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AMPL Optimization Inc. Network Server and Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ATTEMPTING TO USE THE “Try AMPL!” NETWORK SERVICE. BY USING THIS NETWORK SERVICE OF AMPL OPTIMIZATION INC., YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

AMPL Optimization Inc., a California corporation, has established a non-commercial public access Network Server connection to the Internet (hereinafter “the Network Server”).The Network Server will allow you (i.e., a user or remote client) to send data to the Network Server which will then cause the execution of software program(s) (hereinafter “the Programs”) on the Network Server and return the computed results to you. The Network Server contains a wide variety of information, Programs and related software to facilitate the various features of network server access. As such, the Network Server contains so-called “hot links” that allow you to access and directly engage other relevant Web page(s) of a third party. Please be advised that AMPL Optimization Inc. has no control over the information that you may access and/or receive through such hot links, which are provided as a matter of convenience and general interest. Therefore, the inclusion of such hot links constitutes neither an endorsement nor a recommendation of the information provided via access to the associated Web page(s). Further, access to information, Programs and/or related software on the third party Web page(s) and/or that of AMPL Optimization Inc. may require you to review and agree to further licensing/use terms and conditions stipulated by such third parties and/or AMPL Optimization Inc. AMPL Optimization Inc. has no control over and makes no representations regarding any such licensing/use terms and conditions provided by any third parties.

AMPL Optimization Inc. is not responsible in any way for (i) the accuracy, completeness, performance, timeliness, reliability, content, upgrades, or availability of any information, Programs and/or software received by you as a result of your use of the Network Server, including, but not limited to, your use of the hot links; (ii) loss or damage to your records, data, hardware, software, networks, and the like resulting from your use of the Network Server; or (iii) your use of, or results obtained from, any information, Programs and/or software received by you as a result of your use of the Network Server.

You will establish your own commercial access to the Network Server at your own expense. You shall be solely responsible for ensuring that your use of this connection complies with all applicable laws and regulations, and does not violate any obligations or rights of third parties. AMPL Optimization Inc. may terminate this Agreement, effective immediately, if notified of violations, or if in AMPL Optimization Inc.’s sole judgment, continued use of the Network Server by you would be in violation of any laws, regulations or applicable policies including, but not limited to, policies of any Internet access providers.

Availability and connectivity to the Network Server is subject to scheduled maintenance, emergency maintenance, power failure, emergency shutdown and other unanticipated conditions.

You agree not to take, create, cause or otherwise trigger any “Harmful Actions” against the Network Server. For the purposes of this agreement, “Harmful Actions” are defined as any action which is taken with the intent to damage, interfere, or otherwise affect computer networks, computers, software, programs, data files, or hardware, without the knowledge or consent of the rightful owner, user or provider of such items. Harmful Actions include, but are not limited to, the introduction of self-replicating and self-propagating program instructions into computers commonly referred to as “viruses”, “worms”, “trojan horses”, “logic bombs” and the like. Further, if you discover or reasonably suspect that the Network Server has been subject to any Harmful Action, either caused by you or another party, you shall immediately notify AMPL Optimization Inc. by sending an electronic mail message to AMPL Support Services at “support@ampl.com”.

Without express written advance authorization from AMPL Optimization Inc. or other relevant third parties, you will not copy, distribute, transfer or erase any Programs, software, program code, data or other information from the Network Server. With regard to your use and/or any evaluation of the Network Server, you agree not to use AMPL Optimization Inc.’s name or refer to AMPL Optimization Inc. directly or indirectly in any way whatsoever without the prior written approval of AMPL Optimization Inc.

You are solely responsible for the security of your own connections, networks, software, data, hardware, and other assets used to access the Network Server, and hereby release AMPL Optimization Inc. from any liability associated with your use of the Network Server, including, but not limited to, misappropriation or damage by any user of the Internet or the Network Server of your connections, networks, software, data, hardware, and other assets, regardless of the location of such assets.

AMPL Optimization Inc. grants you a personal, royalty-free, non-exclusive and non-transferable limited right to use the Programs available from the Network Server including those Programs for which AMPL Optimization Inc. has obtained sublicensing rights from the rightful owner for the purposes of this Agreement, subject to the terms and restrictions of this Agreement. The Programs may be used by you for non-commercial, educational, evaluation and/or personal use. “Non-commercial use” means uses that are not or will not result in (a) the sale, lease or rental of the Programs; and/or (b) the use of the Programs or any results received from the execution of the Programs in any commercial product or service. This limited right to use the Programs is granted strictly for the time period and duration of your connection to the Network Server.

You agree not to do or attempt the following (1) reverse assemble, reverse engineer, or decompile the Programs to derive a source code equivalent; (2) permit others to use the Programs; (3) modify or adapt the Programs; (4) merge the Programs into other programs; (5) remove any proprietary notices or labels pertaining to the Programs; or (6) sublicense, rent, lease, or lend all or any portion of the Programs.

The Programs, software and/or information available on the Network Server is be protected by copyright laws and treaties, and title and related rights in the content accessed through the Network Server is the property of the applicable content owner as protected by such laws or treaties. Furthermore, all title, ownership rights and intellectual property rights in any Programs, software and/or information solely owned by AMPL Optimization Inc. on the Network Server shall remain in AMPL Optimization Inc. This Agreement gives you no right, except as specifically set forth herein, in any such content.

AMPL Optimization Inc. has no obligation to support the Network Server and/or any Programs, software or information contained therein. To the extent permitted under applicable law, access to the Network server and all Programs, software or information available to you through the Network Server are provided “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY. AMPL Optimization Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM YOUR USE OF the Network Server. Some States and other jurisdictions do not allow for the exclusion or limitation of implied warranties so the above exclusions or limitations may not apply to you. You may also have other rights which vary from State to State.

You acknowledge that your use of the Network Server and/or the Programs, software or information available on the Network Server may be subject to United States export laws and regulations and you agree not to use the Network Server and/or export, transmit, use, transfer, or distribute any Programs, software or information from the Network Server except in full compliance with the export laws and regulations of the United States of America. /p>

AMPL Optimization Inc. welcomes any feedback, suggestions, modifications, or any reports on bugs or errors (collectively “Feedback”) regarding the Network Server, or the Programs, software or information available thereon. Therefore, you agree that any and all such Feedback you provide to AMPL Optimization Inc. shall be of a non-confidential nature. Further, you grant AMPL Optimization Inc. and its affiliates an irrevocable license under all necessary rights (including, but not limited to, all intellectual property rights) to use, modify, copy, distribute, sublicense, display, perform and prepare derivative works of such Feedback for any purpose without payment or accounting to you of any kind, in perpetuity.

AMPL Optimization Inc. may, at any time without notice, modify, change, move, withdraw, or delete this Network Server and/or this Agreement, in whole or in part.

This agreement and the rights hereunder are personal and may not be assigned or otherwise transferred by you. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

This Agreement sets forth the entire agreement and understanding between the parties pertaining to the subject matter hereof and merges all prior written, electronic or oral discussions between them. This Agreement shall be construed in accordance with and governed by the laws of the State of California, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods.

You further agree and acknowledge that by clicking on the “ACCEPT” button on the “Try AMPL!” webpage, you shall have manifested acceptance to enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an enforceable Agreement between AMPL Optimization Inc. and you.