Horalia Software License of Use

1. Horalia Software License of Use

HORALIA SOFTWARE, S.L. is the owner and holder of the exploitation rights (expressly including the rights of reproduction, modification, distribution and transformation, by any currently known means or any that may arise in the future) of the Horalia software covered by this license, including its source code, object code, associated documentation, design, structure, organization and graphic elements.

The software covered by this license is protected by the Spanish Intellectual Property Law (LPI), as well as by international conventions and treaties on intellectual property to which Spain is a signatory.

The Horalia software allows efficient management of time tracking, shift planning, incident management and labor record-keeping, automating processes and reducing manual intervention.

Through this document, Horalia Software, S.L., upon full payment of the amount corresponding to the license, grants the LICENSEE a license to use the software under the terms set forth herein, expressly reserving all rights it holds over it.

This license incorporates the commercial terms of the agreement, including the budget approved by the Client, the renewal, termination, billing and payment policy conditions, as well as the data processing agreement in which Horalia acts as Data Processor.

2. License content

The license grants the Client a non-transferable and non-exclusive right to access the software from authorized computer systems, and only for the number of users described in the contract or during the registration process.

Authorized users linked to the license must belong to the organization that owns it and maintain a labor or professional relationship with it. Sharing the license between two or more different organizations is expressly prohibited.

The number of authorized users may be increased or decreased depending on changes in the Client’s workforce or organizational structure.

The license includes all software updates for Horalia released during the term of the contract.

By accepting the license, the Client authorizes Horalia Software, S.L. to collect and use personal data strictly necessary for the functionality of the software, such as activity logs, time records, incidents or technical information required for the correct provision of the service.

3. Prohibitions and reservation of rights

Reverse engineering
The User may not apply reverse engineering techniques, decompile, disassemble or perform any action aimed at obtaining the source code of the Horalia software.

The software must be used as a single product. None of its components may be separated, redistributed or used independently.

Assignment to third parties
It is strictly forbidden to lease, lend, transfer or distribute the licensed software in any way to third parties outside the Client’s organization.

Reservation of rights
Horalia Software, S.L. reserves all exploitation rights over the software, including reproduction, transformation, public communication and distribution in any of its present or future forms. Modification, copying or transformation of the software by the Client is not authorized, including error correction, these tasks being the exclusive responsibility of Horalia.

The Client acknowledges that Horalia is a standard product and is not authorized to modify it under any circumstances, even if such modifications were necessary for its proper use.

4. Warranty exclusion and limitation of liability

With this license, Horalia Software, S.L. does not grant any additional warranty beyond those legally required.

The LICENSEE assumes full responsibility for the appropriate or inappropriate use of the software, releasing Horalia from any liability for damages arising from such use.

Except for legal warranties, the software is provided “as is”, without explicit or implicit warranties, including but not limited to merchantability, fitness for a particular purpose, accuracy, availability or non-infringement of third-party rights.

The selection of the appropriate software, its installation, configuration and the results obtained through its use are the sole responsibility of the LICENSEE.

Within the legal limits established, Horalia Software, S.L. shall not be liable under any circumstances for indirect, incidental, special, punitive or consequential damages, including: loss of profits, loss of revenue, operational interruptions, data loss, third-party claims or administrative penalties arising from the use or misuse of the software.

Horalia’s total accumulated liability during the term of the contract shall not in any case exceed an amount equivalent to 12 months of subscription. This limitation does not apply in cases of gross negligence or willful misconduct.

5. Applicable law and jurisdiction

For the resolution of disputes related to the interpretation or execution of this license, both parties expressly agree to submit to the Courts and Tribunals of Girona, waiving any other jurisdiction that may correspond to them.

This document constitutes the full expression of the agreement between the parties regarding the license to use the Horalia software, replacing any previous agreement. Any modification must be made in writing and signed by Horalia Software, S.L.