path: root/LICENSE

                    COMSOL Software License Agreement 6.4

CAREFULLY READ THE TERMS AND CONDITIONS BELOW AND IN ANY APPLICABLE ADDENDUM
(HEREINAFTER, "TERMS AND CONDITIONS") BEFORE INSTALLING OR USING THE PROGRAMS
OR DOCUMENTATION. YOUR RIGHT TO USE ANY PROGRAMS AND DOCUMENTATION IS
CONDITIONED ON ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS AND
CONDITIONS. INSTALLING OR USING THE PROGRAMS MEANS YOU HAVE ACCEPTED THE TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, RETURN THE
PROGRAMS AND RELATED MATERIAL UNUSED TO YOUR VENDOR FOR A REFUND OR CEASE ANY
AND ALL ATTEMPTS TO DOWNLOAD AND INSTALL THE PROGRAMS AND DELETE ANY MATERIAL
DOWNLOADED. ANY THIRD PARTY HIRED TO INSTALL THE PROGRAMS ON BEHALF OF THE
PURCHASER OF A LICENSE THERETO WHO CLICKS HIS/HER ACCEPTANCE OF THESE TERMS
AND CONDITIONS UPON INSTALLATION HEREBY REPRESENTS AND WARRANTS THAT HE/SHE IS
AUTHORIZED BY THE PURCHASER OF THE LICENSE TO ACCEPT SUCH TERMS AND CONDITIONS
ON THE PURCHASER'S BEHALF.

1.  Definitions.  The following words and phrases shall have the definitions
    set forth below throughout this Agreement, regardless of whether or not
    such words or phrases are capitalized:

    a. The term "Academic Prices" shall mean the price for which we sell
    licenses to the Programs to Institutions after applying our educational
    discount for usage of the Programs that meets the requirements of the
    Academic Addendum to this Agreement.

    b. The term "Agreement" shall mean the terms and conditions contained in
    this document, delivered upon installation of the Programs.

    c. The term "Affiliate" shall mean a legal entity having a relationship
    with a second legal entity such that the two entities are under common
    control.

    d. The term "Application" shall mean (i) the output that is produced by
    using the Application Builder feature of the Programs (with or without
    modification using the COMSOL API) or (ii) the output that is produced by
    using the COMSOL API to enable interoperability between a Model and an
    external user interface.

    e. The term "ASL" shall mean an academic server license for the Programs
    having the rights set forth in Section 4 of the Academic Addendum.

    f. The term "CKL" shall mean a class kit license for the Programs having
    the rights set forth in Section 3 of the Academic Addendum.

    g. The term "Compiled Application" shall mean the output produced by using
    the COMSOL Compiler, including the runtime libraries supporting such
    Applications when compiled.

    h. The term "COMSOL API" shall mean the set of commands constituting the
    Programs' application programming interface, which the Programs will
    accept when input from a Java program, from a Visual Basic for
    Applications program with LiveLink™ for Excel®, or from a MATLAB® program
    with LiveLink™ for MATLAB® or LiveLink™ for Simulink®, and which enables
    Model creation or customization of the elements of a Model or Application
    that are exposed for end use and the addition of functionality.

    i. The term "COMSOL Client License Agreement" shall mean the electronic
    end-user license agreement from us that is displayed automatically when
    you install the COMSOL Client software.

    j. The term "COMSOL Runtime License Agreement" shall mean the electronic
    end-user license agreement from us that is displayed automatically the
    first time a user uses a Compiled Application.

    k. The term "COMSOL Server License Agreement" shall mean the electronic
    end-user license agreement from us that is displayed automatically when
    you install COMSOL Server.

    l. The term "Confidential Information" shall mean: (i) with respect
    to our information and information of our suppliers, the Programs,
    together with any other non-public information learned in connection
    therewith that should reasonably be considered confidential under
    the circumstances; (ii) with respect to your information, any and
    all information and files submitted to us through the web page
    https://secure.comsol.com/support/confidential or, in the case of
    items subject to U.S. export control restrictions, to
    us-export-control@us.comsol.com, that derives actual or potential
    economic value from being kept confidential.

    m. The term "Control" shall mean a relationship between one legal entity
    and a second legal entity whereby (a) the first entity owns a majority
    percentage of the voting shares of stock of the second entity, (b) the
    first entity is a shareholder or member of the second entity and has the
    right to appoint or remove a majority of the board of directors of the
    second entity, or (c) the first entity is a shareholder or member of the
    second entity and has the right, pursuant to agreement, to exercise or
    direct the exercise of a majority percentage of the voting rights in the
    second entity.

    n. The term "CPU" shall mean a CPU-locked single user license for the
    Programs having the rights set forth in Section 2(h)(ii).

    o. The term "CSL" shall mean a server license for the Programs having the
    rights set forth in Section 2(h)(iv).

    p. The term "Documentation" shall mean all instruction manuals, user
    guides, operating guides, and other reference materials, including
    Examples, accompanying the Programs or published by us on
    https://www.comsol.com for use with the Programs.

    q. The term "Examples" shall mean samples provided by us for use with the
    Programs, which we provide either with the Programs in the "applications"
    and "demo" folders of the directory for your installation of the Programs
    or through the Application Gallery at https://www.comsol.com or through
    the Application Library Update feature of the Programs.  The term
    "Examples" shall also be deemed to encompass those portions of the
    Documentation describing the foregoing.

    r. The term "Externally Authored Programs" shall mean software programs
    that we have obtained from other sources and included in the Programs.

    s. The term "FNL" shall mean a floating network license for the Programs
    having the rights set forth in Section 2(h)(iii).

    t. The term "Institution" shall mean a degree-granting educational
    institution.

    u. The term "Internal Operations" shall mean use of the Programs only for
    your internal operations within the Territory and only by employees and
    on-site independent contractors of (i) you, (ii) your Subsidiaries, (iii)
    your Subsidiaries' Subsidiaries, (iv) your Parent, (v) your Parent's
    Parent, or (vi) your Affiliates, and solely to the extent used for your
    operations and for the performance of consulting or research for third
    parties who engage you as an employee or independent contractor.  For
    purposes of this definition, independent contractors who are remotely
    accessing an on-site installation of the Programs, to the extent remote
    access is permitted for the applicable license type and to the extent the
    independent contractor is otherwise permitted to be a user by the
    applicable license type, shall be deemed to be using the Programs on-site.

    v. The term "Losses" shall mean actions, claims, demands, costs,
    liabilities, losses, expenses (including reasonable attorneys' fees and
    court costs, whether incurred as the result of a third party claim or a
    claim to enforce Section 10) and other damages.

    w. The term "Maintenance and Support" shall mean (a) commercially
    reasonable efforts to provide support by telephone, hyperlink, or
    electronic mail regarding the installation and/or use of the licensed
    Programs and their interaction with hardware, operating environments, and
    other software products except as set forth below, including the provision
    of installation materials; (b) subsequent releases of the Programs free of
    charge; (c) issuance of replacement license files to enable changes in use
    of the Programs, including changes in hardware running the Programs, to
    the extent permitted by the applicable license type; and (d) reasonable
    commercial efforts to provide (i) workarounds within a reasonable time for
    any material programming errors in the current release of the Programs
    which are directly attributable to us, and (ii) correction of such errors
    in the next available release, provided you provide us with sufficient
    information to identify such errors and to ensure their elimination from
    future releases.  Notwithstanding the foregoing, in no event shall the
    term "Maintenance and Support" be deemed to include: (i) installation and
    maintenance of your operating system; (ii) operating system configuration
    and hardware support; (iii) cluster or cloud operating system
    installation; (iv) cluster or cloud configuration and hardware support;
    (v) the interaction of the Programs with other software programs when used
    for cloud computing; (vi) the use of the COMSOL API; (vii) the interaction
    of the Programs with software products in instances where our contractual
    obligations may prohibit us from supporting that use or interaction;
    (viii) maintaining the compatibility of the Programs with operating
    systems or hardware systems not on the market at the time the Programs
    were released; (ix) the use of the Programs with a license manager other
    than the one that was delivered by us in conjunction with that version of
    the Programs; (x) the selection of physics, mesh, solvers, or solver
    settings, or the ordering of operations, for any Model or the design or
    development of any Application or Physics Interface; (xi) the use of
    Applications or Physics Interfaces by you or others; (xii) use of the
    runtime libraries included with the Programs, (xiii) the use by your
    sublicensees of the CSL or ASL versions of the Programs, or (xiv)
    assistance with making Models or Applications made with older versions of
    the Programs compatible with more recent versions of the Programs.

