End user licence agreement of the Generator Software of Timetables for Schools (GHC) of Peñalara Software, S.L.

Carefully read the present software licence agreement (hereafter “licence”) before using the GHC software, both paid version, free Lite version, “demo” version, or GHC WEB APP; hereafter the Software . If you install, copy or use this software in any way, you accept these conditions. This is a legal agreement between you, final user, natural or legal person (hereafter THE USER) and PEÑALARA SOFTWARE, S.L., Spanish trading company located in Segovia (Spain) at C/ Teodosio el Grande, 8 BIS, Of. 7, PC. 40001 and tax ID number (CIF) B40247744 (hereafter PEÑALARA).

Carefully read the present software licence agreement (hereafter “licence”) before using the GHC software, both paid version, free Lite version, “demo” version, or GHC WEB APP; hereafter the Software . If you install, copy or use this software in any way, you accept these conditions. This is a legal agreement between you, final user, natural or legal person (hereafter THE USER) and PEÑALARA SOFTWARE, S.L., Spanish trading company located in Segovia (Spain) at C/ Teodosio el Grande, 8 BIS, Of. 7, PC. 40001 and tax ID number (CIF) B40247744 (hereafter PEÑALARA).

PREVIOUS CONSIDERATIONS:

For the proper installation and operation of the software, there are the following technical requirements:

  • To have Administrator permissions for the installation.
  • Internet connection is recommended. If you do not have it, you can use offline activation.
  • The use of a fast and multi-core processor may be advantageous for the best use of the application. There is no specific hardware requirement that stops the operation thereof.
  • To have a web browser or mobile device with Android or iOS technology to access to GHC WEB APP.

Privacy and Data Protection Policy (valid for “Demo” version, “paid” version, and GHC WEB APP)

Customer data.

In compliance with the applicable regulation concerning the protection of personal data, the customer is reported that:

a) The data collected by PEÑALARA for this contract, as well as the derivatives thereof, are handled to (i) optimally provide the contracted service, just as to enable its administrative, accounting and financial management, and its control and supervision, and (ii) send communications of interest about the service, electronic, or product contracted.

b) By accepting these conditions, THE USER is agreeing to the processing of their data for each of the previous purposes. In the event that the customer does not provide the necessary data for the rendering the contracted service, it shall be understood that the customer is in breach of the contract that has already been concluded or stopping the compliance thereof by PEÑALARA, with the inherent legal or contractual responsibilities to such conduct that can be derived to the customer.

c) The treatment of THE USER’s data is necessary for the performance of a contract or for the application of pre-contractual measures at the customer’s request.

d) PEÑALARA may transfer its data to the Tax Administration and, where applicable, to other public administrations to whom it has a legal obligation to provide them, as well as to banks, savings banks, rural banks and other financial entities and organizations or individuals directly related to PEÑALARA.

e) THE USER accepts and consents that PEÑALARA collects and uses technical information and other information related to the use of the software from the computer in which it has been installed, including the identification and technical features of the computer where the software is installed, and its operating system. This information will be collected to:

  • Provide a proper update service.
  • Grant an appropriate technical support and maintenance.
  • Avoid potential fraud in the licence of the software or malicious use of it.

f) Your personal data necessary for the service delivery will be kept by PEÑALARA for the term of this service provision and, once it was completed, they will be preserved, before the blockade, during the time that may be necessary for compliance with legal obligations of PEÑALARA, or for the fulfilment of its contractual, fiscal and accounting obligations. The necessary data to send you communications, even electronic, of interest about the contracted service or product or services or similar products, will be kept for the duration of the service provided and, once the service is finished, for an indefinite period while the customer does not request cancellation. or opposition for this purpose.

g) THE USER may exercise any of his rights derived from the processing of his personal data (access, cancellation, rectification, position, and any other required in accordance with current regulations) by writing to the postal address of the company in C/ Teodosio El Grande 8 (BIS) Office 7, PC: 40001, Segovia – Spain, or through the email address: info@penalara.com. In any case, the customer must prove his identity when exercising any of these rights. We also inform you that, if you understand that a violation of any of your rights has occurred, a complaint can be filed with the Spanish Data Protection Agency or any other competent supervisory authority.

