Molbook UNIPI is a software developed by the Molecular Modeling & Virtual Screening Laboratory group of the University of Pisa and made available by the University of Pisa for the academic and research world, which enables the User to process data intended to compose, manage and analyze databases containing information about chemical compounds to enjoy various properties including the prediction of the toxicological profile of molecules.
TERMS OF LICENSE Last updated: 16/12/2022 MolBook UNIPI is a software (hereinafter referred to as "Software" or "MolBook UNIPI"), developed for the academic and research community, to deal with data aimed to compose, manage and analyze databases containing information related to chemical compounds, to take advantage of various properties including the prediction of the toxicological profile of molecules. 1. DEFINITIONS, SCOPE, FORMATION OF CONTRACT. 1.1 Definitions. Terms, whether singular or plural, used in these Terms of License (hereinafter "License Terms" or “Terms”) shall have the meanings set forth below. Technical terms, if not specified herein, are assumed to be known by the User. 1.1.1 MolBook UNIPI: software developed by the Developer, for the academic and research community, either by means of source code written by the Developer or by using libraries made available under several conditions (Article 6) and destined to be installed in the User's Device allowing the User to process Molecule Data destined to compose Molecule Data Databases by taking from different Functions; 1.1.2 Developer: MMVSL Molecular Modeling & Virtual Screening Laboratory, working group (composed of Dr. Salvatore Galati, Dr. Miriana Di Stefano. Dr. Giulio Poli, Prof. Tiziano Tuccinardi) who ideated, designed, developed the Software as part of a research activity at the Entity and who is the author of the Software. These License Terms do not give rise to the Entity any further rights to the Software. 1.1.3 Company/Entity: University of Pisa, VAT no. IT80003670504, headquartered at Lungarno Pacinotti 4, 56126 Pisa IT, a subject under public law who, through the Site, makes the Software available to the User; 1.1.4 User: a natural person who performs the Stages of Installation of the Software at the Device, agrees to comply with these License Terms, forms the contract with the Company, uses the Software; 1.1.5 Site: www.molbook.farm.unipi.it, web space where the Software is made available for download at the Device; 1.1.6 Molecule Data: information processed by the User through the use of the Software and use of Functions; 1.1.7 Functions: set of activities which can be performed by the User through the use of MolBook UNIPI including: uploading external databases, saving database made at his device, creation of molecule records, data extraction, consultation, prediction of properties, database sharing with Third Parties; 1.1.8 Third Parties: individuals who may become aware of the contents of the MolBook UNIPI Molecule Data Database made available by the User by User's decision; 1.1.9 Molecule Data Database: complex of Molecule Data processed by the User and saved within the Device. The saving takes place through the Software and may be performed in the Software format (viewable by the User who holds an active License) or in a different format. In such cases, the Company does not ensure or guarantee the correct display of the Molecule Data Database; 1.1.10 Device: a local hardware system equipped with a storage where the Software is installed. For the purposes of these Terms, the Device is also the specific partition where the Software is installed and where the Molecule Data Database is exported. 1.2 Scope and Formation. The agreement between User and Company shall be deemed to be formed upon User's acceptance of these License Terms during the Installation Stage and only upon Company's submission of the License activation code to be entered during the Activation Stage. 1.2.1 The Terms are made available to Users within the Site. Users are permitted to consult, store and reproduce the Terms in the latest published version. 1.2.2 The Terms, in the version in force in the Download Stage, must be accepted by the User during the Installation Stage and are made available to the User as an attachment to the e-mail transmitted by the Company through the Developer in the Activation Stage. 1.2.3 The Terms do not regulate the provision of services or the sale of products by parties other than the Company, even if viewable, for whatever cause or reason, within the Site or reachable through hyperlinks, links or banners available at the Site. 1.2.4 If any provision of these Terms is held invalid, ineffective, or unenforceable, the Terms shall survive and remain in full force and effect for the rest. 2. INSTALLATION: PROCESS AND REQUIREMENTS 2.1 Installation Process. In order to use the Software Functions, are required: a download stage, an installation stage, an activation stage. The following tasks must be performed by the User. 2.1.1 The download phase ("Download Stage") involves downloading the executable file MolBook_installer.exe (hereinafter "Executable") through the Site. Downloading the Executable does not require registration or authentication. Downloading requires an Internet connection. The Company is not responsible for downloads, which are not governed by these Terms, performed via other sites. 