Draft legal information
DRAFT — NOT FINAL CUSTOMER TERMS. This document is published for review and preparation. It is not a final purchase agreement or an invitation to complete a payment. Final seller details and applicable terms remain subject to commercial release.
EF-PUMP Professional V1
Professional Software License Terms
Status: DRAFT — TASK 19 COMMERCIAL RELEASE PREPARATION
Product: EF-PUMP Professional V1
Licensor: [FINAL SELLER / LICENSOR LEGAL NAME]
Contact: [FINAL COMMERCIAL CONTACT EMAIL]
These terms govern the customer's licensed use of EF-PUMP Professional V1.
1. License model
A purchased EF-PUMP Professional V1 license is a:
Perpetual Individual Professional License for the purchased EF-PUMP Professional V1 version.
The license authorizes one individual professional user.
The license is perpetual for the purchased V1 version. It is not a subscription and does not create a right to future major versions.
2. Permitted professional use
The licensed professional may use EF-PUMP Professional:
- in professional engineering work;
- in paid consulting work;
- in maintenance and reliability work;
- to analyze appropriate client operating data;
- to prepare analyses for professional clients;
- and to deliver analytical reports and results produced from properly licensed use of EF-PUMP.
Professional commercial use of the software is expressly permitted.
3. Customer data and analytical results
The customer remains responsible for the operating data, engineering reference evidence, configuration, and other source material supplied for analysis.
The license permits the licensed professional to use and deliver EF-PUMP analytical reports and results in the course of professional work.
Use of analytical results does not transfer ownership of EF-PUMP Professional itself.
4. Software ownership
EF-PUMP Professional is proprietary software.
Purchase grants a license to use the software. It does not transfer ownership of:
- the EF-PUMP software;
- its source code;
- its analytical implementation;
- its diagnostic rules;
- its licensing technology;
- or other proprietary product material.
All rights not expressly granted remain reserved.
5. Redistribution and sharing
The license does not permit:
- redistribution of EF-PUMP Professional;
- resale of the software;
- sublicensing;
- unauthorized sharing;
- organizational circulation under one individual license;
- provision of the application, installer, runtime, or license entitlement to clients;
- or provision of EF-PUMP itself to another third party.
Reasonable copies required for the licensed professional's own authorized use or backup are distinguished from redistribution.
6. Authorization and activation
EF-PUMP Professional uses controlled authorization evidence.
A production entitlement may be cryptographically bound to a particular EF-PUMP Windows installation.
The entitlement and authorization material are provided for the licensed user's authorized use and must not be transferred, modified, forged, or shared for the purpose of enabling unauthorized use.
Normal authorized analytical execution is designed to operate locally after valid authorization has been established and does not require continuous Internet connectivity.
A change of Windows installation may require a new seller-issued entitlement.
7. No right to future versions
Purchase of EF-PUMP Professional V1 does not automatically include:
- future major versions;
- unrelated future products;
- custom development;
- new diagnostic capabilities;
- or consulting services.
Any later commercial offering is separate unless expressly stated otherwise.
8. Engineering responsibility
EF-PUMP Professional is a professional engineering-analysis support tool.
It does not replace competent professional engineering judgment.
The Engineering Scope, Limitations and Professional Responsibility document supplied with EF-PUMP forms part of the applicable product terms.
V1 fluid and hydraulic scope: Pressure-based analysis applies to appropriately characterized homogeneous, single-phase liquids. The user selects the fluid density; the default is 1000 kg/m3. Hydraulic head is calculated from the measured pressure differential and selected density. V1 does not automatically apply viscosity corrections, model multiphase or gas flow, characterize slurries, or independently model elevation and velocity-head differences. Appropriate measurements and reference evidence remain the responsibility of the licensed professional.
9. Support
Support is limited to the scope stated in the EF-PUMP Professional V1 Support Terms.
Standard software support does not constitute engineering consultancy.
10. Purchase processing and software licensing
EF-PUMP Professional is developed and licensed by [FINAL SELLER / LICENSOR LEGAL NAME], operating under the commercial name EF-PUMP Professional.
Purchases through the official Paddle checkout are conducted by Paddle as authorized reseller and Merchant of Record, under the applicable transaction arrangements. Paddle processes the purchase, collects applicable charges, and issues the applicable purchase invoice or receipt.
