of our services. You may not modify,
reverse-engineer, decompile, disassemble, or otherwise tamper
with any Hexa Network , or attempt to do so for any reason or by
any means. You may not access, create or modify the source code
of any Hexa Network in any way. You do not have the right to and
may not create derivative works of any Hexa Network or any
portions thereof. All modifications or enhancements to the Hexa
Network remain the sole property of US.
4.2. Hexa Network Updates:
We reserve the right to add or remove features or functions to
existing Hexa Network . When installed on your mobile device,
the Hexa Network periodically communicate with our servers. We
may require the updating of the Hexa Network on your mobile
device when we release a new version of the Hexa Network , or
when we make new features available. This update may occur
automatically or upon prior notice to you and may occur all at
once or over multiple sessions. You understand that we may
require your review and acceptance of our then-current EULA
before you will be permitted to use any subsequent versions of
the Hexa Network . You acknowledge and agree that any obligation
we may have to support previous versions of the Hexa Network may
be ended upon the availability of updates, supplements or
subsequent versions of the Hexa Network . You acknowledge and
agree that we have no obligation to make available to you any
updates, supplements or subsequent versions of the Hexa Network
.
4.3. Access:
You must provide at your own expense the equipment, Internet
connections, devices and service plans to access and use the
Hexa Network . If you access an Hexa Network through a mobile
network, your network or roaming provider's messaging, data and
other rates and fees may ly. You are solely responsible for any
costs you incur to access the Hexa Network from your device.
Downloading, installing or using certain Hexa Network may be
prohibited or restricted by your network provider and not all
Hexa Network may work with your network provider or device. Hexa
Network makes no representation that the Hexa Network can be
accessed on all devices or wireless service plans. Hexa Network
makes no representation that the Hexa Network are available in
all languages or that the Hexa Network are ropriate or available
for use in any particular location.
4.4. Purchases & Cancellation Rights:
(A) Where you purchase from a third party: Certain Hexa Network
are available for purchase from a mobile platform owner (e.g. le
or Google or any other mobile platform) and/or will allow you to
make an in-project purchase. Payment for such purchases may be
processed by third parties who act on our behalf or directly by
the mobile platform owner. European Union residents normally
have a right to cancel online purchases within 14 days of making
them. Please note and acknowledge: if you are resident in the
European Union and download an Hexa Network from a mobile
platform owner (e.g. le or Google), you may not be able to
cancel your order or obtain a refund. Please review the mobile
platform owner's terms in this regard before purchase. This may
also ly to subscriptions and in- purchases. You can find further
information on cancelling orders and any associated refunds on
the website of the third party re-seller from whom you purchased
the (for example, the le Store or the Google Play Store). (B)
Where you purchase from Hexa Network directly: Please note and
acknowledge: if you are resident in the European Union and
download an Hexa Network from Hexa Network directly, you agree
to waive your cancellation and refund right once the download of
the or the relevant purchase is made. This means that you will
not be able to cancel your order or obtain a refund once the
download and delivery of the are complete. This will also ly to
subscriptions and in- purchases. You can find further
information on cancelling orders and any associated refunds from
the relevant section of the Hexa Network website.
4.5. Subscription Services:
Certain Hexa Network on the le Store and Google Play Store will
allow you to obtain the benefit of the project on a subscription
basis. Payment for such a subscription (which may be for example
daily, weekly, monthly, tri-monthly or yearly) may be processed
in the project, by third parties who act on our behalf or
directly by the mobile platform owner (e.g. le or Google). Free
trial subscriptions may be cancelled at any point up to 24 hours
before the expiry of the free trial (le) or at any time before
the end of the trial period (Google). See below in paragraph 6
("Trial Periods") for further information. You can cancel a
subscription service at any time during the subscription period
via the subscription settings in your iTunes or Android account.
The cancellation will take effect after the last day in the
relevant subscription period. See above in paragraph 4
("Purchases & Cancellation Rights") for further information.
4.6. Trial Periods :
Certain of our subscription services on the le Store and Google
Play Store may from time to time be offered for a fixed period
of time on a free-trial basis. You are free to cancel a
free-trial subscription at any time via the subscription setting
in your iTunes or Android account. Please note: your free-trial
subscription will automatically renew as a paid subscription
unless (a) auto-renew is turned off at least 24 hours before the
end of the free-trial subscription period (le) or (b) you cancel
before the end of the trial period (Google).