2.1.2 The installation phase ("Installation Stage") involves: launching the Executable to start the installation procedure within the Device; accepting these License Terms. 2.1.3 Installation will be carried out in automatic within the Device belonging to the User who performs the installation; installation within a shared partition (if any) is not allowed. 2.1.4 The activation phase ("Activation Stage") involves: clicking on the hyperlink in the pop-up window viewable by the User when the Software is first launched; filling out the form on the web page anchored to the hyperlink by entering the required data, including the code displayed in the pop-up window. The person who performs the activation code request undertakes to enter within the form the data of the person who has accepted the License Terms (User) and who is the owner of the account at the Device; enter the license activation code received by the User at the e-mail address entered in the form. 2.2 Installation Requirements. To perform the download of the Software, are required: an Internet connection; a device with a Windows operating system (Linux upon request); a disk space of the size of about 1.4 GB. 2.2.1 The User agrees for this purpose to provide, at his/her own expense and care, with all the equipment (by way of example but not limited to telephone, data transmission, processing and programs) required to access and make use of the Software, as well as to provide for the implementation, installation and maintenance of the equipment necessary to make use of the Software. 2.2.2 The User hereby waives any and all claims against the Company related to the failure or improper functioning of the Software, the inability of his/her Device to any further malfunction, damage, vice, defect resulting from the lack or occurrence of lack of the requirements for installation. 2.2.3 The Company is in no way liable for any malfunctions caused by the Internet network that prevent or make it difficult to access the Software or to use all or part of the Functions as well as for the malfunction of the Device. 2.2.4 The Company, does not guarantee that the Service will fit the User's particular purposes exactly and assumes no obligation as to the suitability of the Functions to the specifications requested by the User. 2.2.5 The quality of use of the Software, display of content and in general the User experience may change due to a plurality of factors such as the Device. 3. USE AND FUNCTIONS OF THE SOFTWARE 3.1 Use of the Software. The Software can be used in local mode, by launching it from the Device. An Internet connection is not required for the main use of the Software. 3.1.1 Molecule Data reside exclusively in the User's Device as a result of saving the database created in the Software. 3.1.2 Molecule Data is not automatically saved in local, backup, cloud, server, or any other physical or digital space of the User or of the Company, even if the Device is connected to the internet. Exiting the Software without saving Molecule Data will result in the loss of Molecule Data. 3.1.3 The Company is not liable for the User's use of the Software. For instance, the Company shall not be liable for the provision by the User of the Molecule Data Database to Third Parties as well as for the activities that such Third Parties perform in connection with the Molecule Data, the Molecule Data Database as well as the User's rights related hereto. 3.2 Functions of the Software. The functions of the Software are the follows. 3.2.1 Enter Molecule Data. Molecule Data can only be accessed by the User or by Third Parties with whom the User has shared access. 3.2.2 Save Molecule Data. The Software does not perform any automatic saving of entered Molecule Data as well as imported databases. The User, at any time and in any case before exiting, has the option to save the Molecule Data within his/her device by exporting a file, the Molecule Data Database. The Molecule Data Database can only be imported through the Software with a valid and active License; the Molecule Data Database may not be viewable in different versions of the Software or at different devices. The Software also allows Molecule Data to be exported in .xlsx, .csv and .sdf formats. 3.2.3 Import Molecule Data from a database or the Molecule Data Database. The User has the option to import their Molecule Data Database at each access of the Software. The User has the option to import other databases, either present within his/her Device or made available online (in said cases an Internet connection is required for the Function). 