Academic user agreement of the simulation software COMSOL Multiphysics

The SCC has acquired an academic license from Comsol Multiphysics GmbH. This license allows only academic use of Comsol Multiphysics for members of KIT. Comsol Multiphysics GmbH understands academic use as follows:

The license(s) of the software COMSOL Multiphysics:

...

is/are used exclusively as an academic license within the meaning of the General Terms and Conditions (GTC) of Comsol Multiphysics GmbH, which supplements the Terms of Use of COMSOL AB (EULA):

" [...] 'Academic Licenses' are intended exclusively for research and education, consequently non-commercial use, and may only be installed at schools and universities. The use of COMSOL Multiphysics is strictly limited to teaching and non-commercial research. Results produced with academic licenses may not be used for commercial purposes. The lower-priced Academic Licenses are intended to promote pure research and education, but to prevent circumvention of higher-priced licenses for commercial exploitation. If misuse is detected, we will automatically charge the difference to our commercial list prices. To prevent misuse, the licensee is required to confirm these Terms of Use for Academic Licenses in writing and to demonstrably inform users of the Terms of Use.[...]"

... In concrete terms, this means:

1. Installation: Academic licenses may only be used on computers in academic institutions (i.e. universities, universities of applied sciences, vocational academies and general education schools). Any other installation is not allowed.

Use: Academic licenses may only be used for academic research and teaching. Any other use, especially for services or cooperation with industry or industry-related research institutes is not permitted.

3. for classroom licenses (CKL) applies additionally:

- Use is exclusively for teaching purposes and exercises in the context of course events or for bachelor's or master's theses. Academic research and doctoral theses are excluded.

- Support requests will only be answered for the teachers and the administrator of the license.

...

The complete contract can be found on the FTP server ftp://ftp.scc.kit.edu/pub/campus/COMSOL/.

s. https://www.comsol.de/sla

§ 1 - Scope of application

(1) Comsol Multiphysics GmbH ("Comsol") with its registered office in Göttingen, Germany, provides all deliveries and services
exclusively on the basis of these General Terms and Conditions (GTC). These general
Terms and Conditions also apply to future business transactions between the parties.
(2) We do not recognize any General Terms and Conditions of the customer that deviate in whole or in part from these General Terms and Conditions, unless we have expressly agreed to the General Terms and Conditions of the customer in writing. These terms and conditions shall also apply exclusively if we provide our deliveries and services without reservation in the knowledge of conflicting GTC of the customer.
(3) Comsol is entitled to change these GTC for future contracts at any time. Comsol will send the currently valid GTC upon request (info ∂does-not-exist.comsol de). The customer will receive the current GTC with the annual maintenance offer (CMM).

§ 2 - COMSOL Multiphysics Maintenance (CMM), hereinafter referred to as "Maintenance".

All COMSOL Multiphysics licenses mentioned below - except annual licenses and CATIA V5-
Import Module licenses - are perpetual licenses and include 12 months of maintenance from the date of purchase, consisting of support, free upgrade and update rights and access to our user portal (including model database, knowledge base, video tutorials and the community forum) at www.comsol.de. For 20% of the price valid on the renewal date, maintenance is extended for an additional year. For the CATIA
V5 module we charge 30% of the prices valid on the renewal date. Offers for maintenance renewals (CMM) will be sent to you automatically by e-mail two months before expiration. By ordering in time, you ensure seamless availability of both technical support and all program updates, providing the most cost-effective value-add to your software package.
If the period of free maintenance entitlement has expired, an additional fee will be charged. This consists of the CMM fee to be paid retroactively and a reinstatement fee.
Support Our technical support is designed to enable you to work efficiently with COMSOL Multiphysics. To this end, we also offer general technical support on how to use the program to help you with individual modeling questions. You can reach our support by phone, e-mail or via our web portal http://www.comsol.de/support. Support includes bugfixing and installation support as well as general technical support in economically reasonable effort. If you have any further questions, our support team will be happy to assist you in cooperation with our consulting partners.
Please note that we can only process support requests within the scope of maintenance if you provide a valid license number.
For a quick introduction to the software, we recommend our introductory courses on a wide variety of
topics: http://www.comsol.de/training/.

