Version 1.0 — 2026-10-20 — English translation. The French version (master) prevails in case of discrepancy.
This End-User License Agreement (the “Agreement” or “EULA“) is entered into between:
- the Publisher: Olivier Hagmann, trabajador autónomo (self-employed under Spanish law), trading as OH Performance, NIF/NIE Y5704201P, Calle Blas Fernández Lirola 20, 2-1, 08902 L’Hospitalet de Llobregat, Spain — contact.ohperformance@gmail.com;
- the Licensee: the professional organisation (team, outfit, company) that installs or uses the OHP Apex software (the “Software“).
By ticking “I have read and accept” during installation or first launch, or by installing or using the Software, the Licensee accepts this Agreement. If the Licensee does not accept it, the Software must not be installed or used.
1. Purpose
The Agreement governs the use of the OHP Apex Software, an application for analysis and strategic decision support in endurance motorcycle racing, together with associated services (license activation, updates, Rider Space where applicable).
2. Licence granted
The Publisher grants the Licensee a personal, non-exclusive, non-transferable and non-sublicensable right of use, for its internal professional needs, within the following limits:
- Term: equal to the validity period of the purchased licence (season, event or period stated on the quote/invoice). On expiry, the right of use ends.
- Number of workstations: installation and use limited to the number of workstations provided by the licence (2 workstations by default), identified by the activation mechanism.
- Use: internal to the Licensee, for analysing its own racing activities.
3. Activation and licence verification
The Software is activated with a licence key and periodically verifies its validity with the Publisher’s server. Temporary offline operation (up to 7 days) is provided for. The Licensee undertakes not to circumvent, disable or alter this mechanism.
4. Prohibitions
The Licensee shall not, unless with the Publisher’s prior written authorisation or where a mandatory legal provision states otherwise:
- decompile, disassemble, reverse-engineer or attempt to access the Software’s source code;
- copy, modify, adapt, translate or create derivative works of the Software;
- share, lend, rent, resell, redistribute or transfer the licence key or the Software to a third party;
- use the Software beyond the number of workstations or the term granted;
- remove or obscure ownership notices, trademarks, credits or licence notices.
5. Third-party timing data and Licensee’s responsibility
The Software may display and analyse timing data provided by third parties (organisers, timing and live-timing providers). The Publisher is not the source of this data and does not guarantee its accuracy, completeness or availability, and is not liable for any interruptions or errors originating from it.
The analyses, estimates, simulations and indicators provided by the Software are decision support tools. Any race-strategy decision (stops, stints, fuel, riders, etc.) is the sole responsibility of the Licensee. The Software guarantees no sporting result.
6. Intellectual property
The Software, its code, interface, documentation and graphic elements remain the exclusive property of the Publisher. The Agreement grants only a right of use and no transfer of ownership. Any third-party trademarks, names and logos cited belong to their respective holders (see the Credits and non-affiliation document).
7. Updates
The Publisher may release updates. For security, compliance or compatibility reasons, a minimum version of the Software may be required to keep using it or to activate a licence. Mandatory updates never interrupt an ongoing race session: they apply when the Software is closed or no race is loaded.
8. Third-party software
The Software incorporates third-party open-source components, listed in the Third-party licenses document (THIRD_PARTY_LICENSES.html) supplied with the Software. These components remain governed by their respective licences.
9. Personal data
The processing of personal data is described in the Application Privacy Policy. Use of the Rider Space (optional) is further governed by a separate Rider Space Privacy Policy and a Data Processing Agreement (DPA).
10. Warranty
The Software is provided “as is”, without warranty of fitness for a particular purpose or of uninterrupted or error-free operation, to the extent permitted by law. The Publisher endeavours to provide support during race weekends as set out in the License Terms of Sale.
11. Limitation of liability
To the extent permitted by law, the Publisher’s total liability, all damages combined, is capped at the amount actually paid by the Licensee for the licence over the twelve (12) months preceding the triggering event. The Publisher is in no event liable for indirect damages (loss of sporting result, data, opportunity, revenue, or reputational harm). Nothing in the Agreement excludes liability that cannot lawfully be excluded.
12. Term and termination
The Agreement takes effect on acceptance and lasts as long as the licence is valid. The Publisher may terminate automatically in the event of a serious breach by the Licensee (in particular §4), after formal notice has gone unheeded. On termination, the Licensee ceases all use and uninstalls the Software.
13. Professional (B2B) nature
The Software is intended exclusively for professionals (business-to-business sale). It is not offered to consumers within the meaning of consumer law.
14. Governing law and jurisdiction
The Agreement is governed by Spanish law. Any dispute falls under the exclusive jurisdiction of the courts of Barcelona (Spain), save for any mandatory rule to the contrary.
15. Acceptance
Electronic acceptance (a timestamped “I have read and accept” checkbox) constitutes, between professionals, a simple electronic signature of this Agreement. The Publisher keeps a record of the accepted version, its date and the licence identifier. Any new version of the EULA triggers a renewed acceptance request at the next launch.