Free AMPL ‘Graduate License’ Software Terms and Conditions

Last updated: October 24, 2021

This Privacy Policy includes important information about your personal data and we encourage you to read it carefully.

1.

CERTIFICATION OF GRADUATE STATUS. USER CERTIFIES THAT USER GRADUATED WITH A DEGREE (BACCALAUREATE, MASTER’S OR PHD) WITHIN THE TWELVE MONTHS PRIOR TO THE LICENSE GRANT DESCRIBED HEREIN.

2. GRANT OF LICENSE.

During the Term, AMPL Optimization Inc. (“Company”) hereby grants to User a revocable, nonexclusive, non-transferable, limited license solely for User: (a) to evaluate the Products; or (b) to use the Products for personal use and/or commercial purposes subject to the Terms and Conditions specified herein. User shall not; (c) distribute or permit any third party to access or use the Products; or (d) decompile, modify, disassemble, or reverse engineer the Software, or circumvent the time limitation mechanisms in the Software. “Products” means the object-code version of the computer programs (“Software”) and any related documentation provided by Company to User.

3. OWNERSHIP.

Company and its licensors retain all title to and ownership rights in the Products and Confidential Information including, without limitation, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights. Except as expressly provided for herein, no other rights to the Products are provided or granted hereunder.

4. TERM AND TERMINATION.

The “Term” shall be from the date that Company provides to User the software license, until the date User receives notice of termination of this Agreement from Company in Company’s sole discretion or, if no such notice is given, the earlier of: (a) the expiration date included in the license file provided by Company to User (“Initial Period”); or (b) one year from the date that Company provides to User the software license. The Grant of License under this agreement shall expire upon expiration of the Term, but the provisions of Sections 2, 3, 4, and 5 shall survive the expiration or termination of this Agreement.

5.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE PRODUCTS ARE PROVIDED “AS IS”. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER COMPANY NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL, OR DAMAGES FOR LOST PROFITS.

6. MISCELLANEOUS.

The laws of the State of California, United States of America, shall govern this Agreement. Any suit or proceeding relating to this Agreement shall be brought only in Santa Clara County, California. This Agreement constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements. This Agreement may not be assigned or modified without the express written consent of Company. Further information on the Products is available by viewing www.ampl.com or by contacting Company at info@ampl.com.