§ 3 - Software license sale

(1) Comsol sells the COMSOL software for use exclusively in accordance with the "COMSOL AB Software License Agreement".
Agreement" (End User License Agreement - EULA) in English language. Contractual partners are Comsol Multiphysics GmbH as licensor and the customer as licensee. This license agreement becomes part of the purchase contract, is enclosed with the software and can be requested from us in advance or viewed on the Internet at the following Internet address: www.comsol.de/sla.
(2) The provisions of these GTC shall prevail over provisions of the "COMSOL AB Software License Agreement", in particular transfer of the Software to third parties, rights in case of defects (warranty), liability, choice of law and jurisdiction according to German law. Any Comsol software purchased by the customer within the European Union (EU) and the European Economic Area (EEA) may be installed and used within the EU or EEA. License management (maintenance) is carried out by the Comsol representatives in the respective countries, therefore a transfer is made by consulting the Comsol branch office in the country of origin and destination.
(3) Forms of license
The conversion of computer or person-bound licenses is only possible during the maintenance period and a maximum of
2 times per year free of charge. The issuance of a new license file is only possible up to the penultimate COMSOL version. If the license is extended by additional modules, the maintenance periods of the existing license will be adjusted.

Academic License
"Academic licenses are exclusively for research and education, i.e. for non-commercial use.
use and may only be installed at schools and universities. Results created with academic licenses may not be used for commercial use. This does not include the permitted distribution of licensee applications created using the software, even for profit, unless the application was created pursuant to a contractual obligation. If misuse is detected, we will automatically charge the difference to our commercial list prices. To prevent misuse, the licensee is obliged to confirm these terms of use for academic licenses in writing and to demonstrably inform the users about the terms of use.

Single User License (CPU)
A CPU license is a single-user license that is bound to a specific computer (regardless of the operating system) and can only be used on that computer.
and may only be used on this computer. The license allows access to COMSOL Multiphysics
by all users known in the system (several instances of the program can be opened simultaneously). The possibility of remote access is not allowed.

Named UserLicense (NSL)
A NSL license (Named User Single License) allows one named user to install the software on up to four
individual computers and to use the software on two of these computers at the same time.

Network License (FNL)
The network license (FNL=Floating Network License) allows simultaneous use of the software for a specified number (number of network licenses) of users. The use of the license is not limited to specific users or operating systems. Installation of COMSOL software components on any computers in the network is allowed, provided that they are managed by the license server. All network licenses are clusterable (no restriction on the number of nodes and cores). Use across different countries is only permitted with the additional option "worldwide license".

Server License (CSL)
A server license (CSL=Comsol Server License) entitles a certain number of users to simultaneously
to use the software together with a licensee application or to use the software integrated into a hardware
in connection with a licensee application. Each user must have a CCL license (Comsol Client
License) to connect to an authorized CSL software. The CSL license allows a worldwide use, not only for own purposes, but also for purposes of third parties.

Classroom License (CKL)
A Classroom License is a network license for 30 student workstations of a classroom (CKL=Class Kit License) without cluster capability. Support requests for the CKL can only be made via lecturers, tutors or the CKL system administration.

Academic Server License (ASL)
The ASL allows up to 300 users to run 4 sessions of a COMSOL application simultaneously.
Support requests for the ASL can be made through the ASL license administration.

Annual licenses for commercial customers (TL)
For annual licenses (TL = Term License) we charge 65% of the currently valid list prices. For the conversion into a permanent license after 12 months we charge you the then current new purchase price of 100%.

Trial license
A free trial license is for evaluation purposes only and may not be used commercially, i.e. for productive use or for research purposes. It is time-limited and person-bound, unless otherwise agreed.

§ 4 - Hardware Bundles

COMSOL Multiphysics offers, in addition to pure software packages, coordinated pre-installed systems (hardware and software). We have suitable systems for mobile use, workstations or server systems.
For systems with products from Fujitsu, the license terms apply to the product-specific software and the support terms from Fujitsu apply to the product support. These terms become part of the purchase contract and can be requested from us in advance or can be obtained in the For the software from COMSOL on these pre-installed systems, the terms of these GTC apply. The return policy of Fujitsu for these systems is excluded. A liability regulation in the offer of Comsol Multiphysics GmbH has priority over these GTC.

§ 5 - Cooperation obligations of the customer

The customer will support Comsol in the performance of services. These obligations to cooperate are part of the essential contractual obligations of the customer for the purpose of the contract. These include:
a) The notification of changed hardware data, if necessary, for the adjustment of license codes.
b) Immediate notification of the change of or information about other users of the licensed COMSOL packages (name, address, telephone, e-mail) for the authorization of support requests.
Failure to comply with the obligations to cooperate will result in loss of the right to maintenance.
c) Immediate reporting of misuse.
In the event of proven misuse, an automatic subsequent charge of the corresponding license price will be made
subject to the actual claims to be determined by court.

§ 6 - Training / Coaching

Courses Comsol offers a comprehensive training program for all COMSOL products and advanced topics, which is suitable for both beginners and advanced COMSOL users. The training offering includes training at our worldwide locations, on-site training at your location, and webinars. You can find the current courses at www.comsol.de/training.
We will be happy to provide you with an individual offer.

