AMPL Terms and End-User License Agreement ("Agreement")
Last updated: August 10, 2023
Please read this Agreement carefully before downloading or using AMPL.
Please read this Agreement carefully before downloading or using AMPL.
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.
For the purposes of this End-User License Agreement:
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.
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.
You agree not to, and You will not permit others to:
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.
“AMPL Demo” – limited to 500 variables/constraints for linear problems and 200 variables/constraints for nonlinear problems.
“AMPL Student Trial”
“AMPL for Academics Trial”
“AMPL for Enterprise Trial”
“AMPL for Consultants”
“AMPL for Non-Profits”
“AMPL for Courses”
“AMPL Community Edition”
“AMPL for Academics”
“AMPL for Enterprise” (also known as “AMPL”)
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:
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:
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
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.
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.
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.
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.
The Company is not obliged to provide any maintenance or support for the download and use of the Application for free 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:
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.
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.
The Company may at its sole discretion deny You the use of free license(s) of the Application.
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.
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.
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.
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.
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.
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.
The Company does not make any warranties concerning the Application.
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.
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.
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.
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.
If you have any questions about this Agreement, You can contact Us: