TERMS AND CONDITIONS

License

These terms and conditions (“Agreement”) are a legal agreement between you (or company or organization) recognized as “User” and Aqwam Harish Aiman recognised as “Licensor” for the use of DataPredict Library (or formerly known as Aqwam’s Machine and Deep Learning Library) (“Library”) within this terms and conditions. By using or possessing the Library, User, agrees to be bound by the terms of this Agreement.

Commercial Use Conditions

  • The Library can be utilized for both internal and external commercial purposes under the condition that all source codes, data, arts, models, videos, audios, musics or any other assets that interacts with the Library, whether directly or indirectly, must be released and distributed to the public under the MIT license for all versions permanently and immediately. It also must be placed in areas that are approved by the Licensor. While waiting for the approval from the licensor, User must place them in areas that are commonly viewed by the general public.

  • The User is not allowed to remove User’s distributed codes that was released under MIT license due to the commercial usage of this Library from the public without Licensor’s permission.

  • The term “commercial use” encompasses all forms of utilization and application, including integration, storing and hosting from another computer, server or machine.

  • Failure to comply with this condition will make the User liable for damages due to non-compliance with the terms above, and the User must pay monetary compensation. No other forms of compensation will be accepted.

  • The MIT license can be viewed here: https://opensource.org/license/mit.

Prohibited Actions

User shall not:

  • Sell, resell, distribute, sublicense, or otherwise transfer the Library, in whole or in part, to any third party, whether for profit or not;

  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Library;

  • Remove or alter any copyright, trademark, or other proprietary notices or labels contained in the Library;

  • Copyright, trademark, or patent any icons contained in the Library, either individually or as a collection;

  • Include the icons from the Library in projects that do not utilize the Library;

  • Use the Library for cheat/exploit development, use, distribution, or any activities falling within that category, unless explicitly approved by the person/company/organization that owns the target computer/server/machine;

  • Use the Library for anti-cheat or anti-exploit evasion purposes, or engage in any actions intended to circumvent security measures, unless explicitly approved by the person/company/organization that owns the target computer/server/machine;

  • Use the codes, content, or any part of the Library as a dataset, input for artificial intelligence, or for any similar purpose aiming to derive new data, content, or applications;

  • Use the Library in any manner that violates any applicable laws or regulations.

  • Should the User violates the prohibited actions as stated above, the User must pay monetary compensation. No other forms of compensation will be accepted.

Liability

The Library is provided “AS IS” and without warranty of any kind. Licensor shall not be liable for any damages or losses, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of the use or inability to use the Library.

Ownership and Credit

  • User acknowledges that Licensor owns all rights, title, and interest in and to the Library, and User shall not claim ownership of the Library or any part thereof. User shall attribute to the Licensor in all publications or presentations that uses the Library. The attributions must be placed in areas that are commonly viewed by the general public. The attributions must also include one of the combinations of materials as stated below:

    • The Library’s icon and the Library’s name.

    • The Library’s name and the Library’s source.

    • The Library’s icon and the Library’s source.

    • The Licensor’s full name and the Library’s source.

    • The Licensor’s full name and the Library’s name.

  • If the User remove the attributions without the Licensor’s permission, User shall pay User shall pay compensatory damages to the Licensor based on a percentage of commercial value generated by them and losses to Licensor as a result from not displaying the attributions. Only the monetary forms of compensation will be accepted.

Removal of Credit

  • If the User wish to remove the credits or source information from the User’s publication or presentation that uses the Library, the User shall seek the Licensor’s confirmation that the Library have been removed but may subject to commercial agreement.

  • Once the Licensor have agreed that the Library have been removed, the User may remove the credits or source information in all publications or presentations that uses the Library.

Compensatory Damages for Cheating and Exploiting, Cheat and Exploit Distribution, Anti-Cheat and Anti-Exploit Evasion, Anti-Cheat and Anti-Exploit Evasion Distribution

In the event that the User uses the Library for cheating and exploiting, cheat and exploit development, cheat and exploit distribution, anti-cheat and anti-exploit evasion, or anti-cheat and anti-exploit evasion distribution, and such actions result in damages to the Licensor, the User shall be liable for compensatory damages. These damages may include, but are not limited to, the following:

  • Loss of Revenue: The User shall be responsible for compensating the Licensor for any loss of revenue incurred due to cheating and exploiting, cheat and exploit distribution, anti-cheat and anti-exploit evasion, or anti-cheat and anti-exploit evasion distribution activities.

  • Profits Derived: The User shall be liable to surrender any profits derived directly or indirectly from cheating and exploiting, cheat and exploit distribution, anti-cheat and anti-exploit evasion, or anti-cheat and anti-exploit evasion distribution, and these profits shall be awarded to the Licensor.

  • Legal Costs: The User shall bear the costs associated with any legal actions, including but not limited to attorney’s fees and court costs, initiated by the Licensor to address the cheating and exploiting, cheat and exploit distribution, anti-cheat and anti-exploit evasion, or anti-cheat and anti-exploit evasion distribution activities.

  • Reputation Damage: If the cheating and exploiting, cheat and exploit distribution, anti-cheat and anti-exploit evasion, or anti-cheat and anti-exploit evasion distribution activities result in damage to the reputation of the Licensor or the Library, the User shall be liable for compensating them for any harm to their reputation.

  • Mitigation Costs: The User shall cover the costs incurred by the Licensor in their efforts to mitigate and prevent the effects of cheating and exploiting, cheat and exploit distribution, anti-cheat and anti-exploit evasion, or anti-cheat and anti-exploit evasion distribution.

The determination of compensatory damages shall be made by a court of competent jurisdiction, and the User shall be legally bound to fulfill their obligations regarding such damages. The User understands that the Licensor reserves the right to pursue any available legal remedies to enforce these compensatory damages. Only the monetary forms of compensation will be accepted.

Waiver of Confidentiality Rights

User acknowledges and agrees that, in the event Licensor suspects a violation of this Agreement, particularly in cases where the Library is commercially used without conforming to the commercial use conditions, the User hereby waives all rights to keep the codes that uses the Library confidential. This waiver includes but is not limited to any obligation to maintain confidentiality regarding the Library and its usage, even in relation to the User’s clients. In such instances, the User shall not assert any right to confidentiality with respect to the Library, and the User shall fully cooperate with Licensor in any legal proceedings, including the revelation of the code without prior notice. This provision is essential to protect the intellectual property and commercial interests of the Licensor. Should the client possesses or uses the library without valid commercial agreement with the Licensor, they shall be held liable as well regardless if the client is aware of it or not. Only the monetary forms of compensation will be accepted.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of a jurisdiction selected at the sole discretion of the Licensor. In the absence of a choice by the Licensor, the laws of Malaysia shall apply.

Changes to Terms and Conditions

Licensor reserve the right to change these terms and conditions at any time, without prior notice. User continued use of the software library after such changes will constitute User’s acceptance of the new terms and conditions.

Termination

  • Licensor may terminate this Agreement at any time if User breaches any provision of this Agreement. Upon termination, User shall immediately cease all use of the Library and destroy all copies of the Library in its possession.

  • Upon the event of a modification or update to this Agreement, it shall hereby render the previous iteration of this Agreement null and void, with the authority to do so exercised without prior notice. The terms and stipulations articulated within the revised Agreement shall instantaneously supersede any antecedent agreements. The User is thereby mandated to promptly adhere to the conditions delineated within the updated license. Failure to comply shall warrant termination in accordance with the provisions detailed above.

No Waiver

No waiver by Licensor of any breach of this Agreement by Licensee shall be considered as a waiver of any subsequent breach of the same or any other provision.

Entire Agreement

This Agreement constitutes the entire agreement between User and Licensor with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between User and Licensor.

In the event that any provision within this Agreement is found to be invalid, illegal, or unenforceable under any applicable law or by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable, preserving the intentions of the parties to the maximum extent possible.

By using or possessing the Library, User agrees to be bound by the terms of this Agreement. If User does not agree to the terms of this Agreement, User shall not use or possess the Library.