The purchase is governed by the applicable Paddle Buyer Terms, Paddle Refund Policy, and mandatory applicable law.
The EF-PUMP licensor separately grants the right to install and use the software under this EULA. Software functionality, installation-bound authorization, permitted use, and technical limitations are governed by this EULA, without restricting mandatory statutory rights.
Paddle's purchase agreement and the EF-PUMP software license are distinct but related contractual relationships. The applicable Paddle entity is determined by the transaction documentation and Paddle's then-current terms.
Payment, invoicing, and transaction questions may be directed to Paddle buyer support. Software operation, activation, and product questions may be directed to the EF-PUMP licensor through the published support channel.
11. Refunds and statutory rights
Refunds, withdrawal rights, chargebacks, and transaction remedies for purchases processed by Paddle are handled under:
- Paddle's then-current Buyer Terms;
- Paddle's then-current Refund Policy;
- the applicable transaction documentation;
- and any mandatory rights that cannot lawfully be excluded.
Nothing in these terms limits rights that applicable law makes non-waivable.
12. Warranty, engineering responsibility and liability
EF-PUMP Professional is professional engineering-analysis support software supplied within its documented V1 functionality and technical limitations.
The software assists users in evaluating operating data. Its analytical findings do not independently establish a confirmed physical equipment fault, definitive root cause, required maintenance action, or guaranteed operational outcome.
The licensor does not guarantee that use of the software will prevent equipment failures, produce economic savings, detect every possible equipment condition, or establish the accuracy of measurements and engineering reference information supplied by the customer.
These statements describe the software's technical purpose and limitations. They do not exclude any legally required guarantee of software conformity, functionality, or other mandatory customer remedy.
The licensed professional remains responsible for assessing the suitability and reliability of input data, interpreting analytical results, and making engineering, operational, maintenance, and safety decisions.
To the extent permitted by applicable law, neither party shall be liable to the other for indirect or consequential commercial losses arising from the licensed use of EF-PUMP Professional, except where such exclusion is prohibited by mandatory law.
Nothing in this EULA excludes or limits liability for fraud, intentional misconduct, death or personal injury where such limitation is prohibited, or any other liability that applicable law requires to remain unrestricted.
Mandatory rights concerning digital-content conformity, available remedies, and applicable consumer protections prevail over any inconsistent provision of this EULA.
13. Governing law, jurisdiction and seller identity
This EULA is entered into between the end user and the EF-PUMP software licensor established in Spain.
Subject to applicable mandatory law, this EULA shall be governed by Spanish law.
For disputes arising from this software license, its permitted use, or the licensor's contractual obligations, the parties submit to the competent courts of Spain only to the extent that such a jurisdiction agreement is valid under the applicable rules. This provision does not override mandatory jurisdiction rules or any non-waivable customer protection.
Purchases processed through Paddle constitute a separate contractual relationship between the buyer and the applicable Paddle contracting entity, acting as authorized reseller and Merchant of Record.
Payment, invoicing, transaction refunds, and disputes under that purchase agreement are governed by the applicable Paddle Buyer Terms and Refund Policy, subject to mandatory buyer protections.
Software-conformity complaints may engage rights or obligations under both contractual relationships. Nothing in this EULA allocates all such claims exclusively to one party or limits non-waivable statutory rights.
The licensor's legally required identity and contact information is provided in the Legal Notice linked from this page.
14. Acceptance
The customer must have access to the applicable EF-PUMP EULA, purchase information, and privacy notice before committing to purchase.
Customers must affirmatively accept this EULA before proceeding to checkout. Acceptance of the EULA does not itself constitute any separate consumer consent or acknowledgment required for immediate digital supply and withdrawal rights.
Acceptance of this EULA is distinct from acceptance of Paddle's applicable buyer terms.
Any installation or activation acceptance mechanism operates only to the extent permitted by applicable law and does not remove mandatory customer rights.
Commercial-release status: DRAFT - NOT YET FINAL CUSTOMER TERMS
Related legal information
Commercial brand: Tembris Forge. EF-PUMP Professional V1 is the software product. The brand is not a separate incorporated legal entity.