    x. The term "Model" shall mean the output that is produced by using the
    Model Builder feature of the Programs and/or by using the COMSOL API to
    produce functionality that is found in the Model Builder feature of the
    Programs.

    y. The term "NSL" shall mean a named single user license for the Programs
    having the rights set forth in Section 2(h)(i).

    z. The term "Parent" shall mean a legal entity having a relationship with
    a second legal entity such that the first entity controls the second
    entity.

    aa. The term "Permitted Objective" shall mean understanding the ideas and
    principles which underlie any element of the Programs.

    ab. The term "Physics Interface" shall mean the output that is produced by
    using the Physics Builder feature of the Programs.

    ac. The term "Programs" shall mean the COMSOL software programs that we
    deliver to you pursuant to an accepted purchase order and all upgrades and
    updates thereto and new versions thereof.

    ad. The term "Residuals" shall mean any and all Confidential Information
    in intangible form that may be retained in the unaided memory of a person
    having had access to that information, including ideas, concepts,
    know-how, or techniques that are not recognizable or traceable to a party.

    ae. The term "Submissions" shall mean any and all suggestions you make to
    us for improvements to the Programs and/or for any new product or service
    offerings, including ideas, concepts, or other materials communicated to
    us in connection therewith.

    af. The term "Subsidiary" shall mean a legal entity having a relationship
    with a second legal entity such that the first entity is controlled by the
    second entity.

    ag. The term "Territory" shall mean the country in which we have delivered
    a license for the Programs or any broader geographical region that may be
    reflected on our invoice.  For purposes of this definition, the United
    States-Mexico-Canada Agreement ("USMCA") member countries shall be treated
    as a single country.

    ah. The term "Uninstall" shall mean completely removing the Programs from
    any and all computers or machines on which they were installed or
    otherwise rendering such Programs inaccessible such as by destroying a
    hard drive on which the Programs were installed or recycling a hard drive
    on which the Programs were installed.

    ai. The term "Use" shall mean to install, run, use, operate, and perform.

    aj. The terms "We", "Us", and "Our" shall mean COMSOL AB and its
    Subsidiaries and Affiliates, as well as joint ventures in which it,
    directly or indirectly, has an ownership interest.

    ak. The terms "You" and "Your" shall mean the person or entity to whom we
    grant a license to the Programs and who is responsible for complying with
    the contractual obligations of this Agreement and ensuring that anyone
    permitted access to the Programs also complies with such obligations.

2.  License Grant. During the term of this Agreement, we grant to you a
    non-exclusive, non-transferable, limited license to use the Programs,
    Documentation, and Examples as provided herein. Certain Externally
    Authored Programs are licensed under different terms set by the publishers
    of such Externally Authored Programs, as set forth in the about.txt file
    that is included with the Programs, or listed under your licensed version
    of the Programs on https://www.comsol.com/legal/about. Any terms contained
    or referenced in the about.txt file, or listed under your licensed version
    of the Programs on https://www.comsol.com/legal/about, for a particular
    Externally Authored Program shall take precedence for such Externally
    Authored Program to the extent of any conflict between such terms and
    these Terms and Conditions.

    a. Programs. You may license an NSL, a CPU, an FNL, or a CSL version of
    the Programs under this Agreement.  For an FNL or CSL license, your
    license rights are for the number of concurrent users set forth on our
    invoice or the purchase order we accept. Programs licensed under one
    license type may not be run in integrated use with Programs licensed under
    another license type.

    b. Object Code. The license granted herein applies only to the object code
    version of the Programs.  Licensee shall have no rights whatsoever with
    respect to the source code for the Programs, except as expressly provided
    otherwise in this Agreement with respect to certain of the Externally
    Authored Programs.

    c. Examples. Examples may be used as a starting point in creating your own
    work and modified to form part of that work, in connection with authorized
    use of the Programs.  Provided that your changes or additions to the
    Examples are sufficiently substantial to create a derivative work, you
    then have the right to use, modify, publish, and distribute those modified
    Examples as part of your derivative work. You shall comply with all laws
    applicable to your activities, and you shall disclaim all warranties on
    behalf of us and limit our liability as set forth in this Agreement in
    connection with your redistribution or republication of Examples or
    modified Examples. Furthermore, notwithstanding anything to the contrary
    herein, any Example containing a notice of third party authorship may not
    be modified, redistributed, or republished unless there are terms
    contained in such file expressly allowing such modification,
    redistribution, and/or republication. Certain examples provided by us are
    provided under different terms and conditions for use and publication.
    Such different terms and conditions are identified via a notice in the
    Application. Any modification, republication, or redistribution of Example
    Applications, Example Physics Interfaces, or code Examples using the
    COMSOL API shall comply with Section 3 of this Agreement and any terms and
    conditions applicable to the Example.

    d. Ownership.  The Programs are licensed and not sold. All right, title
    and interest in and to the licensed Programs and Documentation, including
    without limitation, copyrights and trade secrets, are, and shall at all
    times remain, the exclusive property of us and/or those parties who have
    licensed Externally Authored Programs and other programs for incorporation
    into our Programs, and you shall have no right, therein, except the
    expressly limited license rights granted herein.

    e. Non-transferable. You may not sell, license, sublicense, rent, or
    distribute any Program or Documentation, or make it available for use on a
    "time sharing" basis, except that each concurrent user's rights to the CSL
    version of the Programs may, subject to the terms and conditions set forth
    in this Agreement, be sublicensed, in whole or in part, to one or more
    third parties, including on a time-share basis, for the sole purpose of
    hosting and running one or more Applications that require the Programs to
    run. Any sublicensing of the CSL version of the Programs is conditioned
    upon the following:

      (i) You must require each sublicensee to accept the COMSOL Server End
      User License Agreement that is displayed upon first use of the CSL.

      (ii) You shall not take any steps to disable or interfere in any way
      with the automatic delivery of the COMSOL Server End User License
      Agreement to sublicensees to whom you provide access to the Programs or
      of notices contained in the "About" section of any Applications you make
      available to sublicensees of the CSL version of 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 or the COMSOL Server End User License Agreement.

      (iv) Any sublicensing of the CSL version of the Programs shall be
      conditioned on your compliance with the then-current version of our
      trademark guidelines, https://www.comsol.com/trademarks, when referring
      to trademarks of ours or of any third party in connection with such
      sublicensing.

      (v) You shall not sublicense the CSL 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 CSL version of the Programs to call any third party
      software, including, but not limited to the Externally Authored
      Programs, 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.

      Except as expressly set forth herein, you may transfer your rights
      hereunder only in accordance with Section 16.

    f. Reservation of Rights. You acknowledge that all rights with respect to
    the licensed Programs, whether now or hereafter existing, which are not
    expressly granted to you are reserved to us or our licensors, and any use
    of the Programs not expressly authorized by us herein shall be deemed a
    breach of these Terms and Conditions. Except as expressly set forth in
    Section 3, you shall not modify or create any derivative, compilation, or
    collective work involving the Programs. You shall take appropriate action
    by instruction, agreement, or otherwise with any persons permitted access
    to the Programs, so as to enable you to satisfy all your obligations under
    the Terms and Conditions. You represent and warrant that you will use only
    COMSOL software that has been validly licensed to you by us or our
    authorized distributors or resellers.

    g. License Subject to Payment. The license granted herein is contingent
    upon your timely and complete payment of all amounts due and payable to
    us.

    h. Use.

      (i) If you have licensed the NSL version of the Programs, they may be
      installed and operated on up to four (4) computers designated for sole
      use by the single licensed user designated by us as the "Named User",
      provided the Programs are only accessible to, and operated by, the
      "Named User" for that license and provided that the Named User may
      concurrently use the Programs on only two (2) of those computers at any
      given time. Any further installation of the Programs on another computer
      shall be conditioned upon proof to our satisfaction that the Programs
      were uninstalled from a computer on which the Programs were previously
      installed, provided, however, that the Programs may not be transferred
      to more than two (2) computers in any year. You may replace the Named
      User for the license, on a temporary or permanent basis but no more than
      two (2) times a year, provided that only one licensed user is designated
      to us as the Named User at any given time. The NSL version of the
      Programs may be accessed and used via a single encrypted connection
      providing secure remote access, such as Virtual Private Network or
      Remote Desktop Protocol (using Network Level Authentication and using
      encryption), solely for use permitted by this Agreement. The NSL version
      of the Programs may not be accessed or used over a network or remotely
      by any other means, may not be accessed or used in client-server mode,
      and may not be used for cluster or cloud computing.

