Terms of Service

License Agreement, Guarantees and Others

SERVICE DESCRIPTION

HIDRASOFTWARE www.hidraSoftware.com is a web platform that offers and markets computer software oriented to the hydraulic design of water distribution systems and sewage and rainwater collection systems in buildings and urban areas, as well as others tasks of design and selection of hydraulic equipment in the Civil Engineering and Architecture fields.

The different products (Desktop Software for WINDOWS®) are marketed on the website www.hidraSoftware.com. They have been developed under the direction and responsibility of Alfredo J. Simancas Cabrera, with NIF: 45.365 .105-C owner of the HIDRASOFTWARE website and domiciled at Av. Mesa y López N° 40, Las Palmas de Gran Canaria, España.

From now on, when it comes to the relationship between the client or LICENSEE and HIDRASOFTWARE, it will be implied that reference is made to the relationship between the Client and Alfredo J. Simancas Cabrera.

PURPOSE OF THE CONDITIONS

These Conditions regulate the commercial relationship between the LICENSEE and HIDRASOFTWARE concerning the license acquisition and the corresponding support and guarantees, among other aspects that the LICENSEE contracts with HIDRASOFTWARE.

By downloading, installing, copying or, in any case, by using the software developed by HIDRASOFTWARE it is considered that you agree with the terms and conditions of this document, implying total acceptance of the use license agreement whose acceptance occurs at the time of software installation through the respective dialog window.

Software's Specific Licensing Aspects

SOFTWARE VERSIONING

In HidraSoftware we perform the versioning through two numbers separated by a point, for example, when we talk about version 2.15 of any program:

The number to the left of the point (2) represents the major version number, while the second, located to the right (15) indicates the minor version number.

Major Version:

A major version of a program will be understood as one in which new features are added that define significant improvements or extensions of the program.

In general, at HidraSoftware, we generate a larger version based on the number of requests for new specific features among the programs' licensees. We do not have a policy of creating a new major version each year as we prefer to ensure that the customer's investment in a license lasts as long as possible.

Minor Version:

In minor versions, errors (bugs) are corrected, or very basic functionalities are added to the corresponding major version.

These minor versions also arise based on the feedback received from each program's licensees, as well as the tests we are continually carrying out on the programs.

LICENSING MODELS

For the use of our programs, in any of the licensing models, it is required that the equipment in which they are installed has a permanent Internet connection to carry out the corresponding validation.

Perpetual License:

The perpetual license allows the use, without limitations in time, of the major version of the program for which such license has been acquired.

Thus, if, for example, you have purchased a license for the PLUMBER Version 3.0 program, you have the right to use it in all its minor versions, that is, 3.1, 3.25, and, in general: 3.XX.

The customer who purchases a perpetual license of any of our programs will receive free minor updates to the program for which he has purchased the license in the corresponding major version, of course.

If a major version of the licensed program appears in the period between the day of purchase and the following three months, the licensee will receive the corresponding update free of charge. When the licensee accepts this update, the license acquired for the previous version will be canceled, and the most recent version will remain in force in perpetuity.

Email support is equally perpetual, as long as it is related to the use of the licensed program.

Unless otherwise specified in the invoice sent to the customer after the purchase has been made, the perpetual license allows the installation and use of the purchased program on a maximum of two (2) computers.

It is highlighted that, in any case, the licenses are for personal use and must, therefore, be associated with the name of the person legally responsible for the use that is made of it.

Subscription License:

This license type allows using for a specific time, for example, 6 months or one year, of the major version of the program for which such license has been acquired.

All minor updates that may arise at the time of subscription will be received free of charge

If a major version appears before the end of the first half of the subscription period, the licensee may opt to the corresponding update, which will be valid for the remaining time of the corresponding subscription.

If you accept the update, the license for the previous version will be canceled, requiring the deactivation of the corresponding license key before activating the one corresponding to the update.

By default, unless different options are offered, subscription licenses allow the installation of the licensed program on a single computer.

