AMPL Community Edition Terms & Conditions
Last updated: October 24, 2021
Welcome to AMPL!
This End-User License Agreement (“Agreement”) describes the terms and conditions that apply to your use of the AMPL Community Edition, a software application licensed, not sold, to you by us.
If you do not understand any of the terms of this Agreement, please contact us before using the AMPL Community Edition. By clicking the “I Agree” button, downloading or using the AMPL Community Edition, you are agreeing to be bound by the terms and conditions of this Agreement.
You may not access or use the AMPL Community Edition unless you agree to abide by all of the terms and conditions in this Agreement.
“You”, “your” or “user” 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.
“AMPL Optimization”, “us”, “we” or “our” refers to AMPL Optimization, Inc., an American private company incorporated in the state of California with official corporate address at 211 Hope Street #339, Mountain View, CA 94041, USA.
“Application” means the software program provided by us, downloaded by you, named AMPL Community Edition.
Scope of License
We grant 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 AMPL Community Edition license that is granted to you by us is permitted to be used for your commercial, academic, research and personal purposes, strictly in accordance with the terms of this Agreement.
Your AMPL Community Edition license is allowed to be run only by you, across any number of simultaneous processes, on any number of aggregate threads, on any machine or virtual or cloud infrastructure that you own or lease. Sharing your license credentials such as to permit someone other than you to access your AMPL Community Edition license is expressly disallowed.
You agree not to, and you will not permit others to:
a) Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
b) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AMPL Optimization or its affiliates, partners, suppliers or the licensors of the Application.
3. Data Collection
AMPL Community Edition sends logs to us containing the following data, logged for reach solve you do:
- your IP address
- your license unique identifier (“License ID”)
- the time your solve was executed
- the time AMPL and the solver took to complete your solve
- the solver used (e.g. “CBC”, “IPOPT”, etc.)
- the size of your problem matrix (i.e. the number of variables and constraints)
- whether your problem is linear or nonlinear
- identifying characteristics unique to your machine hardware
AMPL Community Edition does not log or send us:
- your model
- your data
4. Open Source Solvers
As a convenience to you, we provide 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. We can stop making these open source solvers available to you at any time. These open source solvers are not part of AMPL software, and no part of the AMPL software is derived from or based on these – AMPL is not a solver.
5. Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, service marks, trade secrets and other intellectual property rights and other proprietary rights are, and shall remain, the sole and exclusive property of AMPL Optimization, or its licensors, whether or not specifically recognized or perfected under local applicable law.
We 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 we are required to provide indemnification by applicable law,
we 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.
You will not take any action that jeopardizes AMPL’s or its licensors’ proprietary rights or acquire any right in the Application, except the limited use rights specified above. AMPL or its licensors will own all rights in any copy, translation, modification, adaptation or derivation of the Application, including any improvement or development thereof.
6. Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by you to us with respect to the Application shall remain the sole and exclusive property of AMPL Optimization.
We shall be free to use the suggestions for any purpose and in any way without any credit or any compensation to you.
7. Modifications to the Application
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to the Application
We 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.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that AMPL Optimization has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
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.
Maintenance and Support
We may but are are not obliged to provide any maintenance or support for the download and use of the Application.
9. Term and Termination
This Agreement shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from us, 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 machine(s) and/or virtual or cloud infrastructure.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your machine(s) and/or virtual or cloud infrastructure.
Termination of this Agreement will not limit any of our 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.
10. 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, we, on our own behalf and on behalf of our affiliates and our and their respective licensors and service providers, expressly disclaim 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, we provide no warranty or undertaking, and make 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 AMPL Optimization nor any of our 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 us 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, we shall be solely responsible for such warranty.
You agree to indemnify and hold AMPL Optimization and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; or (b) violation of this Agreement or any law or regulation.
12. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of AMPL Optimization and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited 100 USD.
To the maximum extent permitted by applicable law, in no event shall we or our 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 we 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.
13. Severability and Waiver
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.
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.
14. Product Claims
We do not make any warranties concerning the Application.
15. 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, sanctioned or restricted parties.
You acknowledge that the Application and all related technical information, documents and materials, might be subject to export controls. You shall comply with all export controls.
16. Changes to this Agreement
We reserve the right, at our 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 our sole discretion.
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.
17. Governing Law
The laws of the United States and the State of California 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.
18. Entire Agreement
The Agreement constitutes the entire agreement between you and us regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and us.
You may be subject to additional terms and conditions that apply when you use or purchase other of our products an /or services, which we will provide to you at the time of such use or purchase.
19. Contact Us
If you have any questions about this Agreement, you can contact us:
By email: email@example.com
By phone number: 617.955.3430