      (ii) If you have licensed the CPU version of the Programs, they may be
      installed and operated on a single designated physical computer,
      provided the Programs are only accessible to, and operated by, a single
      licensed user at a time, said user being physically located at the
      computer. You may replace the designated computer for the license, on a
      temporary or permanent basis but no more than two (2) times a year,
      provided that only one computer is designated to us at any given
      time. Any transfer of the Programs from one computer to another shall be
      conditioned upon proof to our satisfaction that the Programs were
      uninstalled from the first computer, provided, however, that the
      Programs may not be transferred to more than two (2) computers in any
      year. The CPU version of the Programs may not be accessed or used over a
      network or remotely or used for cluster or cloud computing.

      (iii) If you have licensed the FNL version of the Programs, they may be
      installed 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 your use,
      either on-site or remotely. You may have as many individuals using the
      Programs at any given time as the number of concurrent users for which
      you have purchased FNL licenses for such Programs. In no event shall use
      of the web interface for accessing the Model Manager server
      functionality of an FNL be deemed a concurrent use of the Programs,
      provided that such use is confined to the Model Manager feature of the
      Programs. If the Programs have the ability to run as client and server
      on separate computers, the FNL version gives you the right to use the
      Programs as client and server on separate computers. If the Programs
      have the ability to perform cluster computing, the FNL version gives you
      the right to have the Programs perform cluster computing. With respect
      to 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 FNL version of the Programs
      (and not the NSL or CPU versions) may be installed on the server of a
      source of secure remote computing, which may include installation of the
      license manager server, regardless of whether that source is owned by
      you or a third party.  You may not provide access to the FNL version of
      the Programs outside the Territory, except in connection with
      installation of the Programs on the server of a source of secure remote
      computing capacity, in which case end users accessing the Programs must
      be restricted to the Territory.

      (iv) If you have licensed the CSL version of the Programs, they 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 use permitted under this Agreement, either on-site or
      remotely. Log-in credentials may not be shared among authorized users of
      the CSL version of the Programs.  In no event may you use the CSL
      version of the Programs to run more than 4 Applications at any given
      time for each licensed concurrent user. You may use the CSL 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 CSL version of the Programs may
      be installed, accessed, and used worldwide, subject to the terms and
      conditions of this Agreement, including, without limitation, compliance
      with the restrictions set forth in Section 3, but you must reside in the
      same Territory in which the CSL license was sold. The CSL license
      permits you to use the Programs for the sole purpose of hosting and
      running Applications. Your use of Applications must comply with all
      restrictions on Applications set forth in Section 3 and with any terms
      and conditions specified by the publisher of each Application. The CSL
      also allows you to distribute the client software licensed under the
      COMSOL Client License Agreement to authorized users of your CSL
      installation.  The CSL may not be used as a replacement for an NSL, CPU,
      FNL, or CKL license for the purpose of developing Models or
      Applications.  The CSL may not be used for hosting Applications whose
      purpose is to load and run Models that were not originally embedded in
      the Application when developed in the Application Builder.

      (v) If the NSL, CPU, and/or FNL versions of the Programs or the CKL or
      ASL version has been licensed by an Institution at Academic Prices (as
      such terms are defined in the Academic Addendum to this Agreement), your
      use of such Programs will be subject to the additional Terms and
      Conditions in the applicable Addendum to this Agreement.

      (vi) With respect to any of the foregoing licenses, you may use the
      Programs on multicore/multiprocessor computers.

      (vii) You may make a backup copy of the Programs and Documentation as
      reasonably necessary to support the use of the Programs in accordance
      with this Agreement.

      (viii) Except with respect to the CSL and ASL version of the Programs
      and except with respect to Compiled Applications and the Model Manager
      feature of the Programs, you may use the Programs only for your internal
      operations within the Territory, unless otherwise consented to by us in
      writing.

      (ix) The fees for the license granted herein are determined based upon
      your installation and use of the Programs in the Territory. We may
      charge you an additional fee for any installation or use of the Programs
      in any location outside the Territory.

      (x) In the event you use your installation of the Programs to access the
      Model Manager server of a separate installation of the Programs, your
      access to that Model Manager server shall be governed by the Terms and
      Conditions governing your installation.

      (xi) Except as expressly allowed otherwise in this Agreement, in no
      event may the Programs be used for the purpose of developing an
      independent software program containing functionality that is the same
      as, substantially similar to, competitive with, and/or obviating the
      need for functionality in the Programs, and in no event shall you
      incorporate in any independent software program any functionality that
      is the same as, substantially similar to, competitive with, and/or
      obviating the need for functionality in the Programs (including prior
      versions thereof) and that was derived through use of the Programs
      (including prior versions thereof).

    i. No Reverse Engineering. You shall not decompile, reverse engineer,
    disassemble, isolate, separate, or otherwise attempt to derive source code
    from any Program(s) or Documentation, except and only to the extent that
    such activity is expressly permitted by applicable law notwithstanding
    this limitation. All copies of Programs and Documentation shall contain
    all copyright and proprietary notices as in the original. You shall not
    remove, obscure, or alter copyright notices, trademark notices, or other
    proprietary rights notices affixed to or contained within the licensed
    Programs or Documentation.

    Notwithstanding anything else set forth in these Terms and Conditions to
    the contrary, you may reverse engineer, disassemble, isolate, separate,
    and modify only those files specifically listed in the offer.txt file that
    is included with the Programs, or listed under your licensed version of
    the Programs on https://www.comsol.com/legal/offer, as eligible for such
    activities. Upon request as set forth herein, for a period of three years
    following your acceptance of these Terms and Conditions, we will provide
    you with the source or object code needed to recreate any or all of only
    those files specifically listed in the offer.txt file that is included
    with the Programs, or listed under your licensed version of the Programs
    on https://www.comsol.com/legal/offer, as eligible for such activities.
    All requests pursuant to this Paragraph shall be made in writing and
    addressed by first class mail to the address set forth in the offer.txt
    file. We may charge a fee for sending you the code to cover our cost of
    distribution.

    If you are a licensee in the European Union:

    You may decompile, disassemble or otherwise reverse engineer the Programs
    only where any such act is necessary to create an independent program
    which is interoperable with the Programs or with another program or to
    observe, study, or test the functioning of the Programs solely to
    undertake any Permitted Objective and provided that:

      (i) the information necessary to achieve the Permitted Objective has not
      already been made available or has not been provided by us within a
      reasonable time after a written request to provide such information;

      (ii) the compilation, disassembly, reverse-engineering, etc., is
      confined to those parts of the Programs necessary to achieve the
      Permitted Objective;

      (iii) the information gained is not used for anything other than the
      Permitted Objective and is not disclosed to any other person except as
      may be necessary to achieve the Permitted Objective; and

      (iv) the information obtained is not used to create a program(s)
      substantially similar in its expression to any Program(s), including,
      but not limited to, expressions of the Programs in other computer
      languages, or for any other act restricted by copyright in the Programs.

    j. License Manager.  You may only use the Programs with the license
    manager with which the Programs were delivered, and you may not take any
    action to interfere with or disable such license manager.  You may not
    mechanize or automate the process of checking out or in license seats for
    one or more Programs and/or components thereof for the purpose of
    circumventing license management. Login credentials may not be shared
    between users of the Programs.

    k. Authentication and Validation. We may use various technologies to
    authenticate and validate your use of the Programs and to process related
    information in our information systems.

    l. U.S. Government. If you are acquiring this license to the Programs on
    behalf of any unit or agency of the U.S. Government, the Government shall
    only have the rights for this Commercial Computer Software and Commercial
    Computer Software Documentation as set forth herein in accordance with the
    applicable Federal Acquisition Regulations for the acquisition of
    Commercial Computer Software and Commercial Computer Software
    Documentation. In particular, for units of the Department of Defense: the
    Government shall have only the rights specified in the license under which
    the Programs, as commercial computer software, and the Documentation, as
    commercial computer software documentation, were obtained, as set forth in
    subparagraph (a) of the Rights in Commercial Computer Software or
    Commercial Software Documentation Clause at DFARS 227.7202-3, therefore
    the rights set forth herein shall apply. For any other Government unit or
    agency: The Government shall have only the rights specified in this
    Agreement under which the Programs as commercial computer software and the
    Documentation as commercial computer software documentation were obtained,
    as set forth in FAR 12.212. When FAR clause 52.227-19 applies, the
    Government's rights include those set forth in paragraph (b)(2) of that
    clause, except that under no condition does this license extend to the
    source code of the Programs or otherwise obligate us to modify the
    Programs or Documentation for the Government.

    Where the Programs as commercial computer software and the Documentation
    as commercial computer software documentation are licensed to the
    Government under a contract that includes FAR clause 52.227-19 or similar,
    the following Notice is incorporated herein:

      NOTICE-Notwithstanding this license agreement that may pertain to, or
      accompany the delivery of, this computer software (the Programs) and
      computer software documentation (the Documentation), the rights of the
      government regarding its use, reproduction, and disclosure are as set
      forth in clause 52.227-19(b)(2) of the Government Contract under which
      it was acquired.

    If you wish to send us "covered defense information", as such term is
    defined in DFAR clause 252.204-7012, or other U.S. governmental
    information that is restricted by law, you shall do so solely by email to:
    us-export-control@us.comsol.com.

    If you are acquiring this license pursuant to work you are doing under a
    U.S. government contract, you agree that you will provide the government
    with the necessary disclosures, notices, and restricted rights legends,
    and take any other necessary steps, to ensure that the rights granted with
    respect to the Programs are no broader than as set forth herein.

    m. Trial Licenses. If you have been granted a license to a trial version
    of any Program, i.e., to test the Program without any payment obligation,
    you may not use the Program for any commercial, academic, or production
    use, i.e., you may use the Program only to test the functionality of the
    Program.  Nor may you publish any results obtained through the use of a
    license to a trial version of the Programs.  Trial licenses shall be for
    the license type we specify and shall last for the length of time
    specified by us, in our sole discretion, and may be canceled at any time
    by us, in our sole discretion. In the event we do not specify a license
    type for a trial license, the trial license shall be deemed to be for the
    NSL license type for the use of the Named User to whom we have issued such
    trial license. Upon expiration of the trial period, all Programs that are
    the subject of that trial license shall automatically become
    disabled. Support shall be provided only for the length of time that the
    trial license is in effect, and there shall be no other Maintenance and
    Support provided in connection with any trial licenses. We shall have no
    warranty obligations for trial licenses of any type. With respect to trial
    licenses, this paragraph (m) shall prevail over any conflicting provisions
    in this Agreement.

    n. Protection and Confidentiality of Our Information. You acknowledge that
    the Programs contain trade secrets and other valuable and confidential
    information of ours and of licensors of information or materials to us,
    and you shall not act, or fail to act, in any way or manner to
    intentionally or negligently harm our or our licensors' rights in our or
    their respective intellectual property in the Programs and
    Documentation. You shall disclose Confidential Information of ours and our
    licensors only on a need-to-know basis to your employees; you may not
    disclose any Confidential Information of ours and our licensors to a third
    party; and you shall use all reasonable care to keep the Confidential
    Information of ours and our licensors confidential consistent with the
    grant of your licensed rights. In no event shall the obligations set forth
    in this Section 2(n) override any requirement imposed on any licensee
    using the Programs by or on behalf of any state or federal government
    within the U.S. by any public records, freedom of information, or similar
    law providing for public access to governmental records.

    o. Protection and Confidentiality of Your Information. For a period of
    three years following your disclosure of Confidential Information to us:
    we will disclose such Confidential Information only on a need-to-know
    basis to our employees and contractors and not to any other person or
    entity; we shall use such Confidential Information solely for the purposes
    for which it is disclosed; and we shall use all reasonable care to keep
    such Confidential Information confidential consistent with your disclosure
    of such information to us.

    p. Exceptions to Confidentiality.  The confidentiality obligation set
    forth in Section 2(o) shall not apply to any information or materials
    which (i) were in our possession before we received them from you; (ii)
    are or become publicly available through no fault of ours; (iii) are
    independently developed without reliance on the Confidential Information;
    (iv) are received from a third party with no duty of confidentiality to
    you; (v) are approved by you in writing for disclosure, or (vi) are made
    available by you to a third party without any restriction on
    disclosure. Furthermore, neither the obligations set forth in Section 2(o)
    nor our receipt of your Confidential Information shall be construed to
    limit us from independently developing or acquiring products or
    technologies without the use of your Confidential Information, nor to work
    with persons or entities that have independently developed information or
    materials similar to such Confidential Information. You acknowledge that
    we may be actively engaged in technical development related to the subject
    matter of your Confidential Information. You covenant not to sue or bring
    any action, claim, or proceeding against us, our subsidiaries or
    affiliates, or any of our or their officers, directors, employees, or
    contractors, based in whole or in part on the use, copying, or other
    exploitation of any Residuals.

    q. Legal Proceedings/Government Investigations.  Subject to applicable
    data privacy laws, we may provide any and all information provided to us
    to any party in response to a subpoena or to a judicial or administrative
    order requiring the production of such information or to any governmental
    authority in connection with the investigation and/or prosecution of any
    actual or potential crime. Notwithstanding the foregoing, we will
    undertake commercially reasonable measures to ensure that any production
    of your Confidential Information pursuant to this Section 2(q) is done in
    a manner that ensures the confidentiality of such Confidential Information
    shall be protected and will undertake commercially reasonable measures to
    give you notice reasonably in advance of any production of your
    Confidential Information in response to a subpoena or judicial or
    administrative order.

    r. Submissions. To the extent you make any Submissions: (i) you represent
    and warrant that, to the best of your knowledge, such Submissions do not
    infringe any intellectual property rights of any third party; (ii) you
    acknowledge that we may use such Submissions but are under no obligation
    to do so; (iii) you grant to us a non-exclusive, irrevocable, world-wide
    license to reproduce, distribute, transmit, publicly display, publicly
    perform, modify, translate, make derivative works based on, manufacture,
    make, market, sell, offer to sell and/or otherwise use such Submissions
    and derivative works based thereon, in whole or in part, including,
    without limitation, by incorporating such Submissions, in whole or in
    part, within our Programs and/ or other programs, and occurring in or
    through any media now existing or existing at any time in the future, and
    to grant sublicenses to engage in the foregoing activities; (iv) you waive
    any right or claim to additional consideration for such Submissions beyond
    our review of your Submissions and the rights you receive under the Terms
    and Conditions (including any claim for payment or other compensation);
    and (v) you waive any right or claim to attribution in connection with any
    use we may make of such Submissions. To the extent we are not
    independently developing ideas, concepts, proposals, or other materials
    similar to the Submission(s), we may contact you regarding any Submissions
    for which we may want to consider seeking patent rights.

    s. Future Releases. We reserve the right to change or discontinue any or
    all of the Programs without prior notice, although any such change in, or
    discontinuance of, a Program shall not abrogate your right to continue
    using a previously licensed Program for the duration of the term.

3.  Program Output.  You shall own unrestricted rights to all computational
    data generated by your use of the Programs that does not reproduce
    substantial elements of the Programs, of other programs that interface
    with the Programs, or of Models, Physics Interfaces, or Applications that
    we publish; provided, however, that Models, Physics Interfaces,
    Applications, and Compiled Applications produced by the Programs are
    subject to the following restrictions:

    a. Models and Physics Interfaces.  You may use, publish, distribute, and
    authorize others to use Models and Physics Interfaces that you create with
    the Programs worldwide, subject to the terms and conditions of this
    Agreement.

    b. Applications.

      (i) Creation.  We grant you a non-exclusive license, within the
      Territory in which you are authorized to use the Programs, to create
      Applications that incorporate user generated files that require one or
      more of the Programs to run, subject to the terms and conditions set
      forth in this Agreement.