4.7. Online Dispute Resolution:
If you reside in the European Union, you can find information
about online dispute resolution here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Please note that we reserve the right not to participate in
forms of alternative dispute resolution. For further
information, please contact: “info@Hexanetwork.co”.4.8. Coins in
the Environment : Through your use of Hexa Network , you may
accrue virtual "Coins" that may be used and virtually spent in
the environment. Coins are a limited license right distributed
at our discretion, may only be used with respect to virtual
items and services made available in the environment, and are
not redeemable for monetary value. In addition to the Coins that
you may virtually accrue, you may also purchase Coins. Payments
for Coins may be made through an in- purchase (more details
about which can be found here). Please note: we may limit the
number of Coins or the total monetary value of Coins that you
may purchase at one time, or over a given period of time, in our
sole discretion. Newly purchased Coins credits may not be
available for immediate use. If you make any unauthorized
purchases of Coins, or if any of your purchase of Coins leads to
charge-reversals, chargebacks, disputed charges, dispute fees,
or any allegation of payment fraud, we may terminate your
account, with or without notice, in our sole and absolute
discretion. All purchases of Coins are FINAL and non-refundable,
except in our sole and absolute discretion. Once you purchase
Coins, you cannot return them. If your account is cancelled or
terminated by you or by us, for any reason, you will lose and
forfeit any outstanding Coins The virtual items that you may
virtually acquire or use in the environment are a limited
license right granted by us and you do not acquire any ownership
right to any such virtual items. We may terminate such license
right and withdraw or discontinue any virtual item in the Site
environment or may remove your right to use any particular
virtual item or service. Any exchanges of coins for virtual
items are non-reversible. The virtual items that you may
virtually acquire or use in the environment are a limited
license right granted by us and you do not acquire any ownership
right to any such virtual items. We may terminate such license
right and withdraw or discontinue any virtual item in the Site
environment or may remove your right to use any particular
virtual item or service. Any exchanges of coins for virtual
items are non-reversible. Aside from the limited license to use
virtual items or services as described above, you agree that you
will not gain any right, title or interest whatsoever in the
Coins, or virtual items or services and that you may not trade,
sell, transfer or transact Coins, or virtual items or services
in any manner except as permitted in the environment. You may
not sell or trade the time taken to accrue Coins. Any
transaction in Coins or virtual items or services via online
auction sites or other channels outside the Services is strictly
prohibited. You may not use cheat programs, including non-Hexa
Network software programs, to accrue Coins or virtually acquire
Coins. We may immediately terminate your account if it comes to
our attention that you have accrued, virtually acquired or used
Coins in any non-permitted manner.
5. Hexa Network FUNCTIONALITY
Hexa Network allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "Hexa Network Functions"). The Hexa Network Functions are provided by US and third party suppliers who offer content and/or services in conjunction with or through the Hexa Network (the "Third Party Partners"). Hexa Network Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither US, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Hexa Network .
6. THIRD-PARTY PARTNERS
6.1. Third-Party Services and Content:
The Hexa Network may integrate, be integrated into, bundled, or
be provided in connection with third-party services,
advertising, feeds, and/or content. If you are installing an
Hexa Network that includes third party services and third party
content, such services and content are subject to such third
party's terms of services and privacy policies, which may be
found on the relevant Third Party Partner's website. Hexa
Network may provide access or links to Third Party Partner
websites or resources. WE have no control over such websites and
resources, and you acknowledge and agree that Hexa Network is
not responsible for the availability of such external websites
or resources, and does not endorse nor is responsible or liable
for any content, advertising, products, or other materials on or
available from such websites or resources. You further
acknowledge and agree that Hexa Network shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such Content (as defined below), goods or
services available on or through any such website or resource.
Hexa Network will not be a party to or in any way be responsible
for monitoring any transaction between you and Third-Party
Partners.
6.2. Access to Third-Party Services and Content through Hexa
Network :
All services, advertising, feeds and content, including without
limitation, all data, links, articles, graphic or video messages
and all information, text, software, music, sound, graphics or
other materials ("Content") made available or accessible through
an Hexa Network , whether publicly available or privately
transmitted, is the sole responsibility of the entity or person
from whom it originated. You hereby acknowledge and agree that
by using an Hexa Network you may be exposed to Content that may
be offensive, indecent or objectionable in your community. You
agree to accept all risks associated with the use of any
Content, including any reliance on the accuracy or completeness
of such Content. Under no circumstances will Hexa Network be
liable in any way for any Content created by or originating with
entities other than Hexa Network, including, but not limited to,
any errors or omissions in any such Content, or for loss or
damage of any kind incurred as a result of the transmission or
posting of such Content by means of an Hexa Network .
