(ii) Academic License: If, in Licensor's sole discretion given the totality of the circumstances surrounding Licensor's provision of the Program(s), Licensee is licensing the Program(s) for educational purposes ("Academic License"), then Licensee agrees as follows: Licensee will not use or permit the use of the Academic Licenses for competitive analysis (such as benchmarking) or for any commercial purposes, including but not limited to consulting.
The analysis work performed with the Academic Licenses must be non-proprietary work.
Licensee and its employees and Contract Users using the Academic Licenses must be or be affiliated with an academic facility. In addition to its employees and Contract Users, Licensee may permit individuals who are students at such academic facility to access and use the Academic Licenses, in which case such students shall be considered Contract Users.
Notwithstanding any terms of this Agreement to the contrary, Academic Licenses with a License Type of LAN may be accessed and used by Licensee at the Designated Site or any other location within a fifty (50) mile/eighty (80) kilometer radius of the Designated Site. Academic Licenses with Ansys Academic Multiphysics Campus Solutions and/or Academic Extended LAN in place (as may be identified in the License Form or Quotation) may be accessed and used by Licensee at the Designated Site or any other location within the same country as the Designated Site; provided, however that (i) such access and use is and shall remain subject to Export Laws, (ii) Licensee is expressly prohibited from accessing or using the Academic Licenses at or within any U.S. embargoed country or area; and (iii) access and use of the Academic Licenses shall be limited to Licensee's employees and Contract Users (including students) who are based and/or registered to attend classes at the Designated Site. Such limitations apply to any access and/or use of the Academic Licenses including, but not limited to, access via a VPN connection, cloud access or through license borrowing.
TECS for Academic Licenses will be provided at the sole discretion of Licensor and/or its Affiliates and Channel Partners. In the event TECS is provided, all Customer Support requests must be initiated via the Ansys Student Community.
Academic Licenses which contain the term "Associate" in the Program name may only be used for industry related research, degree and/or non-degree related research, student instruction, student projects, and student demonstrations.
Academic Licenses which contain the term "Research" in the Program name may only be used for degree and/or non-degree related research, student instruction, student projects, and student demonstrations.
Academic Licenses which contain the term "Teaching" or "EduPack" in the Program name, as well as the Ansys student product downloads available at www.ansys.com/students, may only be used for student instruction, student projects, and student demonstrations.
Academic Licenses which contain the term "Academic" or "Tools" but do not contain the terms "Associate," "Research," or "Teaching in the Program name assume the terms of use of the Academic License(s) that they are used with. When used as a standalone program, or if the Academic License is not associated with any other Academic Licenses, the Academic License may only be used for degree and/or non-degree related research, student instruction, student projects, and student demonstrations.
Academic Licenses which contain the term "Campus Solution" in the Program name contain combinations of Academic Research and Academic Teaching products and, as such, each of these component products must be used in accordance with the "Research" and "Teaching" terms of use described above.
Where Licensee is using the Program(s) for research projects, Licensee will, if requested by Licensor, submit a Case Study prior to the end of the License Term. The Case Study will be in English, contain a title and an abstract, and include: (1) the purpose of the study; (2) the approach used to conduct the study; (3) the results obtained; (4) the conclusion as to the results obtained versus the objective of the study; (5) how the Program(s) contributed to the study; (6) three color graphics of the model and meshes; and (7) the Program(s) input files or session log file.
Licensor separately makes available packages of open source software (hereafter, "Ansys Developer Tools") that allow users of the Ansys Developer Tools to develop applications that work in concert with Licensor's software products (hereafter, "Developer Apps"). Notwithstanding any use restrictions associated with an Academic License, which shall continue to otherwise apply, Licensor agrees that Licensee may use Academic Licenses for the additional purpose of testing any Developer Apps being developed by Licensee. For the avoidance of doubt, such testing purposes shall not include nor permit Licensee to (i) reverse engineer the Program(s), (ii) use the Program(s) to compare the performance, features or other components of any Program(s) to other software programs or otherwise engage in benchmarking activities, or (iii) use the Program(s) in connection with any evidence of use collection or litigation purposes.
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(a) In accordance with Section 11(b) or 11(c) below, Licensor may embed the Program(s) with compliance technology ("License Compliance Technology") provided by third-parties ("Technology Providers") that reports information to Licensor, as the controller of this information under applicable data protection laws. Information collected by the License Compliance Technology concerns unique user and network identification information related to the use of the Program(s) ("Identification Information"). Identification Information collected by the License Compliance Technology includes geographic location data, usernames, e-mail addresses, IP addresses, hostname, MAC addresses, and the domains from which the use of the Program(s) originated. Licensor's processing of such Identification Information for license compliance (collectively "Processing Activities") includes: Licensor's collection, use, and storage of the Identification Information to administer and enforce Licensor's license compliance program;
Licensor's transfer of the Identification Information to Licensor Affiliates;
Licensor's Affiliates' collection, use, and storage of the Identification Information to administer and enforce Licensor's license compliance program;
Licensor's transfer of the Identification Information to Channel Partners;
Channel Partners' collection, use, and storage of the Identification Information to administer and enforce Licensor's license compliance program;
Licensor's transfer of the Identification Information to global service providers who aid Licensor in the enforcement of its global license compliance program ("Service Providers");
Service Providers' collection, use, and storage of the Identification Information to administer and enforce Licensor's license compliance program;
Licensor's transfer of the Identification Information to Technology Providers;
The Technology Providers' collection, use, and storage of the Identification Information to administer and enforce Licensor's license compliance program; and
The transfer of such Identification Information to countries from which the Identification Information or use of the Program(s) originated. Licensor will retain such Identification Information for a period of time necessary to ensure license compliance program with the terms of this Agreement and/or verify that both the Programs and Licensee's use of the Programs are appropriately licensed and thereafter as long as it is necessary for compliance. Licensee acknowledges and agrees that any Identification Information collected under this Section 11 may be processed and stored outside of its country of origin, including in the United States. For a current list of Technology Providers, Subsidiaries, and Service Providers, information on your data protection rights (including, where applicable, your right to object against certain processing based upon legitimate interests), and more information on how Licensor uses the Identification Information please visit www.ansys.com/privacy. Licensee hereby represents and warrants that it shall provide sufficient notice to all users of the Program(s) (including Named Users and Contract Users) of Licensor's processing of the Identification Information, as described in this Agreement.
(c) For Licensees in the Republic of Korea, Licensor processes such Identification Information to ensure compliance with the terms of this Agreement and verify that both the Program(s) and Licensee's use of the Program(s) are appropriately licensed. Licensor and the Technology Providers process such Identification Information solely to determine if modifications to certain code files of the Program(s) have been made or if there is suspected or confirmed unauthorized access to or use of the Program(s). Licensee's acceptance of the terms of this Agreement shall evidence Licensee's explicit consent to the Processing Activities and the collection, use, and storage of the Identification Information as outlined above. Licensee's consent to these terms is voluntary. Licensee may withdraw consent at any time by (i) emailing privacy@ansys.com and rejecting these terms, and (ii) ceasing to the use the Program(s). Notwithstanding anything herein to the contrary, Licensee's continued use of the Program(s) shall evidence its acceptance to the terms of this Agreement. 2ff7e9595c
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