Email support, on topics related to the use of the subscription-licensed program, will be valid for the entire subscription period.

LICENSE’ ACTIVATION AND DEACTIVATION

Once the purchase of a license has been made, regardless of the chosen model, online activation is required to be able to use the respective Software.

For this, once the buyer has provided us with the information of Name, Surname, Email, and Company (if applicable), a License Key will be sent to him by email so that he can activate.

This license key is non-transferable and will contain the licensee's information as well as the number of computers on which the program can be installed based on the license purchased, among other necessary information.

In any case, it is required that the equipment has a permanent connection to the internet to activate and be able to use the licensed program continuously.

Extraordinarily, the activation and deactivation can be carried out without the equipment having an internet connection. Still, it will always be necessary that at least every 5 days, the equipment connects to the internet to validate the license and allow the use of the program.

If the program cannot be verified, it will be blocked until the verification can be carried out via the internet connection, or the deactivation and reactivation process is carried out.

After successful activation on a computer, the license key will be associated with the characteristics of your hardware. For this reason, any changes made to it (such as formatting or changing/modifying internal components, for example) could void the license key.

Therefore, before making any modification to the equipment in which a license is activated, it is necessary to carry out the corresponding deactivation.

Similarly, before uninstalling the program from a computer, either because it is not planned to use that computer in the future or to release the license activation, it will be required to perform the corresponding deactivation.

Each Software has the necessary dialog so that the user can easily activate and/or deactivate the purchased license.

This knowledge base article introduces the procedure to follow for activation and deactivation.

Software Use License Agreement

In case you use all or any part of the Software (Computer Program object of the Contract) or its User's Documentation (Manuals, Tutorials and Sample Files in electronic format) without signing the contract or obtaining prior authorization in writing and through License from HIDRASOFTWARE, you will be infringing copyright laws and other intellectual and industrial property rights. You may be liable to HIDRASOFTWAREfor damages and may be subject to criminal penalties.

The intellectual property rights (copyright) on the Software belong exclusively to Alfredo J. Simancas Cabrera (HIDRASOFTWARE), as specified in the installation dialog of each Software and which must be read and accepted through the activation of the corresponding checkbox, to be installed in the computer system of the LICENSEE.

The LICENSEE acquires only the right or license to use the Software freely in his computer system. In no case does the purchased license imply the transfer of the property right over the Software with the only limitations detailed below in this document:

a. HIDRASOFTWARE grants the LICENSEE one (1) exclusive license, non-transferable and with limited rights for the installation and use of the Software and User Documentation for personal use within the scope of the Parameters of the License granted, thus conforming to its strict compliance as provided herein.

b. The licensing scheme granted includes the electronic delivery, at no additional cost, of minor versions or updates of the Software (correction of errors or addition of minor features) that may arise over time.

c.The licensing scheme granted provides that, if any major version or update of the Software object of the contract arises, The LICENSEE OF ANY PREVIOUS VERSION may access the update by paying the update cost provided and offered by HIDRASOFTWARE at the time of publication of the new version.

d.Unless HIDRASOFTWARE has expressly permitted otherwise, the LICENSEE may only install and access the Software in a maximum of one (1) Computer.

e.To opt for email support as well as, in general, the benefits offered with the license, the LICENSEE expressly consents that HIDRASOFTWARE keeps a record of his data (name and surname, email and company name). The protection and applicable conditions to this data are explained in detail in the HIDRASOFTWARE privacy policy (Click here) which the LICENSEE expressly accepts at the time of installing the software.

f.The issuance of the use license will be done within 48 hours (in business days) following the purchase. For this, the personal data provided by the client, referred to in the preceding paragraph, will be used. Special attention will be given to the name, surname, and email address since each license will be linked to them. The LICENSEE has the sole responsibility of ensuring that the data provided for the generation of the license is valid, the email address is active and, in addition, is the one that he will be using periodically in the future, since it is through that email that the after-sale support, as well as general communication between the parties, will be carried out.