3.2.4 Consult the Molecule Data related to the Database imported or entered. The User has the option to make queries, consult, acquire information, perform searches, create aggregations or any other function provided by the Software related to the Molecule Data. 3.2.5 Processing Molecule Data. The User may process Molecule Data within the Functions permitted by the Software, such as, but not limited to: insert, delete, consult, search, communicate, disseminate, share, permanently delete, rectify, modify Molecule Data. 3.2.6 Communicate Molecule Data to Third Parties or share the database containing Molecule Data. The User has the option to communicate Molecule Data to Third Parties by exporting the User’s Molecule Data Database. The recipient who does not have the actively licensed Software available will not be able to view the Molecule Data Database. The Molecule Data Database may also be made available in other formats if saved in the said formats. In such cases, the Company does not ensure or guarantee the correct display of the Molecule Data Database in devices other than the one where it was generated. Making the Molecule Data Database available may require an internet connection. 4. LICENSE: ACTIVATION, DURATION, RENEWAL. 4.1 License Activation. By forming the Agreement, the Company gives the User a royalty-free, time-limited, non-exclusive, non-sublicensable, non-transferable and non-assignable license (hereinafter "License") to use the Software as set forth in these Terms. 4.2 Duration of License. The License has a duration of 1 year from activation (hereinafter "Expiration Date"). The activation of the License is communicated by the Company through the Developer to the User by e-mail (Activation Stage). Before the Expiration Date, the License cannot be interrupted or suspended. 4.3 Failure to Activate License. The Company reserves the right, but disclaims any obligation or liability, to refuse the request for license code when it has reason to believe, in its sole judgment, that there is a danger of violation by the User of these Terms, of national, European, international regulations, of third party rights, or any other risk of patrimonial or non-patrimonial damage. In such cases the contract shall not be considered formed. 4.4 Renewal of License. The License may be renewed, upon User's request, from thirty days prior to the Expiration Date until the Expiration Date. The Company shall notify the User of the need to renew the license via pop-up window at the start of the Software, from the thirtieth day prior to the Expiration Term, indicating the number of days of validity remaining. The User may apply for renewal of the License in the same manner as the User applied for activation. 4.5 Missing License renewal by the User. The User who does not renew the License by the Expiration Date shall not be able to use the Software. The User's non-request determines the non-renewal of the license with the termination of its effect: the License shall be considered terminated and of no effect as of the Expiration Date. The exported Molecule Data Databases may be viewed by Third Parties to whom the Database has been made available, provided they hold an active License, or by the User himself if exported in .xlsx or similar formats. In such cases, the Company does not guarantee or warrant that the same can be viewed by third party software. The User who wants to renew the Software beyond the Expiration Date should contact User Services. 4.6 Missing License renewal by the Company. In all cases in which, for any cause or reason, the Company decides to stop making the Software available, the Company reserves the right not to renew the license at the Expiration Date with consequent termination of the effects of the contract entered into with Users (regardless of renewal requests). In any case, the Company reserves the right to terminate the provision of the Software even with respect to a single User, by refusal of application for renewal of the License, in all cases in which there is, violation or danger of violation by the User of these Terms, of national, European, international regulations, usages in force in the state where the Company is located, of third parties' rights or any other risk of patrimonial or non-patrimonial damage. In such cases, the Company shall notify the User of its refusal to renew the License by e-mail communication to the address provided by the User in the Stages of Activation, subject to claiming all, none excluded, damages suffered as a result of the User's behavior. In the cases referred to in this paragraph, the License shall be deemed terminated as of the Expiration Date and the contract terminated. The User hereby waives the right to raise any claim concerning the provision of data, information, content Data Molecules, Databases, as well as to make claims for compensation or damages possibly suffered as a result of the non-renewal of the License 5. USER: DUTIES AND PROHIBITIONS 5.1 The User with the acceptation of these License Terms declares: that he/she is the owner of the Device in which he/she performs the installation or otherwise owns the related user within the device or the rights that allow the non-shared use of the Software; that he/she has carefully read and understood these License Terms, accepts them and undertakes to observe them in every part; that he/she has reached the age of majority and has the authority to bind oneself and/or the