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AMPL Terms and End-User License Agreement ("Agreement")

Last updated: August 10, 2023

Please read this Agreement carefully before downloading or using AMPL.

1. INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
  • Application means the software programs provided by the Company downloaded by You to a Hardware Environment, such as AMPL and solvers.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AMPL Optimization, Inc., 211 Hope Street #339, Mountain View, CA 94041.
  • Country refers to: California, United States
  • Hardware Environment means any device that can access the Application such as a computer, network of computers, container, virtual machine or function endpoint.
  • You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

2. ACKNOWLEDGMENT

By downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or use the Application. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

3. LICENSE

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. The license that is granted to You by the Company is solely for purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and You will not permit others to:

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application, or circumvent the time limitation mechanisms in the Application where such might exist.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Commercial-prototyping: Under the ‘commercial prototyping terms,’ only individuals using personal accounts (excluding bot accounts) are allowed to prototype with AMPL, specifically for integrating with production systems via AMPL’s APIs. While you’re allowed to input real data into AMPL and deploy it on production systems for prototyping, results derived from the AMPL Community Edition license cannot be employed to enhance business operations, boost revenue, decrease costs, or be sold to clients. Essentially, no commercial advantages can be realized from the AMPL Community Edition license. This includes the validation of results from existing commercial systems. In other words, using an AMPL Community Edition license to verify results from your current commercial setups is not permitted. The good news is, the AMPL Community Edition license does not expire and can be employed across multiple test and prototype projects by the same user.


Personal accounts
: The term ‘personal accounts’ refers to accounts created by real, living individuals. During registration on the portal, the identity of the individual must be clearly and accurately provided. Sharing AMPL’s free licenses is strictly prohibited. Each free license is uniquely tied to an individual and can only be used by the person whose information is registered on the portal. Furthermore, each individual is limited to a single Community Edition license; creating multiple accounts under different aliases is not allowed.

Free Licenses:

“AMPL Demo” – limited to 500 variables/constraints for linear problems and 200 variables/constraints for nonlinear problems.

  • Duration: does not expire.
  • Permitted Use: Evaluative, Educational and Non-Commercial use only.
  • Licence Mechanisms: No license mechanism required.

“AMPL Student Trial”

  • Duration: 30 Days.
  • Permitted Use: Evaluative use only.
  • Licence Mechanisms: Static Fingerprint License Mechanism.

“AMPL for Academics Trial”

  • Duration: 30 Days.
  • Permitted Use: Evaluative use only.
  • Licence Mechanisms: Static Fingerprint License Mechanism only.

“AMPL for Enterprise Trial”

  • Duration: 30 Days.
  • Permitted Use: Evaluative use only.
  • Licence Mechanisms: Static Fingerprint License Mechanism or Cloud-Based Telemetric License Mechanism.

“AMPL for Consultants”

  • Duration: Does not expire, however Your status as a Consultant is verified by Company before license is granted and annually thereafter.
  • Permitted Use: Non-Commercial, Educational and Commercial use.
  • Licence Mechanisms: Cloud-Based Telemetric License Mechanism only.

“AMPL for Non-Profits”

  • Duration: Does not expire, however Your status as a Non-Profit is verified by Company before license is granted and annually thereafter.
  • Permitted Use: Educational and Non-Commercial use only.
  • Licence Mechanisms: Cloud-Based Telemetric License Mechanism only.

“AMPL for Courses”

  • Duration: 6 Months.
  • Permitted Use: Educational use only.
  • Licence Mechanisms: Static Fingerprint License Mechanism only.

“AMPL Community Edition”

  • Duration: Does not expire.
  • Permitted Use: Educational, Non-Commercial and Commercial-Prototyping use.
  • Licence Mechanisms: Cloud-Based Telemetric License Mechanism only.

Paid Licenses:

“AMPL for Academics”

  • Contract Types: “Annual Subscription” and “Purchase with optional Annual Maintenance”.
  • Permitted Use: Educational and Non-Commercial use only.
  • Licence Mechanisms: Static Fingerprint License Mechanism.
  • Available Variants: Single-Machine (can be run by any number of users in any number of simultaneous processes, on one designated machine), and Floating (one concurrent process can run on any of a pool of pre-installed machines).