g.The data sent for the generation of the respective license cannot be modified once it is generated and sent. If errors or any omission by the LICENSEE exist in the data provided, the LICENSEE disclaims HIDRASOFTWARE from responsibility. In this situation the necessary corrections will require the issuance of a new license and, therefore, the LICENSEE must make the corresponding payment.

h. If required, by the LICENSEE, the removal of his personal data from the customer's database, HIDRASOFTWARE will not be able to provide support or minor updates since this is done solely and exclusively by email.

i. The LICENSEE undertakes to install the Software in equipment with the minimum characteristics recommended by HIDRASOFTWARE for the use of the Software object of this license agreement; the omission of this will invalidate any claim for malfunction of the Software, not applying any guarantee or responsibility on the HIDRASOFTWARE side..

j. The LICENSEE may only make one (1) copy of the Software as a backup copy to be used in case the software's main installment is no longer operational.

k. If the Software has not been acquired legally, no use license will be recognized for its use and any support query will be dismissed.

l. The LICENSEE may not use the Software or User Documentation in a way that may damage or disable it, agreeing that he is solely responsible for the use of the Software.

m. In case the Software to be installed and used is the Demonstration version,the user will have access to the Software only to evaluate its main features, being this evaluation version functionally limited. The Demonstration or Evaluation Version may be installed on one (1) single computer for a trial period of 10 days unless HIDRASOFTWARE has specified otherwise.

n. The warranty referred to in the respective section of this document will not apply if the Software Version to be installed and used is the Demo Version.

o. The LICENSEE may make use of the license for an indefinite time unless the Version is the Demonstration one, in which case the duration will be the one referred to in subparagraph m above.

p. The LICENSEE, and in general any user, cannot:

• Distribute (physically or electronically), rent, lend, lease, sell or transmit all or part of the Software and User documentation without the prior written consent from HIDRASOFTWARE.
• Perform Reverse Engineering, Decompilation, or Disassembly the Software, being the LICENSEE responsible for what third parties do for this purpose.
• Remove or Modify any reference to the HIDRASOFTWARE Intellectual Property on the Software and the respective User Documentation.
• Use any equipment, device, software or any other means designed to avoid or eliminate any type of of copying and licensing protection used by HIDRASOFTWARE concerning the Software, nor may use the Software with activation codes or serial numbers that do not correspond to the authorized user or that are not provided by HIDRASOFTWARE directly.

q. When the LICENSEE chooses to stop using the Software on any computer on which he has previously installed it,the installation of the Software on another computer will be possible as long as the LICENSEE follows the complete uninstallation process using the WINDOWS® control panel, Add or Remove Programs tab, on the computer where it had previously been installed. At this time, the LICENSEE must ensure that the installation files of the program are physically removed from the hard disk of the disused equipment in order to guarantee compliance with the conditions specified in the previous paragraphs.

r. HIDRASOFTWARE reserves the right to cancel, without express notice to the LICENSEE, the user's license if it is detected that in some way the conditions outlined in this license agreement have not been met.

s. HIDRASOFTWARE reserves the right to modify any of the software features in future major versions,without prior notice. It is understood that the modifications to be made will always be aimed at improving the scope and calculation and design methods implemented in the software, thus increasing its value.

t. Failure to comply with the limitations and restrictions associated with the license granted (and that provided herein) will represent the automatic expiration of the user's license.

u. The property, ownership and all rights and interests including, without limitation, patents, copyrights, trademarks, trade secrets and other intellectual property rights on HIDRASOFTWARE materials and on any copies made by THE LICENSEE belong to Alfredo J. Simancas Cabrera (HIDRASOFTWARE).

v. The Software and User Documentation have not been sold, but have been granted under license.

Limited Warranty

To avoid confusion by potential customers, HIDRASOFTWARE offers on its downloads page the demonstration or evaluation versions of the Software sold in such a way that users, interested parties and potential customers can verify its proper functioning as well as the corresponding basic features.