THE USER will be responsible for the personal data added and for all those legal obligations that belong to him as responsible for his file. The relationship with your employees and the data added, are your sole responsibility. THE USER must comply with all the principles of information, consent, use and treatment of data in accordance with current legislation. PEÑALARA will not be responsible – in any way – for the veracity, permissions obtained or data source to the web or the software.

Data controller

For the provision of the service interested by THE USER, PEÑALARA will store and process the personal data provided by the customer that he loads or provides through the service or software in the Internet site- "in the cloud". In this sense, PEÑALARA undertakes to respect each and every obligation as data controller according to the current provisions relating to the protection of personal data and any other complementary provision or regulation that may be applicable.

In particular PEÑALARA, as the person in charge of processing the personal data for which the customer is responsible, is committed to:

  • Save and observe, keep and observe your staff, the duty of confidentiality regarding such personal data as a consequence of the formalization and execution of this contract with the customer.
  • Carry out this task of the treatment for the technical and organizational security measures necessary to guarantee a level of security appropriate to the risk in relation to the personal data, in accordance with the information provided by the customer regarding this risk. These security measures should be targeted to prevent variation, loss and unauthorized access to personal data for which the customer is responsible, taking into account the state of the technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment.
  • Treat the data that has been entrusted exclusively according to the instructions of the data controller. If PEÑALARA allocates the data for another purpose, it will be considered responsible for the treatment, answering for the breaches it has personally caused.
  • Do not transfer the data, even for conservation purposes, to third parties. The services subject of this contract and the main contract will be carried out by PEÑALARA. However, THE USER expressly authorizes PEÑALARA to subcontract the servers and cloud services for GHC to MICROSOFT IBÉRICA S.R.L. (Datacenter provider-cloud storage), located at Paseo del Club Deportivo 1, Pozuelo de Alarcón (Madrid - Spain), tax ID number (CIF) B78603495. For any other subcontracting that involves the processing of the data for which THE USER is responsible, PEÑALARA must ask for the previous authorization.
  • Inform THE USER of any incident or security risk of which he is aware and which could potentially affect the information security, as well as to cooperate with him in the investigation of security incidents or risks, and execute the actions that are agreed to the resolution of the incidents and the minimization of the risks detected. In particular, it must notify the customer, without undue delay, when it becomes aware that a breach of security has occurred that affects the personal data that PEÑALARA deals with, providing the following content:
    • A description of the nature of the security breach including, if possible, the categories and the approximate number of affected stakeholders, and the categories and approximate number of personal data records affected;
    • Contact name and information of the data protection representative of PEÑALARA, if it had been designated, or another procedure through which the customer can obtain more information;
    • A description of the possible consequences of the violation of the security of personal data;
    • Measures taken or proposed to resolve the breach of the security of personal data, including, where appropriate, those aimed at reducing the possible negative effects.
    If it is not possible to provide the information simultaneously, and to the extent that it is not, the information will be provided gradually without undue delay.
  • Provide assistance to THE USER, as far as possible, to meet his obligation to respond to requests that aim the exercise of the rights of the stakeholders, regarding those data that PEÑALARA treats on behalf of the USER.
  • In the event that this contract is terminated, and unless it requires its preservation to comply with its contractual or legal obligations or to prove compliance with contractual or legal obligations, PEÑALARA must destroy the data in its entirety or return them to the customer, taking into account the media or documents where these records are found: databases on disks, temporary files, backups, etc.
  • Provide, at the request of the customer, a copy of his security document, as well as any other information or additional documentation that may be necessary to verify the compliance with the obligations contracted here, just as compliance with current legal requirements of protection of personal data.
  • Allow the customer to carry out, in the premises and/or systems of PEÑALARA, the appropriate controls, reviews and verifications in order to confirm that he complies with the obligations contracted herein, as well as with the legal requirements regarding the protection of personal data. PEÑALARA will be forced to allow such controls provided they are not capricious or abusive, and provided that the customer requires them in time and are made in such a way as to cause the least possible damage, upset or inconvenience to PEÑALARA.
  • In any case, not planned in this contract, the regulations on the subject of personal data protection.

REQUIREMENTS FOR THE GHC SOFTWARE, and GHC WEB APP (not applicable for “demo” version):

General:

PEÑALARA, against payment of the rate chosen from those reported in the web of PEÑALARA, www.penalara.com, grants you (does not sell) a licence of use, under the conditions collected in this document, of the GHC software and its accompanying documentation. This licence also applies to any software update provided by PEÑALARA that replaces and/or complements the GHC software originally licenced, unless its own licence accompanies this update.

