LICENSE AGREEMENT for CPLEX Student Edition for AMPL Software 1. The CPLEX Student Edition for AMPL Software ("software") is provided by ILOG, Inc. ("ILOG") and is subject to the following terms and conditions. By downloading, accessing or using the software in any manner, you are agreeing to these terms and conditions. 2. ILOG is not responsible in any way for (i) the accuracy, completeness, performance, timeliness, reliability, content, or upgrades for any software received; (ii) loss or damage to your records, data, hardware, software, networks, and the like resulting from your use of the software; or (iii) your use of, or results obtained from, and software received. 3. The software may be protected by copyright laws and treaties, and title and related rights in the software is the property of the applicable content owner as protected by such laws or treaties. Furthermore, all title, ownership rights and intellectual property rights in any information and/or software owned by ILOG shall remain with ILOG. This Agreement gives you no right, except as specifically set forth herein, in any software. 4. ILOG has no obligation to support the software and/or any corresponding document, if provided. To the extent permitted under applicable law, access to and all software provided to you are provided "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY. ILOG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM YOUR USE of the Site. Some States and other jurisdictions do not allow for the exclusion or limitation of implied warranties so the above exclusions or limitations may not apply to you. You may also have other rights which vary from State to State. 5. You acknowledge that your use of the software and/or any corresponding documentation, if provided, may be subject to United States export laws and regulations and you agree not to use the software and/or export, transmit, use, transfer or distribute any corresponding documentation, if provided, except in full compliance with the export laws and regulations of the United States of America. 6. ILOG welcomes any feedback, suggestions, modifications, or any reports on bugs or errors (collectively "feedback") regarding the software. You agree that any and all such feedback you provide to ILOG shall be of a non-confidential nature. Further, you grant ILOG and its affiliates an irrevocable license under all necessary rights (including, but not limited to, all intellectual property rights) to use, modify, copy, distribute, sublicense, display, perform and prepare derivative works of such feedback for any purpose without payment or accounting to you of any kind, in perpetuity. 7. ILOG may, at any time, with or without notice, modify, change, move, or withdraw the software and/or this Agreement, in whole or in part.