organization he/she represents, if any. 5.2 The User by acceptance of these License Terms agrees: to use the Software for scientific research purposes; to use the Software and the Functions solely within the terms, for the purposes and in the manner set forth in these Terms and to refrain from engaging in any conflicting or otherwise impermissible activity; to comply with all applicable laws, statutes, regulations, such as, but not limited to, all national, European, international regulations, Elements Licenses and any other regulations intended to apply to the use of the Software including provisions protecting copyright, industrial property; to maintain the confidentiality and security of access credentials to the Device where the Software is installed and to assume liability for all activities that occur through access to the Software; to perform a single Activation Stage by inputting true data matching those in use in real life. 5.3 The User agrees to refrain: from engaging in any act, deed, behavior, conduct, contrary to the provisions of these Terms or bypassing their usage terms; from engaging in behavior that constitutes a danger or violation of the rights of third parties, including the rights of any other Users, such as: IP rights, industrial property rights, trade secrets, rights pertaining to the protection of personal data, confidentiality constraints; from selling, transferring or otherwise assigning or even licensing for a definite or indefinite period of time or under license, access to the Software; from reverse engineering the Software in order, even if possible, to derive profits or derivative products from it as well as refraining from circumventing, disabling, fraudulently using the Software. 5.4 The User is prohibited from: publishing, duplicating, renting, leasing or lending the Software; making it accessible to third parties (except, separately, the Molecule Data and the Molecule Data Databases); circumventing the technical restrictions or limitations in the Software. 5.5 The User is and remains solely responsible for the Molecule Data processed. By entering Molecule Data, the User declares that he/she owns or otherwise has the rights to process and/or exploit Molecule Data and that such activities do not violate any third party rights. In all cases where the User's conduct constitutes wrongdoing, he/she is and remains solely and exclusively responsible for any infringement and agrees to indemnify and hold harmless the Company from any and all claims. The User remains solely responsible for activities in violation of the provisions included in these Terms, of any other agreement between the parties, of the regulations in force intended to apply to the use of the Software and the Functions. 5.6 The User hereby agrees to indemnify the Company, from any liability and/or claim for damages related to the infringement of these Terms. He/she also undertakes to indemnify or otherwise refund the Company for all losses, damages, liabilities, costs, charges and expenses, which may be incurred for any cause or reason whatever, however connected with the violations made by the User with regard to this provision. This provision extends to all those who participated in the development of the Software, including the Developer and the persons who make up the Company. The provision shall remain valid and effective even after termination, for any cause or reason, of the License. 5.7 In all cases in which the User for one of his/her own publications has used the Software, he/she agrees as of now to acknowledge to the Company the appropriate citation by reporting what is indicated in the "Attribution Commitment". The use of the name of the Software, the Company and any other element related to the Functions for own promotion, without the Company's authorization, is forbidden. 6. MOLECULE DATA AND SOFTWARE OWNERSHIP 6.1 The uploading of data, information and content such as Molecule Data does not cause any transfer of ownership as well as any cession (even temporary) of rights of the User, to the Company and/or the Developer. Some rights may be granted, for the duration of the activation of the License, to allow the User to use the Software Functions. 6.2 The Company and the Developer, with respect to the rights each holds, remain the owners of all rights of the Software, the Functions and all source code written and developed, the documentation, the data and any other elements other than the Molecule Data entered by the User. 6.3 The Company's and Developer's rights to the Software and these License Terms do not cover elements, libraries, strings, code developed and made available by third parties (hereinafter "Elements"). The Elements, processed in whole or in part by the Company for the Software, are and remain the ownership of the third parties who have made them available and are recipients of the respective licenses. Please refer to the corresponding Element Licenses. 6.4 The Company is and remains the owner of all rights (including copyrights) not expressly granted to the User through these Terms. 