“AMPL for Enterprise” (also known as “AMPL”)

  • Contract Types: “Annual Subscription” and “Purchase with optional Annual Maintenance”.
  • Permitted Use: Educational, Non-Commercial and Commercial use.
  • Licence Mechanisms: Static Fingerprint License Mechanism or Cloud-Based Telemetric License Mechanism.
  • Available Variants: Single-User (a single named user can run unlimited AMPL sessions on one machine), Single-Session (one concurrent process can run on any of a pool of machines) and Multi-Session (Unlimited users, processes and sessions).

4. LICENSE PROTECTION MECHANISMS

The Company offers three separate technologies for authenticating the validity of license deployments:

Cloud-Based Telemetric License Mechanism

This is the Company’s newest and most widely used license mechanism, and the default mechanism for most license types. This mechanism enables You to move Your license(s) from machine to machine, and to inspect your usage statistics and logs, at portal.ampl.com.

This mechanism periodically sends the Company’s global license servers the following information:

  • the sending machine’s IP address
  • the sending machine’s MAC address
  • Your license’s Universally Unique Identifier (UUID)
  • the make and model of your CPU
  • the number of CPU cores on the underlying machine
  • the number of CPU threads available (e.g., Docker containers may be running restricted to a subset of CPU threads)
  • the hostname of the underlying machine

For AMPL Community Edition licenses only, the following information is also logged for each solve executed, and periodically sent to the Company’s global license servers:

  • the time the solve was executed
  • the time AMPL and the solver took to complete the solve
  • the solver used (e.g. “CBC”, “IPOPT”, etc.)
  • the size of the problem matrix (i.e. the number of variables and constraints) sent to the solver
  • whether the problem is linear or nonlinear

By gathering this additional information the Company attempts to better understand the type and size of problems that users make, and to which solvers these are typically sent, and how long these solvers take to solve them. This information can help the Company produce better technical documentation and tutorial content, and prioritize creation of such content for solvers and problem types that appear more regularly than others.   

For all licenses, the mechanism never logs or sends Your actual model code or model data.

For more detailed technical documentation about the Cloud-Based Telemetric License Mechanism, see our docs at https://dev.ampl.com/faq.html#how-do-cloud-licenses-work.

Static Fingerprint License Mechanism

The use of this mechanism involves You manually executing a fingerprint program in your Hardware Environment. This creates an encrypted string of text which you then send, typically by email, to the Company. This string includes the following information about the machine on which the fingerprint program was executed:

  • The machine’s MAC addresses
  • The machine’s hostname
  • The machine’s C-label (only on machines running the Windows operating system)
After receiving your text string (the “fingerprint”) the Company creates and sends you a license file to place into your Application folder. The presence of this license file enables Your license credentials for all new Application sessions.

The use of this mechanism results in a license deployment that is “static“, meaning that it is locked to and intended for use on only the machine on which the fingerprint was created. Circumventing or attempting to circumvent the mechanism so as to enable the use of the license on other machines is a breach of this Agreement. A license using this mechanism can only be moved to another machine via the manual creation and sending to the Company of a new fingerprint for the intended machine, as described above.

Use of the Static Fingerprint License Mechanism has serious implications for “Purchased” licenses whose Maintenance Contracts have lapsed. Where Your “Purchased” license(s) are more than one year old, and where You have chosen not to purchase a Maintenance Contract as described in Section 9 below, or where such a Maintenance Contract has lapsed, the Company will not return a new license file in response to Your sending of a new fingerprint to the Company. This results in Your license being locked to the machine it is currently on and unmovable to another machine unless a new Maintenance Contract is purchased. This implication does not apply to licenses acquired as Subscriptions (because portability support is included for the duration of a Subscription).
 
For more detailed technical documentation about the Static Fingerprint License Mechanism, see our docs at https://dev.ampl.com/help/get-fingerprint.html?highlight=fingerprint.