Given the material impossibility of testing the Software on the wide variety of existing computers, with the various configurations/versions of the WINDOWS® operating system that can be found, HIDRASOFTWARE believes that it is the user who in any case must first ascertain, through the use and thorough testing before purchase, of the complete suitability of the Software to the specific circumstances of his computer equipment, as well as to the application of the Software as the ideal tool for the type of professional design that he will perform. Thus, accepting the aforementioned, the client accepts the Software as is, i.e., with the features and applicability included at the time of purchase, download, and installation, not having the right to demand any modification that has not been previously offered or agreed upon with HIDRASOFTWARE.

The parties agree that, despite the careful process of creating the Software and the multiple tests performed on it, it is not possible to develop programs of such complexity so that its use applies to any possible situation without generating errors.

HIDRASOFTWARE guarantees the proper functioning of its software but cannot ensure that its benefits are those that in the opinion of the user or LICENSEE should be fulfilled.

Based on the above, the following Warranty conditions are established:

a. The Warranty Period has a duration of thirty (30) days, counted from the date on which HIDRASOFTWARE generates the Activation Code, after receiving from the client the payment of the corresponding License.

b. During the Warranty Period, HIDRASOFTWARE guarantees that the Software will provide the features and functions described in the User Documentation, tutorials, videos, and manuals.

c. All the responsibility of HIDRASOFTWARE and the only action on its part during the Warranty Period set forth in paragraph a. will be the attempt of correction or alternative solution of the errors detected, for which it will be necessary for the LICENSEE to provide in writing and with screenshots, detailed report of the steps and actions carried out and that lead to the error reported adding, if possible, the project file in which the error occurs. In this regard, it is implied that the installation of the Software has been carried out following the provisions of paragraph i of the license agreement.

d. If there is an error in the Software, HIDRASOFTWARE undertakes to resolve it as soon as possible,not being responsible for direct or indirect damages or the impossibility of using the Software, including the loss of data that could possibly occur. At this point, the opportunity offered to the LICENSEE or user to test the Software before making the purchase takes value, since this minimizes the risk of failures that could complicate the beginning of the corresponding use.

e. The responsibility of HIDRASOFTWARE is limited to the replacement of the installation file with the error detected by a new one free of that error within a maximum period of 30 days counted from the date of the respective report by the LICENSEE.

f. This warranty is voided if it is determined that the error is generated by situations such as: incorrect use, the introduction of data inconsistent with the purpose of the Software, ignorance, by the LICENSEE, of the fundamental theoretical aspects of the hydraulic design treated by the Software, among other situations.

Responsibility for Files and Data Used by the Software

The Software developed by HIDRASOFTWARE It is a tool intended to be used by qualified professional personnel, and in no case does this Software replace the professional criteria itself. The LICENSEE of the Software is responsible for the management and control of the quality and characteristics of the information provided to the Software as well as its suitability for the given application. HIDRASOFTWARE will not be liable in any way for the results obtained or their interpretation from the use of the Software.

a. The Software developed by HIDRASOFTWARE keeps all the information about each project in a single file. It is the LICENSEE's responsibility to ensure the preservation, support, and integrity of the data and information contained therein. On its own, the LICENSEE will perform periodic backups he deems as necessary, depending on the importance of its engineering design projects.

b. The LICENSEE must ensure that the e-mail sent to him by HIDRASOFTWARE, in which the license and activation data of the corresponding Software are included, is kept in a safe place. In this way, he will not depend on HIDRASOFTWARE to carry out future activations in case of a breakage of the computer equipment.

c. HIDRASOFTWARE will keep the license data for a period of one year (365 days) from the date they are sent to the LICENSEE via email. These data may be requested by the LICENSEE, in the referred period, solely and exclusively using the email registered for the corresponding license.

d. After the one year period referred to in the previous subparagraph and if the re-sending of registration data is required, the LICENSEE must pay 50% of the cost of the license to obtain them.

e. HIDRASOFTWARE will not be liable in any way for the loss or theft of the Software. HIDRASOFTWARE will not be obliged to replace any lost or stolen Software, being the LICENSEE the solely responsible for protecting the Software through the respective backup.