      (ii) Distribution.  We grant you a perpetual, non-exclusive, world-wide
      license to distribute any Applications that you create or that you
      receive a sublicense to distribute, and we grant you a fully paid,
      perpetual, non-exclusive, world-wide license to sublicense the
      distribution of any Applications that you create, provided that you and
      any distributor or sublicensor of your Applications requires that such
      Applications be used in conjunction with licensed use of those Programs
      required by the Applications to run and subject to the terms and
      conditions set forth in this Agreement or, with respect to use of a CSL
      by others that you authorize, pursuant to the terms and conditions of
      the COMSOL Server End User License Agreement, which will be presented to
      such users upon first use.

      (iii) Use.  You may use Applications in conjunction with your licensed
      use of those Programs required by the Applications to run, subject to
      the terms and conditions set forth in this Agreement.

      (iv) Restrictions.  Applications are subject to the following
      restrictions:

        A. No Application may be marketed, distributed, or licensed for use in
        competition with us or any of the Programs or as a general purpose
        multiphysics simulation package.

        B. You may offer your Applications under terms and conditions of your
        choosing, provided that (a) insofar as you distribute or license your
        Application for use by others any such terms and conditions governing
        that redistribution or sublicensing are at least as restrictive as
        paragraph D below, (b) no terms and conditions applicable to any
        license for your Applications shall alter, amend, conflict with, or
        purport to terminate this Agreement in any way, and (c) you may not
        distribute your Application under any version of the General Public
        License, the Lesser/Library General Public License, the Artistic
        License, the Mozilla Public License, the Netscape Public License, the
        Sun Community Source License, the Sun Industry Source License, the
        Common Public License, or any other license that requires, as a
        condition of use, modification, or distribution, that your Application
        or other software incorporated into, derived from, or distributed with
        your Application (i) be disclosed or distributed in source code form;
        (ii) be licensed by the user to third parties for the purpose of
        making and/ or distributing derivative works; or (iii) be
        redistributable at no charge. If your Application requires third party
        software programs to operate, then (i) you must either obtain the
        necessary rights to distribute such third party software programs with
        your Application or require your customers to obtain the necessary
        rights to use such third party software programs with your
        Application; (ii) you must obtain sufficient rights from the
        publishers of such third party programs to permit the interaction that
        your Application makes possible between the Programs and such third
        party programs and to permit any publication, distribution, licensing,
        and/or sublicensing that you undertake or authorize with respect to
        your Application; and (iii) you must otherwise comply with the terms
        and conditions of any license agreement governing such third party
        programs. In no event shall you distribute your Application in
        conjunction with any other software program, or allow your Application
        to be used in conjunction with any other software program, where that
        other software program is licensed under terms that alter, amend,
        conflict with, or purport to terminate this Agreement in any way.

        C. All use of our trademarks and third party trademarks in connection
        with your Application must comply with the then-current version of our
        trademark guidelines, https://www.comsol.com/trademarks.

        D. To the extent your Application requires any or all of the CAD
        Import Module, Design Module, LiveLink™ for SOLIDWORKS®, LiveLink™ for
        Solid Edge®, LiveLink™ for Inventor®, LiveLink™ for AutoCAD®,
        LiveLink™ for PTC® Creo® Parametric, LiveLink™ for Revit®, and/or
        File Import for CATIA® V5 (the "CAD Interfacing Programs") in order to
        run:

          (1) Such Application must have a graphical user interface ("GUI").

          (2) Such Application, when run in integrated use with any of the
          Programs, must be substantially functionally identical to those
          Programs, although substantial portions of the Programs' GUI may be
          removed or modified.

          (3) Such Application must not have as a major function
          computer-aided design ("CAD") or be marketed as competitive to any
          CAD product.

          (4) Such Application must not be marketed as a standalone product
          for translating input to or output from any CAD product.

          (5) In the event we cease offering any of the CAD Interfacing
          Programs required for your Application to run, your rights to
          continue to use such Programs for interfacing with your Application
          shall be limited to the term of the license you have purchased and
          to the version of the third party CAD product with which such CAD
          Interfacing Programs are compatible.

          (6) No Application may be marketed, distributed, or licensed as an
          alternative means for any third party to access the functionality of
          any third party software program to which any of the Programs
          interface or as a replacement for any such third party software
          program to which any of the Programs interface.

          (7) No Application may contain any application programming interface
          functions that rename any functions of any third party software
          program with which any of the Programs interface without adding
          additional value.

          (8) No Application may be marketed, distributed, or licensed for use
          in violation of any applicable law. You shall be solely responsible
          for any governmental approvals needed to market, distribute, or
          license an Application for use in a particular industry.

    c. Compiled Applications.  If your licensed Programs include the COMSOL
    Compiler, then the following terms and conditions apply:

      (i) Creation.  We grant you a non-exclusive license, within the
      Territory in which you are authorized to use the COMSOL Compiler for the
      sole purpose of creating Compiled Applications from Applications,
      provided that each Compiled Application complies with the restrictions
      applicable to Applications and subject to the terms and conditions set
      forth in this Agreement. Compiled Applications may not be used as a
      replacement for an NSL, CPU, FNL, or CKL license for the purpose of
      developing Models or Applications. Compiled Applications may not be used
      for the purpose of loading and running Models that were not originally
      embedded in the Application when developed in the Application Builder.
       
      (ii) Distribution.  We grant you a perpetual, non-exclusive, world-wide
      license to distribute any Compiled Applications that you create or that
      you receive a sublicense to distribute, and we grant you a perpetual,
      non-exclusive, world-wide license to sublicense the distribution of any
      Compiled Applications that you create, subject to the terms and
      conditions set forth in this Agreement.

      (iii) Use.  You and any sublicensee of yours may use your Compiled
      Applications on any machine or network, regardless of whether or not
      that machine or network contains any version of the Programs, subject to
      the terms and conditions set forth in this Agreement.

      (iv) Restrictions.  Compiled Applications are subject to the following
      restrictions:
 
        A. All restrictions set forth in Section 3(b)(iv) above with respect
        to Applications shall apply to Compiled Applications.

        B. All users of the Compiled Application must be required to accept
        the COMSOL Runtime License Agreement.

        C. You shall not in any way interfere with the delivery of the COMSOL
        Runtime License Agreement to users of the Compiled Application or of
        notices contained in the "About" section of a Compiled Application.

        D. You may add your own end-user license agreement to a Compiled
        Application, provided that your end-user license agreement does not
        conflict with or attempt to supersede any terms and conditions of the
        COMSOL Runtime License Agreement.

        E. You shall not distribute COMSOL runtime libraries found in a
        Compiled Application, apart from as embedded in that Compiled
        Application or as a download offered for the sole purpose of
        supporting your Compiled Application.

    d. Independent Development.  You acknowledge that we may be engaged in
    independent development in the subject area of any support requests that
    relate to any Applications or Compiled Applications created by you, used
    by you, or distributed by you or on your behalf and that we have no
    obligation to limit or restrict the assignment of personnel based on their
    involvement in fulfilling any such support requests. On behalf of yourself
    and your parent companies, subsidiaries, and affiliates, you covenant and
    agree not to bring any legal proceeding and not to lend any assistance in
    the bringing of any legal proceeding alleging that any independently
    developed current or future software products that we distribute infringe
    any intellectual property rights of yours or theirs in any Application or
    Compiled Application that you or they have developed or any invention,
    design, or discovery thereof.

4.  License Term. Unless terminated earlier according to this Agreement, this
    Agreement shall continue either perpetually or for a limited period, as
    identified in a quotation we issue that you accept, in a purchase order
    accepted by us or in our invoice. Absent any such earlier termination,
    term licenses will end after their term, unless the then-current term
    license fee has been previously remitted to us. You shall have the right
    to use Programs licensed under a perpetual license indefinitely, subject
    to the termination as well as maintenance and support provisions of this
    Agreement.

5.  Delivery. We may deliver the Programs and Documentation to you in archival
    form on physical computer readable media or over the Internet with
    installation materials which specify the licensed Programs.  You shall be
    responsible for all use of your installation materials, authorized or not,
    and you shall not disclose the archive installation materials or allow
    them to be used except for use as expressly permitted herein.