With the OPTIMUM licence you will have access to the APP as well as the web viewer without any price increase.

The licenced software, will be limited to the number of teachers hired, is single-user, storing the information entered or generated on the computer where is installed, or through the cloud document archive enabled for this purpose. Network operation is not possible. There are 2 functional licences:

  • Annual subscription licence GHC OPTIMUM*:

    This allows a number of 10 installations, technical support and update of the product for a calendar year since the acquisition of the licence. After this year, unless THE USER has reliably notified to PEÑALARA his/her desire of not to extend the contract with at least one month's notice, this licence will be extended automatically accruing the corresponding annual rate applicable. If the contract is not extended, the programme will stop working automatically and the obligations to which PEÑALARA would have been committed under this licence shall be automatically finished by any other additional commitment. The full features of the programme can be found through the web www.penalara.com.

  • Annual free subscription licence GHC LITE*:

    This allows a number of 3 installations, technical support and update of the product for a calendar year since the acquisition of the licence. The functionality will be significantly lower than the OPTIMUM licence. After the year, unless THE USER has reliably notified to PEÑALARA his desire of not to extend the contract with at least one month's notice, this licence will be extended automatically accruing the corresponding annual rate applicable, being able to be free again in Lite mode if PEÑALARA decided it. If the contract is not extended, the programme will stop working automatically and the obligations to which PEÑALARA would have been committed under this licence shall be automatically finished by any other additional commitment. The full features of the programme can be found through the web www.penalara.com.

*The LITE and OPTIMUN versions will be available depending on the country of the educational centre, being able to be the two or only one of them.

Approved installations related to any of these licences must be made on computers that are in possession of the USER; shared ownership of a licence between two or more different organizations or users from different organizations are expressly forbidden.

Intellectual and Industrial Property:

The GHC software, its components, the rest of elements (including images, audio, text and other elements that take part of the SOFTWARE), documentation attached thereof and any distinctive sign of both the company and the software itself, are property of PEÑALARA and, where appropriate, of the suppliers of PEÑALARA, retaining these the respective rights of intellectual and industrial properties, while they have not granted by this licence to the USER, specifically including the rights of reproduction, transformation, public communication and distribution in all possible forms of exploitation that are known at present or that may develop in the future.

Allowed uses and restrictions of the licence:

  • Allowed uses: The software may only be used for creating timetables in state or private/public schools and its subsequent display in GHC WEB APP environment.
  • Restrictions: Except in those cases in which the legislation grants it, the USER is not allowed to carry out any of the following actions, either by himself or by another:

    • Any reverse engineering technique, copy (except the expressly allowed in this licence), decompile, disassemble the software or attempt to discover the source code.
    • Decipher, modify or create derivate works of GHC software neither any of its parts.
    • The licence is given as a single software and its component parts cannot be separated to be used on more than one computer or PC.
    • Include the software on a server to be accessible through a public network like the Internet.
    • Rent, nor completely neither in part, lend or distribute the software-licenced product. You can transfer the rights granted in this licence (only once) when the following requirements coincide:

      • All software, accompanying material and this licence are transmitted. If an update is transmitted, it must be accompanied by all the previous versions.
      • The USER does not preserve any copy, full or partial, of the software product licenced, including copies stored in any computer or device suitable for this.
      • The recipient reads, understands and accepts the terms of the current licence.
      • The transmission is communicated to PEÑALARA and the recipient registers as user of this licence, otherwise they would not provide you any services in connection to the licenced software.

Any attempt to carry out non-allowed actions listed in this section, constitute a violation of the rights of PEÑALARA and a serious breach of the current contract, and may lead to lose the licence.

Technical support and maintenance:

The current licence includes the maintenance and the technical support of the software during a calendar year since its acquisition for cases in which the user downloads the Lite or Optimum versions. This technical support will be carried out by different ways depends on the kind of subscription they have:

  • Optimum + GHC WEB APP: incidents system, telephone, mail. Priority support service
  • Lite: incidents system, mail

Timetable:

  • From Mondays to Thursdays from 9.00 to 13.30 and from 16.30 to 18.30, and Fridays from 09.00 to 14.00, Madrid time, UTC + 2 (Summer) / UTC + 1 (Winter).

