AMPL Optimization LLC 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 LLC, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT.
- AMPL Optimization LLC, a New Jersey Limited Liability Company,
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 LLC 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 LLC may require you to review and agree to further
licensing/use terms and conditions stipulated by such third parties
and/or AMPL Optimization LLC. AMPL Optimization LLC has no control over
and makes no representations regarding any such licensing/use terms
and conditions provided by any third parties.
- AMPL Optimization LLC 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 LLC may terminate this Agreement,
effective immediately, if notified of violations, or if in AMPL Optimization
LLC's sole judgement, 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 LLC by sending an
electronic mail message to David M. Gay at
"dmg@ampl.com".
- Without express written advance authorization from AMPL Optimization LLC
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 LLC's name or refer to AMPL Optimization LLC
directly or indirectly in any way whatsoever without the prior written
approval of AMPL Optimization LLC.
- 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 LLC
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 LLC 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 LLC 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 LLC on the Network Server
shall remain in AMPL Optimization LLC. This Agreement gives you no
right, except as specifically set forth herein, in any such
content.
- AMPL Optimization LLC 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 LLC 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.
- AMPL Optimization LLC 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 LLC shall be
of a non-confidential nature. Further, you grant AMPL Optimization LLC
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 LLC 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 New York, 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 below, 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 LLC and you.
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