7. SECURITY
Hexa Network , like other consumer technologies, may not be 100%
secure. By accepting this EULA you acknowledge, express and
accept that the Hexa Network and any information you download or
offer to share by means of an Hexa Network , may be exposed to
unauthorized access, interception, corruption, damage or misuse,
and cannot be regarded as 100% secure.
You accept all legal and responsibility for such security risks
and any damage resulting therefrom. Further, you are solely
responsible for securing your mobile device from unauthorized
access, including by such means as using complex password
protection and, for Android users, enabling device encryption in
your settings. You agree that Hexa Network shall not be liable
for any unauthorized access to your mobile device or the data
thereon.
8. REGISTRATION/PASSWORDS
8.1. Registration:
Most Hexa Network will not require a registration: however, some
Hexa Network may permit or require you to create an account to
participate or access additional features or functionalities
("Registration"). If such Registration is required, it will be
made known to you when you attempt to participate or access such
additional features or functionalities. Any registration
required by a Third Party Partner is not governed by this EULA
and you should refer to the relevant Third Party Partner's
website for their policies.
8.2. Passwords:
You are the sole and exclusive guardian of any password and ID
combination issued or chosen by to you. Maintaining the
confidentiality and security of your password(s) and ID(s) is
solely your responsibility. You are fully responsible for all
transactions undertaken by means of any account opened, held,
accessed or used via your password and ID. You shall notify us
immediately and confirm in writing any unauthorized use of
accounts or any breach of security, including without limitation
any loss, theft or unauthorized use of your password(s), and/or
ID(s) or any related account. If we have reasonable grounds to
suspect that the security of your password and/or ID has been
compromised, we may suspend or terminate your account, refuse
any and all current or future use of the services, and pursue
any ropriate legal remedies. We shall not be responsible for any
losses incurred in connection with any misuse of any password or
ID.
8.3. Provided Information:
If you provide any information in connection with a
Registration, you must provide and maintain accurate, complete
and current information. If we have reasonable grounds to
suspect that your information is inaccurate, not current or not
complete, we may suspend or terminate your use of the Hexa
Network , and pursue any ropriate legal remedies. You agree that
we shall have the right to use the information you provide to us
for the purposes described in this EULA and in furtherance of
your use of the Hexa Network our services, in accordance with
the Privacy Policy located here: Privacy Policy.
9. UNINSTALL/REMOVAL OF AN Hexa Network
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Hexa Network , please use the project manager provided with your device or consult your device manual for reference.
10. CONSENT TO USE OF DATA
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and project software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Hexa Network . We may use this information in accordance with the Privacy Policy located here.
11. INTELLECTUAL PROPERTY
The Hexa Network , including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Us are Hexa Network’s sole property or the property of Hexa Network's licensors and are protected by Turkish and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Hexa Network . All rights not expressly granted hereunder are expressly reserved to Hexa Network and its licensors. The Hexa Network names, logos and affiliated properties, are the exclusive property of Hexa Network or its affiliates. All other trademarks earing on any Hexa Network are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an Hexa Network . The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by impproject, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
12. COPYRIGHT/SUBMISSIONS
12.1. You are solely responsible for any Content you contribute,
submit or display on or through your use of the Hexa Network
(s). It is your obligation to ensure that such Content,
including photos, text, video and music files, does not violate
any copyright or other Intellectual Property Rights. You must
either own or have a license to use any Content that you
contribute, submit or display.
12.2. We respect and expect its users to respect the rights of
copyright holders. On notice, WE will act ropriately to remove
content that infringes the copyright rights of others. WE
reserve the right to disable the access to Hexa Network or other
services by anyone who uses them to repeatedly infringe the
Intellectual Property Rights of others. If you believe an Hexa
Network or elements, infringe your copyright rights, Please
contact Hexa Network's Copyright Agent at: email:
“info@Hexanetwork.co”.