6.  Compliance with Export Laws. The Programs are subject to U.S., European
    Union and United Kingdom export control laws or other (U.S., E.U., U.K.,
    and non-U.S.)  governmental export and import laws and regulations
    ("Export Laws"). Notwithstanding any other term of this Agreement or any
    other agreement, neither you nor any third party may exercise any of your
    rights under this Agreement in violation of any Export Law, nor may this
    Agreement be transferred to any party where doing so would result in such
    a violation. The terms of any limitation on the use, transfer or re-export
    of the Programs imposed by us in any document for the purpose of export
    control shall prevail over any of the Terms and Conditions in this
    Agreement, but it shall be your responsibility to comply with the latest
    Export Law. You represent and warrant that, unless authorized by the
    government that issued the applicable Export Laws, neither you nor any
    person or entity you permit to use the Programs under this Agreement is
    located in or is a permanent resident of any country subject to any
    U.S. or other embargo or any country that is specially designated by the
    U.S. government as a "terrorist supporting" country and that neither you
    nor any person or entity you permit to use the Programs under this
    Agreement is on any U.S. government list of prohibited or restricted
    parties. If, in connection with any support request, you wish to send us
    information that can only be shared with U.S. persons under any Export
    Laws, the only way in which you may do so is by email to:
    us-export-control@us.comsol.com.  You understand and agree that
    restricting any support request in this manner will limit the number of
    support engineers available to respond to your request, which may limit
    our ability to provide a response that is to your satisfaction. In the
    event that you wish to include any Confidential Information in such a
    support request to be protected in accordance with Section 2(o), you must
    mark such email with the designation "Confidential Information" in the
    subject line of the message. You shall be solely responsible for ensuring
    that all files you send to us in connection with any support request
    comply with all applicable Export Laws, including with respect to our
    accessing those files in any locations in which we do business and by our
    employees, regardless of nationality or residency, unless such requests
    are submitted as set forth in this Section 6. In the event you are unable
    to provide us with items relevant to a support request on account of
    Export Laws, we shall undertake commercially reasonable efforts to address
    the support request but do not guarantee our ability to do so.

7.  Maintenance and Support.

    a. Term for Maintenance and Support.  Unless you have purchased a term
    license with a Maintenance and Support period expiring prior to the end of
    the term, Maintenance and Support will terminate upon the earlier of
    twelve (12) months or the expiration of the term. Notwithstanding the
    foregoing, termination of the Maintenance and Support period for any one
    Program shall terminate the period for Maintenance and Support for all
    other Programs that require that Program in order to run, even if such
    other Programs were purchased separately, except that installation support
    shall be provided where we have sold a license to a Program that is to be
    added to one or more Programs that are not on subscription for Maintenance
    and Support. That initial period for Maintenance and Support commences on
    the first day of the month following the month in which a purchase order
    has been accepted. However, if, by that time, you have not yet supplied us
    with all of the information needed for us to provide installation
    materials, the initial period for Maintenance and Support shall commence
    on the first day of the month following the month during which we first
    requested the information needed to provide installation
    materials. Notwithstanding the foregoing, there shall be no reduction in
    the initial period for Maintenance and Support on account of any delay by
    us in requesting the information necessary to provide installation
    materials or any delay by us in providing installation materials following
    receipt by us of all such information.

    b. Updates and New Versions.  All updates to, and new versions of, the
    Programs that we deliver shall be deemed to be part of the Programs that
    are licensed pursuant to this Agreement or any successor version of this
    Agreement displayed upon installation of such updates to and/or new
    versions of the Programs.

    c. Renewal.  Maintenance and Support may be renewed, at the then-current
    price, as long as we offer such services. If you fail to renew Maintenance
    and Support when due, we may charge you a fee for restarting Maintenance
    and Support.

    d. Scope.  Maintenance and Support is limited to the latest two released
    versions of the Programs and do not include technology preview
    functionality or prereleases such as alphas or betas, provided, however,
    that certain updates to address programming errors, enhancements, and
    security patches may only be available for the then most recently released
    version of the Programs. For this purpose, separate versions are defined
    by a change in a digit within the first decimal place within the version
    number or a change in letters appended thereto.

    e. Use of Support Materials.  Unless the support request is designated as
    Confidential pursuant to Paragraph 2(o), you agree that any materials
    provided by you to us in connection with a support request may be retained
    and used by us and our contractors and licensors for the purpose of
    correcting, developing, and testing workarounds for any programming errors
    that such materials may evidence and for the purpose of product
    development and improvement.


    f. Issuance of License Files.  We shall have no obligation to issue
    license files for the Programs if such Programs, or Programs on which they
    depend, are no longer on subscription for Maintenance and Support, unless
    we have sold a license to a Program that is to be added to one or more
    Programs that are not on subscription for Maintenance and Support.  In the
    event a new license file is required in connection with a machine change,
    user change, or change in license type, we shall have the right to
    condition the issuance of such license file on the provision and
    affirmation of such information as we reasonably may request in connection
    with such change.

    g. Data Transfers.  We provide support from different locations in
    different countries by different COMSOL entities.  Unless you have
    restricted a case in the manner specified in Section 6, you are solely
    responsible for determining that any data provided to us in connection
    with our Maintenance and Support may be transferred and exported to our
    different locations and affiliated entities in accordance with applicable
    laws, including, without limitation, data security laws, export control
    laws, and privacy laws, and otherwise.  To the extent you are not able to
    provide data lawfully for a particular request for Maintenance and
    Support, our fulfillment of that request may be limited or non-existent.


8.  LIMITED WARRANTY.

    a. We warrant: (i) that we or our licensors have the right to grant the
    license rights hereunder; (ii) that for a period of ninety (90) days from
    delivery ("Warranty Period") the licensed Programs shall conform in all
    material respects to their functional specifications in the Documentation;
    and (iii) you may receive a full refund of the initial fee paid for the
    Programs if you terminate this Agreement within thirty (30) days of the
    date of the delivery of the first version of the Programs that we provide
    to you (the "Acceptance Period"). The Programs shall be deemed to be
    "delivered" for purposes of the foregoing warranties upon commencement of
    the initial software maintenance period as set forth in Section 7.
    Delivery of subsequent versions of or upgrades to the Programs shall not
    enlarge or restart the Acceptance Period or Warranty Period. IN NO EVENT
    SHALL THE FOREGOING WARRANTY OBLIGATIONS EXTEND TO SUBLICENSEES OF THE CSL
    OR ASL VERSIONS OF THE PROGRAMS OR TO SUBLICENSEES OF YOUR COMPILED
    APPLICATIONS.

    b. If a Program does not operate as warranted and you notify us within the
    Warranty Period, your exclusive remedy and our sole liability shall be (i)
    the correction or workaround of major defects within a reasonable time, or
    (ii) if such correction or workaround prove neither satisfactory nor
    practical, termination of the relevant license and refund of the initial
    license fee paid to us for the Programs.

    c. All requests for warranty assistance should be directed to COMSOL AB,
    Tegnérgatan 23, SE-111 40 STOCKHOLM, Sweden. Attn: Sales & Marketing
    Manager.

    d. EXCEPT AS EXPRESSLY PROVIDED ABOVE, EXCEPT AS EXPRESSLY SPECIFIED IN
    SECTION 10, AND EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, THE
    PROGRAMS, DOCUMENTATION, EXAMPLES, AND ALL MAINTENANCE AND SUPPORT,
    PRE-SALES SUPPORT, PROOFS OF CONCEPT, AND ANY OTHER SERVICES OR ITEMS WE
    MAY PROVIDE ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE PROVIDED "AS
    IS AND WITH ALL FAULTS;" AND WE AND OUR LICENSORS, DISTRIBUTORS, AND
    RESELLERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
    OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
    NON-INFRINGEMENT, DESIGN, OPERATION, LACK OF VIRUSES, ABSENCE OF ERRORS,
    ACCURACY OR COMPLETENESS OF OUTPUT, LACK OF NEGLIGENCE, SECURITY, AND
    FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE OR OUR LICENSORS,
    DISTRIBUTORS OR RESELLERS HAVE BEEN INFORMED OF SUCH A PURPOSE) AND
    WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE
    PRACTICE. FURTHERMORE, EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, IN
    NO EVENT SHALL OUR LICENSORS BE RESPONSIBLE FOR ANY WARRANTIES UNDER THIS
    AGREEMENT.

