Academic Addendum
This is an Addendum to the COMSOL Software License Agreement (the “Agreement”), and the Terms and Conditions of this Addendum are incorporated therein. Each capitalized term used but not defined herein shall have the meaning ascribed to it in the Agreement.
Programs licensed to Institutions at Academic Prices are subject to separate license provisions and are further restricted to use in connection with on-campus computing facilities that are used solely in support of classroom instruction and research activities of the Institution’s students and faculty. The right to use the Programs licensed at Academic Prices for commercial, governmental, or contract work purposes is expressly prohibited. Academic Prices are offered by us at our sole discretion and we reserve the right to verify and review eligibility from time to time. Distribution of Applications produced pursuant to Section 3 of this Agreement, including for profit, shall not be considered commercial usage provided that such Applications are made in accordance with this Academic Addendum and not pursuant to any contractual obligation.
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General Scope. In addition to the Terms and Conditions in the Agreement, the provisions of this Academic Addendum apply to each Program licensed under the Agreement at Academic Prices only to Institutions for NSL, CPU, FNL, CKL, and ASL versions of the Programs, as defined below.
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Academic Internal Operations. The NSL, CPU, and FNL versions of the Programs purchased at Academic Prices give the Licensee the right to use the software in Academic research as well as teaching at the licensed Institution. Moreover, a student working on a thesis or a diploma has the right to use an NSL, CPU, or FNL License purchased at Academic Prices outside the Institution as long as the usage is restricted to the thesis or the diploma work. If there is a conflict between the terms in this Addendum and the Agreement, the Addendum provisions shall control.
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Class Kit Option. The CKL version of the Programs may be installed and used by up to 30 students and teachers for the sole purpose of teaching in an ordinary course, which may be in-person or remote, provided (i) use of the Programs is restricted to (a) instructional purposes of the course by enrolled students meeting classroom requirements for courses offered by the Institution and by teachers of such courses, (b) homework for such a course, and (c) teacher preparation for such a course; (ii) all nonclassroom use is limited to a single designated individually-owned computer for each such student or teacher during the period of the academic year when the applicable class is in session and solely for class purposes; (iii) when a student is not enrolled in the applicable class or the class ends, the student must remove all copies of the Programs from his or her computer; (iv) the Programs may not be used for cluster computing; and (v) the network installation and use requirements of Section 5 of the Academic Addendum are followed. Notwithstanding the foregoing, any use of the CKL version of the Programs for academic research, whether as part of a course or otherwise, is expressly prohibited, and any use of the CKL version of the Programs not expressly allowed in this Section is prohibited. The CKL does not include the Model Manager feature of the Programs.
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Academic Server License.
a
The ASL version of the Programs may be installed on an individual computer or in a central location on a single dedicated network server or on the server of a third party providing secure remote computing capacity through which the Programs are made accessible for academic use permitted under this Agreement. Log-in credentials may not be shared among authorized users of the ASL version of the Programs. You may use the ASL version of the Programs to perform cluster computing. With respect to a network installation, the Programs may also be installed on individual computers, as long as the individual installations are controlled by the license manager on the network server. Any transfer of the license manager for the Programs from one computer to another shall be conditioned upon proof to our satisfaction that the license manager was uninstalled from the first computer. The ASL license permits you to use the Programs for the sole purpose of hosting and running Applications for academic use. Your use of Applications must comply with all restrictions on Applications set forth in Section 3 of this Agreement and with any terms and conditions specified by the publisher of each Application. Unless expressly stated otherwise in the Academic Addendum, the ASL version of the Programs shall be subject to all restrictions applicable to the CSL version of the Programs.
b
You may have up to 300 concurrent users for an ASL installation. In no event may any authorized concurrent user use the ASL version of the Programs to run more than 4 Applications at any given time. The ASL version of the Programs may be installed, accessed, and used worldwide, including remotely, subject to the terms and conditions of this Agreement, including, without limitation, compliance with the restrictions set forth in Section 4, but you must reside in the same territory in which the ASL license was sold. Authorized users of the ASL version of the Programs include students, faculty, and staff of your institution and of any other academic institution, regardless of their location of access, subject to the following:
(i) You must require each sublicensee to accept this Agreement.
(ii) You shall not take any steps to disable or interfere in any way with the automatic delivery of this Agreement to authorized users to whom you provide access to the Programs.
(iii) Any terms and conditions set by you or others for the use of Applications you make available for use in conjunction with the Programs shall not alter, amend, conflict with, or purport to terminate this Agreement.
(iv) When referring to trademarks of ours or of any third party in connection with opening an installation of the ASL version of the Programs to use by students, faculty, or staff of other institutions, you must comply with the then-current version of our trademark guidelines, www.comsol.com/trademarks.
(v) You shall not authorize use of the ASL version of the Programs other than to host and run Applications that you or your sublicensee is authorized to run.
(vi) If you use the ASL version of the Programs to call any third party software, your use of that third party software must comply with all terms and conditions of the license agreement that gives you the right to use such third party software, including, without limitation, any restrictions on how such third party software may be called.
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Academic Networked Installation and Use. Except with respect to license files and passcodes for individual computers of CKL student users pursuant to Section 3 of this Academic Addendum, the FNL and CKL versions of the Programs may only be used on a network that is restricted to solely on-campus use, provided, however, that users of the FNL and CKL versions of the Programs may access and use such Programs via an encrypted connection providing secure remote access, such as Virtual Private Network or Remote Desktop Protocol (using Network Level Authentication and using encryption), solely for the purposes permitted by this Academic Addendum. Notwithstanding the foregoing, nothing in this Section shall prohibit the installation of the FNL version of the Programs, in accordance with Section 2(h)(iii) of the Agreement, or of the CKL version of the Programs on the server of a third party providing secure remote computing capacity. Furthermore, the NSL version of the Programs licensed at academic prices may be accessed and used remotely for academic purposes and subject to the restrictions on remote access to, and use of, NSL licenses sold at commercial prices.
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Class Kit Limited Rights. By selecting the CKL, the Institution and any users of the CKL agree to the Terms and Conditions of the Agreement and this Academic Addendum for use of the CKL for the academic use set forth in Section 3 of this Academic Addendum. The Institution is responsible for ensuring that the total number of students and teachers for each Program in the CKL does not exceed 30. The Institution shall also be responsible for, and shall assign a central administrator the task of, accurately counting, controlling, and administering the use of the CKL, including without limitation, restricting its use to on-campus computing facilities, except as set forth in Section 5 of this Academic Addendum, and limiting its use to the academic use set forth in Section 3 of this Academic Addendum.
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Academic Server License Limited Rights. By selecting the ASL, the Institution and any users of the ASL agree to the Terms and Conditions of the Agreement and this Academic Addendum for use of the ASL for the academic use set forth in Section 4 of this Academic Addendum. The Institution is responsible for ensuring that the total number of authorized concurrent users of each Program in the ASL does not exceed 300. The Institution shall also be responsible for, and shall assign a central administrator the task of, accurately counting, controlling, and administering the use of the ASL, including without limitation, limiting its use to the academic use set forth in Section 4 of this Academic Addendum.
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Support. Support requests for the CKL shall be made by the teachers or the central administrator of the CKL. Support requests for the ASL shall be made by the central administrator of the ASL. Support cases for licenses purchased at academic prices are not eligible for treatment pursuant to Section 2(o) of the Agreement.