5. OPEN SOURCE SOLVERS

As a convenience to You, the Company provides You with access to open source software. Your use of these is subject to each open source solver’s contractual terms referenced in or accompanying the solver. The Company can stop making these open source solvers available to You at any time. These open source solvers are not part of AMPL, and no part of the AMPL is derived from or based on these. AMPL is not a solver.

6. INTELLECTUAL PROPERTY

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

7. YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

8. MODIFICATIONS AND UPDATES

The Company reserves the right to modify the Application or any service to which it connects, with or without notice and without liability to You.

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. You agree that the Company has no obligation to provide any Updates. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Any Updates will not include any upgrade or new version of the Application that the Company decides, in its sole discretion, to make generally available as a separately priced item. The Company is not required to develop and/or release enhancements or customizations to satisfy Your particular requirements.

9. MAINTENANCE AND SUPPORT

For free licenses:

The Company is not obliged to provide any maintenance or support for the download and use of the Application for free licenses.

For paid licenses:

The Company provides maintenance and support for the download and use of the Application for the duration of all paid Subscriptions, and for the first year following payment for a “Purchased” license of the Application. 

For “Purchased” licenses, after the first year following payment has ended, You are able but not obliged to purchase, for currently 20% of the then current “Purchase” price of the relevant Application license, a one year Maintenance Contract, which offers the following benefits:

  • Free Updates of the Application through major and minor releases provided by the Company
  • The ability to move Static licenses from machine to machine.
  • Advice on the installation and operation of the Application on Your Hardware Environment
  • Priority assistance with bugs or other technical issues arising in Your usage of the Application

AMPL will offer the Support remotely by electronic communication during its normal business hours. AMPL may offer consulting on formulation and other aspects of modeling to Customer at additional charges to be agreed to by the parties. Following the Warranty Period, Customer may renew the License Maintenance Contract on an annual basis at an annual rate of 20% of the then-current License Fee for all Product in use by the Customer (the “Maintenance Fee”), which Maintenance Fee shall be due prior to the delivery of any Support following the Warranty Period. In the event Customer allows the License Maintenance Contract to lapse, Customer shall be allowed to reinstate the License Maintenance Contract upon payment of 50% (60% for CPLEX) of the then-current License Fee for all Product in use by the Customer (the “Maintenance Reinstatement Fee”). The License Maintenance Contract must cover all of Customer’s AMPL licenses in use.

To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

10. PRIVACY POLICY

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy at https://ampl.com/privacy-policy/.

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

11. RIGHT TO DENY USE OF LICENSE AND RIGHT TO AUDIT

For free licenses:

The Company may at its sole discretion deny You the use of free license(s) of the Application. 

For paid licenses:

The Company may at its sole discretion audit Your deployment infrastructure to ensure compliance with this Agreement upon at least 10 business days’ notice. Notwithstanding the foregoing, You agree that the Company may conduct an audit at any time in the event of (i) audits required by the Company’s governmental or regulatory authorities, (ii) investigations of claims of misappropriation, fraud, or business irregularities of a potentially criminal nature, or (iii) if the Company reasonably believes that an audit is necessary to address a material breach of Agreement. In the event that evidence for a material breach of Agreement is found in the course of an Audit, the Company may deny You the use of the Application. 

12. TERM AND TERMINATION

This Agreement shall be in effect from when you first download the Application until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. Where no such notice is given by the Company, the Agreement shall terminate on the expiration date of the license provided by the Company to You. The Grant of License under this agreement shall expire upon expiration of the Term.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Hardware Environment(s).

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Hardware Environment.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

13. INDEMNIFICATION

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

14. NO WARRANTIES

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

15. LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

16. SEVERABILITY AND WAIVER

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

17. PRODUCT CLAIMS

The Company does not make any warranties concerning the Application.

18. UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

19. CHANGES TO THIS AGREEMENT

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

20. GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

21. ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

22. CONTACT US

If you have any questions about this Agreement, You can contact Us: