End-User License Agreement (EULA) for MyeloAID-RUO

Important – Read carefully before using the software.

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Cancilico GmbH (“Licensor”) for the MyeloAID-RUO software (the “Software”). The Software is provided as a component within the PathoZoom® Scan & LiveView application by Smart in Media. This EULA includes the computer software and may include associated media, printed materials, and “online” or electronic documentation.

By installing, copying, or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the software.

1. Grant of License

The Software is licensed, not sold, to you for use only under the terms of this EULA. Subject to your compliance with the terms and conditions of this EULA, Licensor hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software solely for your internal purposes, in accordance with the Intended Purpose described in the product’s Instructions for Use (IFU) and the terms of your subscription (as defined in section 2).

2. License and Subscription

Your right to use the Software is contingent upon a valid license obtained through us or a valid partner (Smart in Media AG). The Software includes a free trial that allows for the completion of up to 20 bone marrow analyses. For usage exceeding this limit, a separate subscription based on usage volume must be acquired through Smart in Media. Your right to use the Software beyond the free trial is contingent upon maintaining a valid and active subscription with Smart in Media. Licensor reserves the right to modify subscription fees upon notice. Failure to pay subscription fees may result in the termination of your license as outlined in Section 6.

3. Scope of Use and Restrictions

• Intended Use: The Software is for Research Use Only (RUO). It is intended for the morphological differentiation of digital bone marrow aspirates and is not to be used for direct diagnostic procedures.
• AI Acknowledgement: You acknowledge that the Software is AI-based and was trained on selected data. The data does not cover all possible diseases or hardware variations, which may lead to uncertainties in the analysis. You agree to conscientiously check all results provided by the Software.
• General Prohibitions: You shall not:
• Reverse engineer, decompile, or disassemble the Software, except where such activity is expressly permitted by applicable law.
• Modify, adapt, translate, or create derivative works based upon the Software.
• Copy the Software.
• Distribute, sublicense, rent, lease, or lend the Software.
• Use the Software in any way that violates applicable laws or regulations.
• Remove or alter any copyright, trademark, or other proprietary rights notices within the Software.

4. Intellectual Property Rights

The Software and all intellectual property rights therein are and shall remain the sole and exclusive property of the Licensor and its licensors. Your rights are limited to those expressly granted in this EULA. No title to or ownership of the Software is transferred to you.

5. Data Handling and AI Improvement

• Privacy: In connection with your use of the Software, the Licensor may collect and process certain data as outlined in our Privacy Policy available at cancilico.com/privacy-policy/. By using the Software, you consent to the data practices described therein. You are responsible for maintaining the confidentiality of your account credentials.
• User Feedback for AI Improvement: The Software allows for user corrections to the analysis results. You acknowledge and agree that any changes you make to the analysis results will be analyzed and may be incorporated as feedback into the training of the AI to improve it. For this purpose, the Licensor stores the correction data (which is limited to time of day, pixel values of the image, new class label and devoid of personal information).

6. Third-Party Software

The MyeloAID-RUO Software is integrated into and accessed through the PathoZoom® Scan & LiveView application, which is provided by Smart in Media. Your use of the PathoZoom® Scan & LiveView application is governed by a separate agreement between you and Smart in Media. This EULA applies only to your use of the MyeloAID-RUO component. Cancilico GmbH is not responsible for, and provides no warranty for, the PathoZoom® Scan & LiveView application.

7. Termination

This EULA and your license will terminate automatically without notice if you fail to comply with any provision of this EULA or if your license agreement with Smart in Media is terminated. Upon termination, you must cease all use of the Software and destroy all copies. Sections 4, 5, 8, 9, and 10 shall survive any termination.

8. Warranty Disclaimer

The software is provided “as is” and “with all faults”. The licensor hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, and noninfringement. The licensor makes no warranty that the software will be uninterrupted, error-free, or completely secure. The Software is an analytical tool for research purposes only and is not a substitute for professional medical judgment.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use the Software. The Licensor’s total liability to you for all claims shall not exceed the amount actually paid by you for the Software subscription in the twelve (12) months immediately preceding the date the claim arose.

10. Governing Law

This EULA shall be governed by and constructed in accordance with the laws of Germany and the European Union. The parties consent to the exclusive jurisdiction and venue of the courts located in Germany for any disputes.

11. Entire Agreement

This EULA constitutes the entire agreement between you and Licensor concerning the Software and supersedes all prior communications.

12. Severability

If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

13. Waiver

No waiver by Licensor of any right shall be effective unless in writing and signed by a duly authorized representative of Licensor.

14. Contact Information

If you have any questions regarding this EULA, please contact: 

Cancilico GmbH
Blasewitzer Str. 09
01307 Dresden

or [email protected]