These timetables may be subject to changes in order to be adapted as much as possible to the customers’ needs and being published in a visible part of the website (www.penalara.com).

Neither technical support nor maintenance include rights to classes, workdays or hours of training. PEÑALARA reserves the right to transfer technical support and maintenance to its distributors, in which case the USER will be notified by e-mail providing him the contact details of the distributor.

In the case that, for reasons which cannot be attributable to PEÑALARA, the USER does not figure as customer in the database, he/she has not right to receive maintenance neither technical support.

Updates that within a year, duration of this service performs PEÑALARA in order to offset actions or items that were not working properly are included. New versions of the software that PEÑALARA launches annually with new functionalities and improvements are not included.

Consent for the usage of data:

The USER accepts that PEÑALARA compiles and uses technical information and other kind of information related to the use of the software from the computer in which it has been installed, including identification and technical characteristics of the computer where the software is installed and the operating system. This information will be collected for:

  • Provide a proper update service.
  • Provide appropriate technical support and maintenance.
  • Prevent frauds in the installation of the software or the malicious use of it.

Guarantees and liability regime:

Except guarantees established by the applicable Spanish legislation, PEÑALARA does not give any other additional guarantee.

The USER assumes all the responsibility resulted from the incorrect use of the software, expressly exonerating PEÑALARA of any responsibility. Without prejudice to the legal guarantee, the software is provided “as it is”, without other guarantee, explicit or implicit. The choice of the appropriate software for the desired results of THE USER, as well as its installation and use outside of the instructions given by PEÑALARA are the sole responsibility of the USER.

Without prejudice to the liability regime established by the Spanish legislation, PEÑALARA will not be responsible in any way for any personal injury, loss of profits or emerging damage, or any other type of damage that occurs as a result of an accident, a software use, or any of its updates, incorrect or different from the one allowed under the current licence, misuse or abuse by the USER, and regardless that they had advised PEÑALARA of the possibility of such damages.

PEÑALARA will not take assume responsibility for any alteration or loss of data that occur on the computer of the USER, who is the only one responsible of the respective backups. PEÑALARA advises the USER to make a backup of executable software, as well as a daily backup of all data entered in it, and put up it in an external support to the drive where it is installed. Peñalara will not take assume responsibility for any incompatibility (errors, problems or incidents) between the software installed on the computer of the USER and the Peñalara software both installation and the subsequent use.

Termination of the contract:

This contract shall be resolved for the following reasons:

  • End of the period for which the licence is hired.
  • Breach of any of the covenants and obligations of this licence by the USER.
  • Non-payment of the software price, at the rate chosen by the USER or, where appropriate, any of its fees, which will mean the unilateral withdrawal by the USER and in such case, the software will stop working without notice by PEÑALARA, who is not obliged to provide any of the services to which it had agreed under this licence or any other additional commitments.
  • Misuse or violation, by the USER, of the allowed uses and restrictions of the software defined in the section 3.

New versions of the software:

Each year, PEÑALARA launches new versions of the software that contain improvements and incorporate new functionalities to it. These updates are not included in the technical support or maintenance that during a year the USER has right to, and a new contract with its pertinent licence is required, against payment of the corresponding price.

This licence is not, therefore, applicable to any of the new versions that PEÑALARA will carry out in the future about the licenced software.

REQUIREMENTS FOR “DEMO” VERSION OF GHC SOFTWARE (not applicable to the paid version):

General:

PEÑALARA grants you (does not sell) a licence of use, not exclusively, under the conditions of this licence, of the GHC software and its accompanying documentation. PEÑALARA expressly reserves all the rights not granted to you. The demo version is limited to enter a maximum of 10 teachers and 15 days of use, is single-user, storing the information entered or generated on the computer where is installed, and its operation through networking is not possible.

Intellectual and Industrial Property:

The GHC software, its components, the rest of elements (including images, audio, text and other elements that take part of the SOFTWARE), documentation attached thereto and any distinctive sign of both the company and the software itself, are property of PEÑALARA and, where appropriate, of the suppliers of PEÑALARA, retaining these the respective rights of intellectual and industrial properties, while they have not granted by this licence to the USER, specifically including the rights of reproduction, transformation, public communication and distribution in all possible forms of exploitation that are known at present or that may develop in the future.

