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LOGIC MEKATRONÄ°K MÜHENDÄ°SLÄ°K SANAYÄ° VE TÄ°CARET A.Åž. domiciled at Ankara Teknopark TGB yerleÅŸkesi Ä°vedik O.S.B. Mah, 2224. Cd. No:1/108 D:B Blok, 06378 Yenimahalle/Ankara Turkey address (shall referred as “LOGIC” hereinafter) and on the other hand, the customer, who is a natural or legal person using the software service (referred to as “END USER”) have signed this commitment letter in order to keep it confidential, not to disclose to third parties and not to use it directly or indirectly in any other offer or transaction regarding the software named " Hydraulic Cylinder Designer 2D (HCD)" developed by LOGIC is directly or indirectly acquired or personally acquired by the END USER in order to use it in the service of providing access and/or making it available "in accordance with the Contract" in a non-exclusive, non-transferable, non-sub-licensable manner. Any software, license, code, full or partial production models, design, drawing, application, plan, document, schema, specification, certification, image, work, -registered or unregistered, protected or unprotected- inventions, ideas, all kinds of technical, commercial or financial information, data, explanation, description, opinion, discussion, evaluation, including but not limited to any contractual terms, provisions, conditions all kinds of written or oral, digital or printed, data, information, documents, images, records (shall referred as “Confidential Information” hereinafter).

 For that purpose;

ANNEX 2: PRIVACY COMMITMENT

(I) Upon signing this commitment letter, the END USER has accepted and committed unconditionally, irrevocably that;

  1. Confidential Information obtained directly or indirectly due to the Software and/or any documentation related to the Software or created by itself, excluding the cases listed in article (II) of this undertaking; not to disclose LOGIC to third parties, organizations, institutions and authorities, including but not limited to competitor persons, institutions, and not to take any action or transaction that results in their acquisition by third parties, organizations, institutions or authorities,

  2. To take all kinds of administrative, legal and technical measures at the highest level that a prudent trader should take so that Confidential Information is not directly or indirectly obtained / Confidential Information is not obtained by third parties, organizations, institutions or authorities,

  3. Not to use the Confidential Information directly or indirectly for any other license, use, access, offer, business, transaction and action,

  4. To return the Confidential Information to LOGIC, together with all copies, upon the first written request of LOGIC, and not to keep any copies or any means that will result in keeping the Confidential Information in any way,

  5. All kinds of legal rights and authorizations of Confidential Information belong to LOGIC, and it will keep Confidential Information as a trustee during the period it has,

  6. In the event that it directly or indirectly partially or completely violates its obligations in this undertaking and its obligations arising from the general rules of law or the rule of good faith (Without prejudice to other legal rights of LOGIC); Without the need for a court decision or any other action, this violation will be announced in print and digital versions of the three newspapers with the highest circulation throughout the Republic of Turkey, with all details, by notifying the title of the END USER, at least half a page in size, all kinds of costs, expenses and other expenses that LOGIC will have to pay / bear in order to make the announcement will be recourse from the END USER,

  7. Violation of the confidentiality obligation by any employee of the END USER, personnel at any duty or level, any person, institution, organization or any person, institution or organization under his control, under any name, for the use of the license (including, but not limited to, its affiliates and subsidiaries, persons, institutions and organizations that it directly or indirectly controls), will have the same provisions and consequences as the END USER's violation in person and that the END USER will be responsible for such violation(s).

 (II)  Exceptions to Confidential Information are limited to the following cases:

  1. Information that is generally available or known to everyone, (The burden of proof is on the END USER, and the information obtained as a result of the statements made directly or indirectly by both parties or their representatives or consultants is not within this scope.)

  2. Providing Confidential Information to third parties, provided that a clear, detailed, written and duly signed consent of LOGIC's authorized representatives (on the basis of each event) is obtained beforehand, or

  3. Obligation of the END USER to disclose the Confidential Information (within the limits and extent of legal obligation) provided within the scope of this Undertaking due to the order of the judicial authorities and legal obligation.

By signing this contract, the END USER agrees and undertakes to (a) notify LOGIC in detail about the subject in advance in writing, and (b) provide any necessary cooperation to LOGIC in order to protect the confidentiality of the information, in cases listed in Article (II).

(III)  Various Provisions

  1. This Commitment is subject to the Laws of the Republic of Turkey and Ankara Courts and Enforcement Offices will be authorized to resolve disputes arising from the undertaking.

  2. The fact that LOGIC does not use the rights granted to it with this undertaking, partially or completely or as required, does not mean that LOGIC waives these rights.

  3. Signing this undertaking and/or providing access to the license in any way does not impose an obligation on LOGIC to enter into a business relationship or enter into an agreement regarding the issuance of a usage license to the END USER. The invalidity of any provision of the undertaking, in whole or in part, shall not affect the validity and bindingness of the other provisions.

  4. LOGIC may prove that the END USER has violated any of its obligations or that any Confidential Information has been obtained or created directly or indirectly by the END USER, through written, printed, digital, electronic, video-audio recording/data or with a witness. This provision will constitute the exclusive and definitive evidence in favor of LOGIC in any dispute that may arise between LOGIC and the END USER.

  5. This Commitment is binding on all successors and successors of the END USER and will be valid and binding indefinitely from the date of signature.

To accept that all provisions are understood and acknowledged, this Commitment enters into force between the LOGIC and the END USER on the date the END USER pressed the "I Accept" button at the end of the Agreement and/or downloading the Software to his computer, installing it on his computer, copying it to his computer, installing it on his own computer by connecting to another computer, or using or accessing it in any form and form.

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