    e. YOU ASSUME SOLE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO
    ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF, INPUTS
    YOU PROVIDE FOR, AND RESULTS OBTAINED FROM THE PROGRAMS.  YOU ASSUME SOLE
    RESPONSIBILITY FOR THE SELECTION OF HARDWARE AND DETERMINATION OF SYSTEM
    CONFIGURATIONS FOR USE WITH THE PROGRAMS, AND WE SHALL NOT BE RESPONSIBLE
    FOR TESTING THE PROGRAMS FOR THE HARDWARE AND SYSTEM CONFIGURATIONS YOU
    MAY CHOOSE. YOU ASSUME SOLE RESPONSIBILITY FOR DETERMINING YOUR RIGHT TO
    USE AND AUTHORIZE OTHERS TO USE ANY THIRD PARTY DATA THAT YOU IMPORT FOR
    USE WITH THE PROGRAMS.  YOU ACKNOWLEDGE AND AGREE THAT THE PROGRAMS ARE
    NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE
    OR RESALE AS CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
    FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE PROGRAMS COULD LEAD
    DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
    DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT SIMULATION SOFTWARE IS NOT A
    SUBSTITUTE FOR SAFETY AND EFFICACY TESTING FOR ANY PRODUCT OR PROCESS
    BEING SIMULATED, AND YOU ASSUME SOLE RESPONSIBILITY FOR SUCH SAFETY AND
    EFFICACY TESTING.

9.  Limitation Of Liability. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW
    AND EXCEPT FOR OUR INDEMNIFICATION OBLIGATIONS AS SET FORTH IN SECTION 10,
    OUR SOLE LIABILITY OR OBLIGATION ARISING UNDER OR RELATING TO THIS
    AGREEMENT (AND THE SOLE LIABILITY OF OUR LICENSORS, DISTRIBUTORS, AND
    RESELLERS RELATING TO THIS AGREEMENT) IS THE REPLACEMENT OF DEFECTIVE
    MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. EXCEPT TO THE EXTENT
    OTHERWISE REQUIRED BY LAW AND EXCEPT AS SET FORTH IN SECTION 10, IN NO
    EVENT SHALL WE OR OUR LICENSORS, DISTRIBUTORS, OR RESELLERS BE LIABLE TO
    YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE
    DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT
    LIMITATION, DAMAGES FROM THIRD PARTY CLAIMS, LOSS OF PROFITS, LOSS OF
    DATA, INVASION OF PRIVACY, FAILURE TO MEET ANY DUTY SUCH AS GOOD FAITH OR
    REASONABLE CARE, NEGLIGENCE, OR ANY OTHER LOSS, EVEN IF WE OR THEY HAVE
    BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, E.G., WE ARE UNABLE TO
    REMEDY ANY DEFECT IN THE PROGRAMS.  IN ANY EVENT, EXCEPT TO THE EXTENT
    OTHERWISE REQUIRED BY LAW AND EXCEPT AS SET FORTH IN SECTION 10, OUR AND
    THEIR MAXIMUM LOSS, REGARDLESS OF ANY ACT OR OMISSION OF OURS OR ANYONE
    UNDER OUR DIRECTION OR CONTROL, SHALL NOT IN TOTAL EXCEED THE AGGREGATE
    AMOUNT PAID TO US IN THE SIX-MONTH PERIOD PRECEDING YOUR CLAIM(S), AND FOR
    SUCH PURPOSES, ALL CLAIMS SHALL BE AGGREGATED. FURTHERMORE, EXCEPT TO THE
    EXTENT REQUIRED BY LAW, IN NO EVENT SHALL OUR LICENSORS BE RESPONSIBLE FOR
    ANY DAMAGES OF ANY NATURE ARISING OUT OF OR RELATING TO THIS
    AGREEMENT. The remedies against us and our licensors, distributors, and
    resellers expressly provided herein are exclusive and are in lieu of any
    other remedies at law or in equity. The fees and limitations of liability
    and remedies for the license to the Programs reflect the allocation of
    risk between the parties. This section is an essential element of the
    basis of the bargain between the parties.

10. Indemnification.

    a. By You. You agree to indemnify, defend, and hold harmless us and our
    parents, subsidiaries, affiliates, successors, distributors, and
    resellers, and each of our and their officers, directors, employees and
    representatives, against and from any and all Losses arising out of or in
    connection with any and all third party claims relating to any use of the
    Programs by you and any act or omission of yours or relating to
    Applications or Compiled Applications created by you, used by you, or
    distributed by you or on your behalf, including third party claims related
    to your activities pursuant to this Agreement, except to the extent we
    indemnify you as described below. If you are a governmental user in a
    jurisdiction which limits your ability to enter into indemnification
    agreements, then the foregoing indemnification obligation shall apply only
    to the extent permitted by applicable law.

    b. By Us. We agree to indemnify, defend, and hold harmless you, your
    parents, subsidiaries, affiliates, and successors, and each of your and
    their officers, directors, employees and representatives, against and
    from, and to the extent you suffer, any Losses because the licensed
    Programs infringe a third party's intellectual property rights.

    c. Limitation.  We shall have no liability or obligation to you hereunder
    for any infringement based upon (i) the combination of any of the licensed
    Programs with any other software, hardware or other products not developed
    by us, (ii) the use of other than a current, unaltered version of the
    licensed Programs, (iii) any use of a licensed Program for other than its
    intended purpose, (iv) modifications, improvements and derivative works of
    the licensed Programs created by or on behalf of you, or (v) if you breach
    this Agreement for failure to pay amount due. For the avoidance of doubt,
    we shall have no liability or obligation to you hereunder for any
    infringement of a third party's intellectual property rights by any goods
    or services designed by you through use of the Programs.

    d. Cooperation. In connection with any claim or action described in this
    Section, the party seeking indemnification (i) will give the indemnifying
    party prompt written notice of the claim, (ii) will cooperate with the
    indemnifying party (at the indemnifying party's expense) in connection
    with the defense and settlement of the claim, and (iii) will permit the
    indemnifying party to control the defense and settlement of the claim,
    provided that the indemnifying party may not settle the claim without the
    indemnified party's prior written consent (which will not be unreasonably
    withheld).  Further, the indemnified party (at its cost) may participate
    in the defense and settlement of the claim. Any breach of this paragraph
    by the indemnified party that causes prejudice to the indemnifying party
    shall relieve the indemnifying party of its indemnification obligation.

11. Third Parties. You shall notify us of third parties (and give their
    respective names, addresses, and contact information) that have access to
    or use the licensed Programs on your behalf. This provision shall not
    limit your other obligations hereunder.

12. Prevailing Party. If any legal action or other proceeding is brought for
    any breach of this Agreement, the prevailing party shall be entitled to
    recover its reasonable attorneys' fees and other costs incurred in
    bringing such action or proceeding, in addition to any other relief to
    which such party may be entitled, including, without limitation, any
    interest or penalties specified in our invoice to the extent permitted by
    applicable law.

13. Taxes. You shall be liable for any taxes (except those on our net income)
    due in connection with this Agreement.

14. Termination. We may terminate this Agreement by written notice to you if
    you breach any of the Terms and Conditions and have not cured such breach
    within sixty (60) days (within fifteen (15) days if the breach is for
    non-payment) thereafter. Notwithstanding the foregoing, we may terminate
    at any time in the event you make any unauthorized use, reproduction,
    distribution, public display, or public performance of, or preparation of
    derivative works based on, the Programs as delivered hereunder or as
    otherwise obtained by you. Furthermore and without limiting any other
    remedies available to us, if you or any of your parent companies,
    subsidiaries, or affiliates bring any legal proceeding alleging that any
    current or future software products that we distribute infringe any
    intellectual property rights of yours or theirs in or pertaining in whole
    or in part to any Program output that you or they have developed or any
    invention, design, or discovery thereof, then we shall have the right to
    terminate, effective after thirty (30) days written notice, all licenses
    granted to you and them. You may terminate this Agreement at any time for
    any reason, but you shall not be entitled to any refund except for license
    fees paid for any Programs for which the Acceptance Period has not expired
    at the time we receive your notice of termination.