HIDRASOFTWARE Return Policy

At all times, the HIDRASOFTWARE website emphasizes the availability of the evaluation version of each Software, so that interested parties download and test it for up to 10 consecutive days (extendable upon request).

Additionally, articles, tutorials, and detailed videos are publicly offered on the HIDRASOFTWARE blog, highlighting not only the features of each Software but also demonstrating the proper way to use them as well as the respective limitations.

And, finally, HIDRASOFTWARE through the email contacto@hidraSoftware.com, offers immediate attention, on business days, to the consultations prior to the purchase with the intention of resolving any questions that the interested party may have regarding the capabilities of each software.

The purchase process is fully automated (without intervention by HIDRASOFTWARE staff) through the E-junkie and/or SendOwl payment platforms in such a way that, once the payment is made up by the platform, the download of the 100% functional program is immediate thus becoming available to the buyer at the email address that he has supplied at the time of payment.

Taking into account these aspects, HIDRASOFTWARE will not make refunds of money due to nonconformity or errors in the interpretation of the scope or applicability of the Software that could lead the LICENSEE to not use it partially or totally, once the license data has been sent.

If the money refund is requested in the period prior to the sending of the license by HIDRASOFTWARE, the refund will be made within the next 30 days discounting 20% of the amount for expenses of commissions to payment gateways.

Technical Support and Software Updates

HIDRASOFTWARE will offer indefinite support only and exclusively by email to the LICENSEE in matters strictly related to the use of the Software that may not be covered in the respective tutorials, articles, and videos.

HIDRASOFTWARE does not offer telephone attention under any circumstances, being the support by email the only means for resolving doubts or situations related to the use of the Software.

All support inquiries must be made by the LICENSEE using the email registered in the respective license. Any inquiries made from another email address will be dismissed.

In no case HIDRASOFTWARE is obliged to provide specialized technical support in the area of civil engineering or architecture design nor to explain to the LICENSEE the design theory implemented in the Software because it is understood that the user has the minimum technical/theoretical knowledge to understand and analyze the results obtained.

Inquiries made by the LICENSEE will be answered as soon as possible within 24 hours of being sent at the time between 8 and 18 hours from Monday to Friday (Canary Islands time, Spain).

Applicable Law and Jurisdiction

a. This Agreement and any conflict arising therefrom shall be governed in accordance with Spanish Law. In case of doubts and/or divergences regarding their interpretation and/or effects, only The Courts of Las Palmas de Gran Canaria will be competent, renouncing the parties to any other jurisdiction that may correspond to them.

b. This Agreement and the applicable User Documentation constitute the entire agreement between the parties and replace any previous or current communications,agreements, statements or offers regarding the Software and User Documentation. Any modification of this Agreement will not be valid unless it is made in writing and is duly signed.

c. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under applicable law, such provision or part of the provision shall cease to take effect in the jurisdiction in which it is illegal, invalid or unenforceable. To the extent of its illegality, invalidity, or unenforceability and shall be deemed modified as necessary to adapt to the applicable laws reflecting as much as possible the initial intention of the parties. The illegality, invalidity or inapplicability of that provision in that jurisdiction shall not affect in any way the legality, validity or enforceability of the remaining provisions of this Agreement in the other jurisdictions.

d. No term or provision of this contract may be considered waived and no breach may be excused unless the waiver is made in writing and signed on behalf of the party against whom the waiver is asserted. No waiver (either express or implied) will constitute a consent, a waiver or an excuse for another different or subsequent breach.

Notifications and Contact

The notification and/or communication between the LICENSEE and HIDRASOFTWARE must be made in writing either by mail or by email to the following address:

Alfredo José Simancas Cabrera (HIDRASOFTWARE)

Av. Mesa y López N° 40 ------

contacto@hidraSoftware.com

The notification and/or communication between HIDRASOFTWARE and the LICENSEE will be made to the electronic and postal address provided by the Client at the time of sending the data for the generation of the license to use the Software.