Allowed uses and restrictions of the licence:

  • Allowed uses: The demo version can be used only to know and/or verify the operation and the features destined of GHC software to carry out timetables in public or private schools. If your centre has less than 10 teachers and wants to use GHC to create its timetables, you should buy the licence for 10 teachers.
  • Restrictions: Except in those cases in which laws give it, the USER is not allowed to perform any of the following actions, by himself neither by another:

    • Any reverse engineering technique, copy (except the expressly allowed in this licence), decompile, disassemble the software or attempt to discover the source code.
    • Decipher, modify or create derivate works of GHC software neither any of its parts.
    • The licence is granted as a single computer product and its component parts cannot be separated to be used on more than one computer or PC.
    • Include the software on a server to be accessible through a public network like the Internet.
    • Rent, nor completely neither in part, lend or distribute the software-licenced product.

Any attempt to carry out any non-permitted actions listed in this section, constitute a violation of the rights of PEÑALARA and a serious breach of this contract, so it may lead to lose the licence.

Technical support and maintenance:

The “demo” version of GHC software of PEÑALARA is free and is provided with the sole purpose that the USER could verify the operation and characteristics of this software, it does not include maintenance neither technical support, nor updates; services that are included exclusively in the paid licences.

Consent for the usage of data:

The USER accepts that PEÑALARA compiles and uses technical information and other kind of information related to the use of the software from the computer in which it has been installed, including identification and technical characteristics of the computer where it is installed the software and the operating system. This information will be collected for:

  • Provide a proper demonstration service.
  • Prevent frauds in the installation of the software or the malicious use of it.

Guarantees and liability regime:

The USER assumes all the responsibility resulted from the incorrect use of the software, expressly exonerating PEÑALARA of any responsibility. The software is provided “as it is”. The choice of the appropriate software for the desired results of THE USER, as well as its installation and use outside of the instructions given by PEÑALARA are the sole responsibility of the USER.

PEÑALARA will not be responsible in any way for any personal injury, loss of profits or emerging damage, or any other type of damage that occurs as a result of an accident, a software use, incorrect or different from the one allowed under the current licence, misuse or abuse by the USER, and regardless that they had advised PEÑALARA of the possibility of such damages.

PEÑALARA remembers you that the use you should give to this licence by the USER is the one of a demo version, which is exclusively to check the characteristics and functionalities of GHC software, but not for the final use, due to it is not suitable for that because it is limited with regard to the paid software. PEÑALARA is not responsible for any alteration or loss of data that may be occur on a computer of the USER, being this the sole responsible of the pertinent backups.

Peñalara is not responsible for possible incompatibilities (errors, problems or incidents) between the installed software on a computer of the USER and the Peñalara software both in its installation and its subsequent use.

Personal data protection:

To proceed to download the software you had to pre-register through the web form provided on the website of PEÑALARA. As has been reported before that registration, your data will be included in a file owned by PEÑALARA SOFTWARE S.L., in order to manage your requests for information and applications, registration process on the web as well as the different notifications required to manage these applications. Your contact details may be communicated to our distributor in this affected place in order to establish contact with you though the resources provided. You may exercise your rights of access, rectification, cancellation and opposition included in such file.

Moreover, you may contact us sending a letter by post to PEÑALARA SOFTWARE S.L., C/ Teodosio el Grande, 8 BIS, Of. 7, CP: 40001, Segovia, Spain; indicating the title ‘LOPD’ and attaching: full name and ID photocopy, or by e-mail to: (soporte@penalara.com).

Various issues:

In the case, any of the clauses of this document would be invalid or ineffective by a court or legal resolution, the rest of the non-affected clauses shall keep their validity.

This licence may be only modified in their terms through express agreement between the USER and PEÑALARA, they reserve the right that this agreement be in writing.

In case this licence has been given to the USER in a language different to Spanish through a translation, it is given only for meeting his needs, and in case any conflict appears between both versions, the Spanish one is the one that shall prevail over the translated one.

Applicable law and jurisdiction:

For the settlement of disputes, which may arise in connection with this document, or the use of the software, the USER expressly agrees that they are subject of the jurisdiction of the Court of Segovia, in Spain, with an express waiver of anyone that might legally correspond to them.

Moreover, the USER agrees that this contract is governed by Spanish law and pursuant thereto shall be interpreted, being the Spanish one, the applicable law to any issue that may appear in relation to this document and the use of the software.