§ 7 - Conclusion of contract and remuneration

(1) All offers and prices are subject to change. The prices are subject to the applicable sales tax.
(2) The contract with the customer only comes into effect with the written confirmation of the order by Comsol or with the shipment of the ordered goods.
(3) All services will be invoiced immediately, including partial services and future service packages. Invoices from Comsol are due for payment 10 days after the invoice date without deduction. Please quote our quotation number when placing an order.
(4) The customer is only entitled to set-off if his claim is undisputed or has been legally established.
The customer is only entitled to assert a right of retention insofar as his counterclaim is based on the same contract and is undisputed or legally established.

§8 - Delivery and retention of title

(1) Comsol will provide the deliveries of its products owed in accordance with the contract within the contractually
agreed delivery periods. In the absence of an express agreement, all delivery periods are approximate periods. They are subject to correct and punctual self-delivery and are extended independently of this by the period in which Comsol is prevented by circumstances for which it is not responsible (e.g. industrial disputes, force majeure or comparable circumstances) from executing the delivery of the products on schedule. Comsol will always inform the customer of foreseeable delays and will endeavor to deliver the products on time.
(2) If the customer is an entrepreneur and if the shipment of products has been agreed, the risk of accidental loss or accidental deterioration is transferred to the customer when the products are handed over to a transport company.
(3) The goods remain the property of Comsol until full payment has been made. The customer is entitled to resell the goods subject to retention of title in the normal course of business. In this case, however, the customer already now assigns to us all claims from such a resale in the amount of the invoice value of our claim. The customer shall remain entitled to collect these claims as long as he duly meets his payment obligations and no application for the opening of insolvency or similar proceedings has been filed. Insofar as the securities exceed the claims to be secured by more than 10%, we shall be obliged to release the securities at our discretion upon your request.

§9 - Passing on the software to third parties

The customer as licensee may only pass on the purchased software to third parties if (i) the customer completely deletes the software (including all backup copies and license keys) from its premises, (ii) the customer submits a written de-installation declaration to Comsol with its name, the license number and the name and address of the purchaser and (iii) the purchaser undertakes to comply with the license conditions (see § 2 GTC and license agreement) to Comsol before passing on the software. The customer will expressly inform the purchaser of this before passing on the software.

§10 - Rights in the event of defects

(1) Comsol guarantees that the goods essentially perform the functions described in the supplied documentation upon receipt.
provided that it is used in accordance with the minimum requirements for the operating system and the computer hardware. Minor deviations from the functions described in the documentation do not constitute grounds for a warranty claim. Other documents and statements are irrelevant for the condition of the product.
(2) Customers who are entrepreneurs shall inspect the contractual conformity of the delivered products immediately upon receipt and shall notify us without delay of any obvious defects discovered in the process. If the timely inspection or notification of defects is missed, the delivered goods shall be deemed approved, unless the defect was not recognizable during the inspection. Defects discovered later shall also be notified to us without delay; otherwise the goods shall be deemed approved also with regard to these defects. The notification of defects must be made in writing and must precisely describe the defect complained of. In all other respects, §§ 377 et seq. of the German Commercial Code (HGB) shall apply to entrepreneurs.
(3) For customers who are companies, Comsol will provide a warranty within one year for defects in the product at
product at our discretion by means of supplementary performance (rectification or replacement). There is no warranty for test licenses.
warranty.

§11 - Limitation of liability

(1) Comsol is liable for intent and gross negligence, as well as for personal injury, quality and
manufacturer's guarantees and in accordance with the product liability law. Comsol is only liable for simple negligence if
an obligation is violated, the fulfillment of which is of particular importance for the achievement of the contractual goal (cardinal obligation) and
(cardinal obligation) and such damage was typically foreseeable. Any further liability is
excluded. In the case of test licenses, liability is also excluded for damage caused by simple negligence.
(2) Liability for data loss shall be limited to the typical recovery effort that would have occurred if backup copies had been made regularly and in accordance with the risk.
(3) The limitation of liability for COMSOL Multiphysics also applies to the personal liability of our employees in case of their direct claim by the Customer.

§12 - Final clauses

(1) Amendments or supplements to the GTC or the Contract shall be made in writing, as well as the waiver of the written form requirement and shall be received by the Customer at the latest with the maintenance offer (CMM). In the event of deviations between the prices stated in these GTC and the general price list of Comsol, the prices of the current price list of Comsol will apply.
(2) Contracts concluded by Comsol on the basis of these general terms and conditions are subject exclusively to the laws of the
Federal Republic of Germany to the exclusion of the International Private Law (EGBGB) and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) The exclusive place of jurisdiction for all disputes arising from the contract is Göttingen if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany.
(4) If any provision of this contract is invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
provisions shall remain unaffected thereby. The invalid provision shall be deemed to have been replaced by a valid provision which
which comes closest to the economic purpose of the invalid provision. This shall also apply to any loophole in the contract.