This Software License Agreement (“Agreement”) is made by and between:
Licensor: Viacheslav Muratov,
Licensee: Any individual or entity downloading, installing, accessing, or using the Software (“Licensee”).
Licensor and Licensee may be referred to herein individually as a “Party” and collectively as the “Parties.”
1. Definition of Software
“Software” means the ChemBioML Platform, including any associated materials, updates, modifications, or documentation provided by Licensor.
2. Grant of License
2.1 License Grant
Licensor grants Licensee a limited, non-exclusive, non-transferable license to install and use the Software solely for the purposes specified by Licensor. No other use is permitted without prior written consent of Licensor.
2.2 Scope of Use
(a) Licensee may use the Software in [describe permitted uses, e.g., internal business, personal projects, commercial distribution, etc.].
(b) Licensee shall not distribute, sublicense, lease, rent, or otherwise transfer the Software to third parties except as expressly permitted in this Agreement.
3. Restrictions and Derivative Works
3.1 Included Open-Source Components
The Software includes third-party open-source libraries and tools, which are located in the folder titled “Python312”. These components are provided in source or binary form under their respective licenses, including but not limited to:
Python
scikit-learn
pandas
numpy
DEAP
matplotlib
sklearn-genetic
openpyxl
3.2 License Terms for Open-Source Components
Each open-source component is governed by its own license, as specified in the corresponding LICENSE file or source code headers. Licensee agrees to comply with the terms of these licenses when using or modifying such components.
3.3 Modification and Use of Open-Source Components
Licensee is permitted to use and modify the open-source components located in the “Python312” folder in accordance with their respective licenses. Licensor makes no claim of ownership over these components and distributes them solely for convenience and functionality within the Software.
3.4 Proprietary Code
All other parts of the Software, excluding the contents of the “Python312” folder and any other clearly marked open-source components, are the proprietary intellectual property of the Licensor and are licensed under the terms of this Agreement. Licensee is not permitted to modify, distribute, or reverse engineer the proprietary parts of the Software without prior written consent of the Licensor.
4. Commercial Use
Licensee is permitted to use the Software for commercial purposes, provided such use remains within the scope of the license granted under Section 2 of this Agreement.
5. Attribution
Licensee is required to provide appropriate attribution to Licensor in any work, publication, or product that includes or utilizes the Software. The required citation format and details can be found on the official attribution page: https://chembioml.com/citation.
If the Software is used in a scientific publication, Licensee must cite the corresponding paper (once available) as specified on the attribution page. Until the official citation is provided, Licensee must reference the Software according to the instructions available at the provided link.
6. Intellectual Property Rights
6.1 Ownership
All rights, title, and interest (including all intellectual property rights) in and to the Software shall remain with Licensor.
6.2 No Transfer of Rights
Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Software to Licensee.
7. Warranty and Disclaimer
7.1 As Is
THE SOFTWARE IS PROVIDED “AS IS” AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 No Guarantee
Licensor does not guarantee that the Software will be free from bugs, errors, or omissions, or that defects will be corrected.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
Licensee agrees to indemnify, defend, and hold harmless Licensor from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with Licensee’s use of the Software or breach of this Agreement.
10. Consumer Rights (Applicable to Individuals Under Polish Law)
10.1 Consumer Protection
If the Licensee is a consumer as defined under the Polish Civil Code, this Agreement does not limit their statutory rights. If the Software is purchased remotely, the Licensee has the right to withdraw from the contract within 14 days, in accordance with the Polish Consumer Rights Act.
11. Termination
11.1 Termination by Breach
This Agreement terminates automatically if Licensee breaches any of its terms. Upon termination, Licensee must immediately cease all use of the Software and destroy or delete all copies of the Software in Licensee’s possession or control.
11.2 Survival
Sections that by their nature should survive termination of this Agreement (e.g., Intellectual Property, Warranty and Disclaimer, Limitation of Liability, Indemnification) shall continue in effect after termination.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws principles.
12.1 Jurisdiction
Any disputes arising out of or in connection with this Agreement shall be resolved in the competent court of Licensor’s registered seat. If the Licensee is a consumer, the appropriate court shall be determined in accordance with the Polish Code of Civil Procedure.
13. Data Protection and GDPR Compliance
13.1 Processing of Personal Data
Licensor processes personal data in accordance with the General Data Protection Regulation (GDPR) (EU 2016/679). Licensee has the right to access, rectify, or delete their data, as well as to request limitation of processing or to object to data processing.
13.2 Data Collection
By accepting this Agreement, Licensee agrees that some technical and usage data may be collected for analytics, performance monitoring, and compliance with licensing terms. Such data will not be shared with third parties unless required by law.
14. Prohibited Uses Under Polish Law
Licensee agrees not to use the Software for any illegal activity, including but not limited to:
Development or analysis of substances prohibited under Polish law.
Actions that may violate intellectual property rights of third parties.
Use of the Software for purposes that violate Polish or EU regulations on cybersecurity, data protection, or public safety.
15. Payment, VAT Invoices, and Billing (If Paid Version Applies)
15.1 Payment Terms
If the Software includes a paid version, Licensee agrees to make payments according to the specified pricing. Non-payment may result in termination of access.
15.2 VAT Invoices
If applicable, Licensor shall issue VAT invoices in compliance with Polish tax regulations. Licensee is responsible for providing accurate billing information for invoicing purposes.
16. Entire Agreement
This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, negotiations, or agreements. Any additional or different terms proposed by Licensee are hereby rejected unless expressly agreed to in writing by Licensor.
17. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid or enforceable, and all other provisions shall remain in full force and effect.
18. No Waiver
Failure by Licensor to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Licensor in writing.
19. Assignment
Licensee may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Licensor. Any attempt to do so without consent shall be null and void.
20. Acceptance
By installing, accessing, clicking “I Agree,” or otherwise using the Software, Licensee acknowledges that they have read, understood, and agree to be bound by this Agreement. If Licensee does not agree to the terms of this Agreement, they must not install or use the Software.