Software License Agreement
1. Introduction
This Software License Agreement ("Agreement") is a legal contract between you ("Licensee") and
StatInsight UG ("Licensor") for the use of the software product StatInsight ("Software").
By installing, copying, or using the Software, the Licensee agrees to be bound by the terms of this Agreement.
If you do not agree to these terms, do not install or use the Software.
2. License Grant
Licensor grants Licensee a non-exclusive, non-transferable, revocable license to use the Software under the
following conditions:
a) Per-Device License: The Software may be installed and used on a single device per purchased license.
b) Network License: The Software may be used on multiple devices within a network, subject to the number of network licenses purchased.
c) License Term: Licenses are available on a monthly or yearly subscription basis. Continued use requires timely renewal.
3. Restrictions
Licensee shall not:
- Reverse engineer, decompile, or disassemble the Software.
- Distribute, sell, rent, lease, sublicense, or transfer the Software without prior written consent from Licensor.
- Bypass or attempt to circumvent any license verification mechanism.
- Use the Software for purposes that violate applicable law or the rights of any third party.
4. Nature of the Software — Interface and Third-Party Libraries
- The Software is a graphical interface tool that facilitates the application of statistical methods. It does not independently implement statistical algorithms but instead invokes established, publicly available, open-source scientific libraries, including but not limited to SciPy, statsmodels, NumPy, scikit-learn, pingouin, and lifelines (collectively, "Third-Party Libraries").
- All statistical computations, outputs, p-values, test statistics, coefficients, confidence intervals, and related results are produced exclusively by these Third-Party Libraries. The Licensor exercises no control over the internal computation logic of any Third-Party Library.
- The Software transmits user-supplied data to these libraries and presents the results in a structured, human-readable format. The Licensor makes no independent representation that any result produced by a Third-Party Library is mathematically correct, statistically appropriate, or suitable for any particular purpose.
- Errors, inaccuracies, or unexpected results arising from the implementation of any Third-Party Library are outside the Licensor's responsibility. Licensee is encouraged to validate results independently when critical decisions depend on them.
5. User Responsibilities and Input Data
- The Licensee is solely and exclusively responsible for the quality, accuracy, completeness, appropriateness, and legality of all data entered into or processed by the Software ("Input Data").
- The Software produces outputs based entirely on the Input Data provided. Incorrect, incomplete, mislabeled, or otherwise unsuitable Input Data will yield incorrect, misleading, or meaningless results. The Licensor bears no responsibility whatsoever for outputs arising from deficient Input Data.
- The Licensee is responsible for selecting the appropriate statistical test or method for their specific research question, study design, and data characteristics. The Software may suggest tests based on heuristics, but such suggestions do not constitute professional statistical advice and may not be appropriate for every context.
- The Licensee must ensure they have the legal right to process any personal or sensitive data entered into the Software, including compliance with applicable data protection laws.
6. No Professional Advice
- The Software and all outputs it produces are provided for informational and general analytical purposes only. Nothing produced by the Software constitutes professional statistical, medical, clinical, financial, legal, or any other form of regulated professional advice.
- The Licensee must not rely solely on the Software's output for decisions that carry significant medical, clinical, financial, legal, regulatory, or safety consequences without independent review by a qualified professional.
- The Licensor expressly disclaims any responsibility for decisions made by the Licensee or any third party based on outputs generated by the Software.
7. Payment and Renewal
- The Licensee agrees to pay the applicable fees for the selected license type.
- Payments are due before the start of the next billing cycle (monthly/yearly).
- Non-payment results in automatic license termination. No refunds are provided for unused periods of a subscription term unless required by applicable law.
8. Updates and Support
- Licensor may provide updates, bug fixes, or security patches at its sole discretion. Updates may change or remove functionality.
- Support services, if included, are available during the active license period. Support does not include validation of statistical results or consultation on research methodology.
- Licensor does not guarantee uninterrupted availability of license verification servers. Temporary unavailability of such services shall not constitute a breach by Licensor.
9. Termination
- Licensor reserves the right to terminate this Agreement if Licensee violates any terms herein.
- Upon termination, the Licensee must cease all use and remove all copies of the Software.
- Licensor may also terminate this Agreement upon reasonable written notice if Licensor discontinues the Software product.
10. Disclaimer of Warranties
- THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
- LICENSOR DOES NOT WARRANT THAT: (I) THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS; (II) THE SOFTWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED; (III) ANY STATISTICAL RESULT PRODUCED BY THE SOFTWARE OR ITS UNDERLYING THIRD-PARTY LIBRARIES IS ACCURATE, COMPLETE, OR APPROPRIATE FOR THE LICENSEE'S USE CASE; OR (IV) ANY DEFECTS WILL BE CORRECTED.
- BECAUSE THE SOFTWARE ACTS AS AN INTERFACE TO THIRD-PARTY LIBRARIES, LICENSOR MAKES NO WARRANTY REGARDING THE CORRECTNESS OF ANY COMPUTATION PERFORMED BY THOSE LIBRARIES AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR SUCH COMPUTATIONS.
11. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR'S TOTAL CUMULATIVE LIABILITY TO THE LICENSEE FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE — WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL LICENSE FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
- IN NO EVENT SHALL LICENSOR BE LIABLE FOR: (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (II) LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL; (III) DAMAGES ARISING FROM INCORRECT, INCOMPLETE, OR UNSUITABLE INPUT DATA PROVIDED BY LICENSEE; (IV) DAMAGES ARISING FROM ERRORS, BUGS, OR INACCURACIES IN ANY THIRD-PARTY LIBRARY USED BY THE SOFTWARE; (V) DAMAGES ARISING FROM THE LICENSEE'S RELIANCE ON STATISTICAL OUTPUTS FOR PROFESSIONAL, MEDICAL, FINANCIAL, LEGAL, OR OTHER CONSEQUENTIAL DECISIONS; OR (VI) DAMAGES ARISING FROM INTERRUPTION OF THE LICENSE VERIFICATION SERVICE.
- The above limitations apply regardless of whether the Licensor has been advised of the possibility of such damages and regardless of the legal theory under which such damages are claimed.
- Mandatory Legal Exceptions (German Law): Nothing in this Agreement shall limit or exclude Licensor's liability for: (i) damages caused by willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit) by Licensor or its legal representatives or agents; (ii) damages from injury to life, body, or health; (iii) claims under the German Product Liability Act (Produkthaftungsgesetz); or (iv) any other liability that cannot be limited or excluded under mandatory applicable law.
12. Data Protection
- The Software processes data locally on the Licensee's device. The Licensor does not collect, store, or transmit the Licensee's Input Data or analysis results to Licensor's servers.
- License key validation and update checks involve network communication limited to authentication and version metadata. No analytical data is transmitted.
- The Licensee is solely responsible for compliance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR), when processing personal data using the Software.
13. Governing Law and Jurisdiction
- This Agreement shall be governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.
- Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Saarland, Germany.
- At Licensor's discretion, disputes may alternatively be resolved through binding arbitration in accordance with the rules of the German Institution of Arbitration (DIS). The language of arbitration shall be English.
14. Miscellaneous
- This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements or understandings, whether written or oral.
- Any modifications must be in writing. Licensor may update this Agreement by posting a revised version; continued use of the Software after such posting constitutes acceptance of the revised terms.
- If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent of the original.
- Licensor's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
By installing or using the Software, the Licensee acknowledges that they have read, understood, and agree to be bound by this Agreement.
StatInsight UG
contact@statinsight.eu
www.statinsight.eu