AUTOMIND SON KULLANICI LİSANS ANLAŞMASI

(İngilice orijinal metni)

This End-User License Agreement (“EULA”) is a legal agreement between you, the user and the author of this Software, Arena Bilgisayar Sanayi ve Ticaret A.S. (“Arena” or “us”) By installing or otherwise using the Software, you confirm that you accept these term of use and that you agree to be bounded by the terms of this EULA.

Please read these terms carefully before you completing the installation process and start to use our Software, as these will apply to your use of our Software.

This EULA governs your acquisition and use of our Automind software (“Software”) directly from us or indirectly through an authorized reseller or distributor.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not install or use the Software, and you must not accept this EULA.

This EULA shall apply only to the Software supplied by Arena herewith regardless of whether other software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

LICENSE GRANT

Subject to the terms and conditions of this EULA and in consideration of your obligation to pay monetary fees which may be adjusted from time to time, Arena hereby grants you a non-exclusive, non-transferable, non-sublincenable license to use the Software, in object code.

Arena also grants permission to you to make and create customizations, updates or corrections to the Software. You agree that Arena shall continue to own all right, title and interest in and to the Software and all intellectual property rights embodied therein or related thereto including, but not limited to, the source and object codes and any customizations, updates and corrections to the Software. Except as expressly provided herein, no intellectual property rights are granted to you, by implication, estoppel, or otherwise

ARENA WARRANTIES

Arena warrants that it has the right to provide the Software to you hereunder. Arena provides the Software to you “as is.” And makes no other warranties with respect to the Software, including but not limited to those of merchantability and fitness for a particular purpose either expressed or implied.

Arena makes no warranties or representations that the Software is free of errors or defects, or that it adequately performs the functions it is intended to perform. You shall test the Software to insure its acceptability for your purpose prior to putting the Software in productive use.

Arena is under no obligation to update or correct defects or errors in the Software. If Arena does provide you with updates or corrections, the terms and conditions of this EULA shall apply to does as well.

YOUR WARRANTIES

Related to customizations, updates and/or corrections of you to the Software, you represent and warrant that:

• have all intellectual property rights necessary to produce customizations, updates and/or corrections to the Software; • do not infringe the intellectual property rights of any third party; • will make any customizations or enhancements to the Software under this EULA in accordance with industry standards;

You shall keep the Software, and customizations, updates and/or corrections, if any, free and clear of any claims, liens and encumbrances attributable to the use or possession of the Software by you. Any act of yours, whether voluntarily or involuntarily, purporting to create a claim of encumbrance shall be void.

Software is for the sole use of you and shall be used only for the purpose set forth in this EULA.

You agree to promptly notify Arena, if it obtains information as to any unauthorized possession, use or disclosure of the Software by any person or entity, and further agrees to cooperate with Arena in protecting Arena’s proprietary rights.

If you, your officers, agents, or employees, breach any provision of this EULA, such breach must be cured within thirty (30) days of receipt of Arena’s written notice describing such breach. If such breach is not cured within the thirty (30) days after receipt of the notice, you shall pay Arena reasonable monetary payments for loss and/or damages related to such breach.

You shall treat the Software, and customizations, updates and/or corrections, if any, as confidential and proprietary, and shall protect it in the same manner that it protects the confidentiality of its own information. While this EULA is in effect, or while you have custody and possession of the Software, you will not:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose • Allow any third party to use the Software on behalf of or for the benefit of any third party • Use the Software in any way which breaches any applicable local, national or international law • Use the Software for any purpose that Arena considers is a breach of this EULA

INDEMNIFICATION AND LIMITATION OF LIABILITY

In no event shall the Arena be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of sales, business, or revenue; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any other pecuniary loss) arising out of the use of or inability to use this product, even if Arena is aware of the possibility of such damages and known defects.

You agree to indemnify and hold Arena harmless from and against all loss, cost, expense, or liability (including reasonable attorney’s fees) arising out of a claim by a third party against; Arena, its officers, directors, employees, shareholders, legal representatives, agents, successors and assigns based upon your use or customizations, updates and/or corrections of the Software.

Arena shall have no liability to you for any damage sustained by you as a result of your use of the Software, whether such damages would arise as a result of breach of contract, tort or otherwise. You have tested the Software and rely on your own judgment in utilizing it.

INTELLECTUAL PROPERTY AND OWNERSHIP

You recognize that the Software, and customizations, updates or corrections, if any and the Intellectual Propery are the property of, and all rights thereto, are owned by Arena. You also acknowledge that such are a trade secret of Arena, are valuable and confidential to Arena, and that its use and disclosure must be carefully and continuously controlled.

Title to the Software, and customizations, updates or corrections, if any, shall at all times remain with Arena.

Arena reserves the right to grant licenses to use the Software to third parties.

“Intellectual Property” means any intellectual and industrial property rights including utility models, trademarks, trade names, useful models, business names, brand names, logos, industrial designs, database rights, design rights, copyrights, domain names, software, networks and web sites, rights in inventions and work productions, formulas and other rights of the same or similar effect as any of the foregoing anywhere in the world, whether registered or not, including pending applications for registration of such rights

All title and copyrights in and to the Software (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the Software), the accompanying online user manuals, and any copies of the Software are owned by Arena. Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.

TERM AND TERMINATION

This EULA is effective from the date you paid for the Software and shall continue until the end of the period that you paid for otherwise terminated. You may terminate it at any time upon written notice to Arena but you will not receive payment back.

It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.

GOVERNING LAW

This EULA shall be governed by the Turkish Law and shall be construed according to the Turkish Laws and Turkish Rules of Law.

Authorized jurisdiction for the settlement of all disputes arising from the performance and/or interpretation, termination or expiration of this EULA and its Annexes shall be Istanbul Central Courts and Enforcement Offices.

FORCE MAJUERE

Arena shall be excused from failures or delays in delivery or performance hereunder if such failure or delay is attributable to causes beyond the reasonable control, which makes such performance or delivery commercially impractical. In the event of any such delay, the time of delivery or performance and time of payment shall be extended for a period of time equal to the time lost by reason of such delay.

RELATIONSHIP OF THE PARTIES

This EULA will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the you and Arena. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.