15. Effect of Termination. Immediately upon termination of this Agreement for
    any reason, (a) your rights shall cease and all rights granted herein
    shall automatically revert to us; (b) you shall stop using the Programs
    and Documentation; (c) you shall erase all copies of licensed Programs and
    Documentation from your computers and deliver to us all tangible copies of
    the Programs and Documentation; (d) you shall pay all amounts due us; and
    (e) you shall take such acts and execute all documents we reasonably
    request to register or effect the termination. Within five (5) business
    days of the termination, you shall provide us with a written declaration
    signed under penalty of perjury by you attesting to compliance with the
    provisions of subsections (b), (c) and (d) above. Expiration or
    termination of this Agreement shall not relieve a party of obligations
    accrued before such event. In addition, Sections 1, 2(d), 2(i), 2(n),
    2(o), 2(p), 2(q), 3(a), 3(b)(ii)-(iv), 3(c)(ii)-(iv), 8, 9, 10, 12, 13,
    14, 15, 17, 19, and 20 of this Agreement shall survive termination or
    expiration of this Agreement.

16. Assignment and Transfer. We may freely assign this Agreement. Unless you
    provide us with the identity and contact information of any prospective
    assignee or transferee of your rights and obligations hereunder and such
    transferee or assignee is acceptable to us, you may not assign or
    otherwise transfer this Agreement and its rights and obligations, in whole
    or in part, by operation of law or otherwise, and any prohibited
    assignment or transfer shall be null and void; provided, however, that our
    consent shall not be unreasonably delayed or withheld in the event of any
    request for assignment or transfer where each of the following conditions
    are satisfied: (a) you have provided us with the identity and contact
    information of any prospective assignee or transferee of your rights and
    obligations hereunder, (b) you have provided us with such information as
    we may reasonably request to issue any new license files that may be
    necessitated, (c) such assignee or transferee is not in the business of
    selling licenses to off-the-shelf software, and (d) such assignee or
    transferee either (i) is your successor by merger or operation of law,
    (ii) is the purchaser of the assets of your entire business unit using the
    Programs, (iii) is controlled by you, (iv) controls you, or (v) is under
    common control with you. This Agreement or the relevant provisions shall
    be binding upon, and inure to the benefit of, the successors, executors,
    heirs, representatives, administrators and assigns of the parties hereto.
    We may charge you an administrative fee for any permitted assignment.

17. Personal Data and Privacy. Certain of your interactions with us involve
    providing us with personal data.  For information on what personal data we
    collect, how we process it, and how you can control the use of your
    personal data, see https://www.comsol.com/privacy-policy. If you supply us
    with personal data of employees or others, you are solely responsible for
    securing their consent in accordance with applicable laws.

18. Revised Terms and Conditions. New releases of the Programs may be licensed
    under revised Terms and Conditions, and such revised Terms and Conditions
    shall be effective upon installation thereof.

19. Miscellaneous. You shall not grant any ownership right or security
    interest in the Programs to any person. You shall comply with all laws
    applicable to you in the jurisdiction in which you use the Programs. A
    breach of any provision of this Agreement may only be waived in writing
    and the waiver of such breach shall not operate or be construed as a
    waiver of any subsequent breach. If any of the Terms and Conditions
    should, for any reason, be held invalid or unenforceable in any respect,
    the remainder of this Agreement shall be enforced to the full extent
    permitted by law. A court of competent jurisdiction is hereby empowered to
    modify the invalid or unenforceable provision to make it valid and
    enforceable. If you purchased a license to the Programs in the Americas
    (including the Caribbean and Canada), this Agreement shall be governed by
    and construed in accordance with the laws of the Commonwealth of
    Massachusetts and the United States of America, without regard to
    conflicts of laws principles. Such licensees agree that any dispute,
    controversy, or claim arising out or relating to this Agreement or the
    breach, termination, or alleged invalidity thereof shall be subject to
    exclusive jurisdiction and venue in the state and federal courts in the
    Commonwealth of Massachusetts and consent to personal jurisdiction
    therein.  If you purchased a license to the Programs outside the Americas,
    this Agreement shall be governed by and construed in accordance with the
    laws of Sweden without regard to conflicts of law principles. If you
    purchased a license outside the Americas, any dispute, controversy or
    claim arising out of or in connection with this Agreement, or the breach,
    termination, or alleged invalidity thereof, shall be finally settled by
    arbitration administered by the Arbitration Institute of the Stockholm
    Chamber of Commerce (the "SCC"). The Rules for Expedited Arbitrations
    shall apply to such arbitrations, unless the SCC in its discretion
    determines, taking into account the complexity of the case, the amount in
    dispute and other circumstances, that the Arbitration Rules shall
    apply. In the latter case, the SCC shall also decide whether the Arbitral
    Tribunal shall be composed of one or three arbitrators.  The Parties shall
    keep all information, documentation, materials in whatever form disclosed
    in the course of such arbitral proceeding confidential and they shall be
    used solely for the purpose of those proceedings.  The seat of arbitration
    shall be Stockholm, Sweden. The language to be used in the arbitral
    proceedings shall be English. For all licensees, the parties agree that
    neither the U.N.  Convention on Contracts for the International Sale of
    Goods nor the provisions of the Uniform Computer Information Transaction
    Act ("UCITA") as adopted or as may be adopted by any state shall apply or
    govern this Agreement or the relationship of the parties hereto.  To the
    extent UCITA may be deemed applicable, the parties agree to opt out of its
    applicability pursuant to the opt out provisions contained therein. You
    may not bring any action against us or our licensors more than two (2)
    years after the cause of action accrued. To the extent permitted by law,
    you hereby waive any sovereign immunity that you would otherwise be
    entitled to assert with respect to any claim arising out of or relating to
    these Terms and Conditions. If you are a governmental user in a
    jurisdiction whose law restricts your ability to enter into agreements
    regarding the terms in this Section 19, then such Section shall be
    enforceable only to the extent permitted by applicable law; and the
    applicable law for the governance and construction of this Agreement and
    the applicable jurisdiction for disputes between the parties shall be
    dictated by any such legal requirement conflicting with this Section
    19. If you acquired the Programs outside the United States, then any local
    laws conflicting with the selection of applicable law and jurisdiction in
    this Section shall be given precedence over this Section. While certain
    portions of the Programs have been obtained by us from our licensors, we
    are solely responsible for providing licenses to the Programs, and our
    licensors have no responsibility for providing such licenses to you, no
    obligations with respect to maintenance or support for the Programs or for
    addressing claims regarding the Programs, and have made no warranties
    regarding the Programs. Our licensors are third party beneficiaries of
    this Agreement and shall have the right to enforce its provisions. The
    parties to this Agreement hereby confirm their desire that this Agreement,
    and any documents relating thereto, be written solely in the English
    language. Les parties au présent Accord confirment leur volonté que cet
    Accord, ainsi que les documents s'y rattachant, soient rédigés uniquement
    en langue anglaise.

20. Entire Agreement. This Agreement and the applicable Addenda hereto (if
    relevant), together with any pricing, terms of payment, identification and
    quantification of Programs to be delivered, method and location of
    delivery, territory, and term set forth on our invoice or order
    acknowledgment, contain the entire understanding of the parties with
    respect to the subject matter, and supersedes all prior, contemporaneous,
    and subsequent proposals, agreements, representations, and
    understandings. This Agreement may not be changed except as provided
    herein in a writing signed by you and us. No purchase order or any other
    standardized business form issued by you, even if such purchase order or
    other standardized business form provides that it takes precedence over
    any other agreement between the parties, shall be effective to contradict,
    modify, add to or delete from the terms of this Agreement in any manner
    whatsoever and all such terms are hereby objected to and rejected, except
    that, if you are a governmental user in a jurisdiction where contractors
    are legally required to comply with applicable laws in order to sell a
    software license to that user's governmental unit or entity, then we shall
    comply with such laws, provided that we are informed in writing of any
    such requirements in advance, provided that such requirements do not
    conflict with any other laws applicable to our business operations, and
    provided further that this provision may not be used to change the nature,
    scope, or duration of the rights you receive in the Programs, our
    maintenance obligations, the financial terms of sale, or the rights,
    obligations, warranties, or liabilities of our licensors. Any
    acknowledgment, in any form, of any such purchase order or standardized
    business form is not recognized as a subsequent writing and will not act
    as acceptance of such terms.


                              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.

1.  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.

2.  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.

3.  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
    non-classroom 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.

4.  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, https://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.

5.  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.

6.  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.

7.  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.

8.  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.