7. LIMITATIONS OF LIABILITY OF THE COMPANY 7.1 The Company assumes no liability with respect to the Software, the Functions, data and information included therein such as malfunctions, errors, anomalies, bugs, system defects, flaws. 7.2 The User agrees to use the Software "as is." Under no circumstances may the User make any claims or demands against the Developer. The Developer shall not be liable in any of the cases provided for in the provisions of these Conditions, in respect of which the limitations of liability granted to the Company in this provision may be deemed extended. 7.3 The User hereby waives the right to claim any damage or compensation, even suffered or otherwise related even indirectly to the Software Functions, Molecule Data, Molecule Data Databases. For instance, he/she hereby waives the right to claim any damages arising from defects and malfunctions of the Software, conduct of the Company such as non-renewal of the License, updating of the License Terms, release of an updated version of the Software, interruption of the distribution of the Software. 7.4 In no event shall the Company be held liable for: - any activity carried out by the User towards Third Parties. The Company cannot and does not guarantee or warrant in any way that Users will act in accordance with these Terms and assumes no risk of personal injury or property damage resulting from the violation by other Users of these Terms; - any omission or error in any data or content entered by the User, or any loss or damage of any kind resulting from the use of, access to, or denial of access to any data or content; - for any special, incidental, direct, indirect, exemplary, consequential damages (including but not limited to damages resulting from loss of business profits, business interruption, loss of information or any other pecuniary loss or damage) arising out of the use of the Software; - for losses, malfunctions, delays, interruptions in the operation of the Software and/or the use of the Software resulting from unforeseeable circumstances or force majeure, such as, but not limited to, interruption and/or temporary suspension of telephone lines, the Internet network, failures, power overloads; dysfunctions, malfunctions, anomalies due to the Internet network, the compatibility of the Software with the Device, updates; any other alteration involving the operation of the Software, not attributable to the Company's default; - for active or omissive conduct attributable to the User such as untrue, unauthorized data and information entry, in violation of laws, regulations, disciplines; sharing by the User of Molecule Data or Molecule Data Database with Third Parties; 7.5 The Company undertakes to take prompt action to resolve any malfunction, dysfunction, error, report. In any case, the liability of the Company and the Developer for non-performance, delay, malfunction, Service interruptions, malfunctions, suspensions, shall not exceed the amount paid, if any, to use the License. The Company does not warrant that the Software does not infringe the patent rights of others. 8. PROCESSING OF PERSONAL DATA 8.1 The privacy policy explains how the User's personal data is processed. 9. MODIFICATION OF THE TERMS 9.1 These Terms may be amended and updated at any time. 9.2 The Company reserves the right to withdraw, update, discontinue the use of the Software, update, supplement and modify the Terms without prior written authorization to the User. 9.3 The User hereby accepts the unilateral modification of the Terms. 9.4 The Company undertakes to promptly notify the new Terms by means of the e-mail address provided by the User in the Activation Stage and in any case within the period of 15 days prior to the entry into force. After this deadline, the new Terms will be binding on the User. 9.5 By further accessing the Software, the User agrees to be bound by the Terms as updated, modified, supplemented. Any User who does not intend to accept the new Terms will not be able to use the Software. 10. UPDATING THE SOFTWARE 10.1 The Software is constantly monitored, updated, maintained. 10.2 The User hereby agrees to any interruptions and/or suspensions in whole or in part of the Software necessary to make performance or security improvements, integrate, modify, implement existing functions, implement changes to ensure compliance with regulations, prevent illegal conduct, integrate, modify, implement the Software, release new features. 10.3 The User will have the option to accept updates to the Software, either during the Installation Stage or when renewing the License. Not accepting updates may prevent the use and/or functioning, in whole or in part, of the Software. 11. APPLICABLE LAW AND JURISDICTION 11.1 These Terms are governed by Italian law with the exclusion of all other legislation. 11.2 For any dispute arising between the parties and relating to the application, execution and interpretation of these Terms, the Court where the Company has its registered office shall have jurisdiction, unless otherwise provided by mandatory rules. The User may request information, send communications, receive assistance, file complaints, report errors by contacting User Services.