Please ensure your communication includes the following:• an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;• a description
of the copyrighted work that you claim has been infringed;• a
description of where the material that you claim is infringing
is located on the Hexa Network ;• your address, telephone
number, and email address;• a statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; • a statement by you
that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
12.3. Objectionable Content. WE may also act to remove
Objectionable Content. The decision to remove Objectionable
Content shall be made at Hexa Network's sole discretion.
"Objectionable Content" includes, but is not limited to:
• Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, or libellous,• Content that is
hateful or advocates hate crimes, harm or violence against a
person or group,
• Content that may harm minors in any way;
• Content that has the goal or effect of "stalking" or otherwise
harassing another
• Private information about any individual such as phone
numbers, addresses, Social Security numbers or any other
information that is invasive of another's privacy; • Content
that is vulgar, offensive, obscene or pornographic,• Unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation;• Material that contains software viruses or any
other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
12.4. Content Screening and Disclosure. We do not, and cannot,
pre-screen or monitor all Content. However, our representatives
may monitor Content submission through the Hexa Network , and
you hereby provide your irrevocable consent to such monitoring.
You acknowledge and agree that you have no expectation of
privacy concerning the submission of any Content. We have the
right, but not the obligation, in our sole discretion to edit,
refuse to post, or remove any Content. We may access, preserve
or disclose any of your information or Content (including
without limitation chat text) if we are required to do so by
law, or if we believe in good faith that it is reasonably
necessary to (i) respond to claims asserted against us or to
comply with legal process (for example, subpoenas or warrants),
including those issued by courts having jurisdiction over us or
you; (ii) enforce or administer our agreements with users, such
as this EULA; (iii) for fraud prevention, risk assessment,
investigation, customer support, providing the services or
engineering support; (iv) protect the rights, property or safety
of Hexa Network, its users, or members of the public or (v) to
report a crime or other offensive behaviour.
13. TERMINATION
Your rights under this EULA will terminate immediately and automatically without any notice from US if you fail to comply with any of the terms and conditions of this EULA. You understand that Hexa Network, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Hexa Network at any time. Further, WE, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Hexa Network or any of its component features. You agree that WE shall not be liable to you or any third-party for any termination or disabling of the Hexa Network . Promptly upon expiration or termination of this EULA, you must cease all use of the Hexa Network and destroy all copies of Hexa Network in your possession or control. Termination will not limit any of Hexa Network's other rights or remedies at law or in equity. Sections 10-19, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
14. DISCLAIMER OF WARRANTY
TO THE EXTENT THIS IS PERMITTED BY LICABLE LAW, ALL Hexa Network ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO LICABLE LAW, WE, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, Hexa Network MAKES NO WARRANTY THAT THE Hexa Network WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Hexa Network PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE Hexa Network WILL MEET YOUR EXPECTATIONS. Hexa Network ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Hexa Network ; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Hexa Network OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Hexa Network BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Hexa Network . THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Hexa Network REMAINS SOLELY WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD-PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT LY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
15. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hexa Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE Hexa Network ; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE Hexa Network . IN NO EVENT SHALL Hexa Network'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Hexa Network . THE FOREGOING LIMITATIONS WILL LY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE Hexa Network , AND NO WARRANTIES SHALL LY AFTER SUCH PERIOD.
16. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Hexa Network, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE Hexa Network , YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
17. EXPORT CONTROLS
The Hexa Network and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the . You agree to comply with these laws, restrictions and regulations when downloading or using the .
18. TERMINATION
Any Hexa Network installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as licable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, dupproject, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as licable.
19. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS
Hexa Network does not represent or warrant that the Hexa Network
or any part thereof is ropriate or available for use in any
particular jurisdiction. We may limit the availability of the
Hexa Network , in whole or in part, to any person, geographic
area or jurisdiction we choose, at any time and in our sole
discretion. The laws of Turkey, without regard to conflict of
laws principles, shall govern all matters relating to or arising
from this EULA, and the use (or inability to use) the Hexa
Network . You hereby submit to the exclusive jurisdiction and
venue of the ropriate courts of Istanbul-Turkey, with respect to
all matters arising out of or relating to this EULA.
No failure or delay by Us in exercising any right, power or
privilege under this EULA will operate as a waiver thereof, nor
will any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the
exercise of any other right, power, or privilege under this
EULA. If any provision of this EULA shall be found unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE Hexa Network MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
20. HOW TO CONTACT Hexa Network
If you have any questions about this EULA, please contact us by email or postal mail as follows: “info@Hexanetwork.co”.
