Date of the last revision: July 27th, 2020

AGILICITY
Software Use Rights and Support Terms Supplement

This Software Use Rights and Support Terms Supplement (the “Supplement”) is a legal agreement between You (either an individual or a single entity) and AGILICITY d.o.o. (“AgiliCity”) for the support services of the Software.

It also details allowed use and expiration of different license types.

1. SERVICES

In accordance with this concluded Supplement, the End User License Agreement and other documentation provided by AgiliCity, You as a licensee are entitled to AgiliCity’s support services for the Software.

2. DEFINITIONS

Software – The Software consists of a computer program Modelur and a license file, which activates the Modelur computer program and any associated documentation provided with the Software.

Allowed use – You are permitted hereunder to use all capabilities of the Software subject to the terms and conditions contained herein, in the End User License Agreement and other documentation provided by AgiliCity and subject to any limitations as to number of installations and the number of people permitted to use the Software concurrently. The Software may be provided with internal or external controls that preclude use except within such agreed limitations.

Early Access Program – From time to time, AgiliCity, at its own discretion, may provide You with Beta or similar prerelease versions of the Software that are not public and are still under development or access to services, including but not limited to scripts, code snippets, utilities, configuration profiles, sample code, troubleshooting applications and bug submission tools (collectively, the “Pre-Release Software”). All use of such Pre-Release Software shall be pursuant to the terms and conditions of this Supplement, the User Agreement and any license agreement accompanying such Pre-Release Software.

Basic Online Support – Software guides, videos and other learning material in an online form.

Regular Email Support – Email support from Monday till Friday (excluding work-free days), with two (2) business days response time.

Priority Email Support – Email support from Monday till Sunday, with response time of twenty-four (24) hours.

Live Call Support – Live technical support via online video conferencing services, available from Monday till Friday (excluding work-free days) between 9AM and 3PM CET.

Live Online Video Training – Live training via online video conferencing services, available from Monday till Friday (excluding work-free days) between 9AM and 3PM CET.

Non-commercial use – The use of the Software solely for learning, education or research which excludes, without limitation, any use of the Software for, as part of, or in any way in connection with a product (including Software) or service which is sold, transferred, offered for sale, assigned, licensed, leased, loaned or rented.

3. LICENSE TYPES

3.1. COMMERCIAL USE

3.1.1. INDIVIDUAL

Allowed use: – One (1) person at all times on one (1) computer
– Not transferable to other persons
Allowed activations: – Monthly and Quarterly subscriptions:
One (1) computer
– Annual subscription:
Two (2) computers
Support services: – Basic Online Support
– Priority Email Support
– Free Software updates
– Early Access Program
License expiration: – Monthly subscription:
One (1) month after the purchase date
– Quarterly subscription:
Three (3) months after the purchase date
– Annual subscription:
One (1) year after the purchase date
Feature limits and capability restrictions: None
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation with Monthly and Quarterly subscriptions
Notes:

3.1.2. FLOATING

Allowed use: – Team License:
Three (3) concurrent users
– Office License:
Ten (10) concurrent users
Allowed activations: – Team License:
Ten (10) computers
– Office License:
Thirty (30) computers
Support services: – Basic Online Support
– Priority Email Support
– Live Online Video Training (upon request)
– Free Software updates
– Early Access Program
License expiration: One (1) year after the purchase date
Feature limits and capability restrictions: None
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: Custom packages available upon request

3.1.3. ENTERPRISE

Allowed use: Number of concurrent users that is equal or less than the number of purchased activations
Allowed activations: – Non-capped: Unlimited*
– Capped: Purchased Number of activations
Support services: – Basic Online Support
– Priority Email Support
– Live Call Support
– Live Online Video Training (upon request)
– Free Software updates
– Early Access Program
License expiration: One (1) year after the purchase date
Feature limits and capability restrictions: None
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: – Available only as a minimum pack of twenty-five (25) activations
– Additional activations can be added only in bulk of five (5)
– If at any time during the Term, the number of activations exceeds the number of purchased activations, the difference is rounded upwards to the nearest number including additional bulk of five (5) activations
– By default number of allowed activations is Non-capped, but can be capped to the purchased Number of activations upon request* If the number of activations during the Term exceeds purchased Number of activations, AgiliCity is entitled to back charge the surplus of activations (accounted in the bulk of five (5)) in the next Term and do so based on the fees as set forth in the Purchase Order

3.2. NON-COMMERCIAL USE

3.2.1. EDUCATIONAL

Allowed use: – Semester and Annual subscriptions:
Twenty-five (25) concurrent users
Allowed activations: – Semester and Annual subscriptions:
Fifty (50) computers
Support services: – Basic Online Support
– Free Software updates
License expiration: – Semester subscription:
Six (6) months after the purchase date
– Annual subscription:
One (1) year after the purchase date
Feature limits and capability restrictions: – Number of buildings for which Urban Control Indicators can be exported to CSV file is limited
– Number Land Uses that can be added is limited
– Limited number of OpenStreetMap imports is allowed
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: – Locking of this license to a range of public IP addresses of the Institution making the purchase is a requirement
– Custom packages available upon request

3.2.2. TUTOR

Allowed use: – One (1) person at all times on one (1) computer
– Not transferable to other persons
Allowed activations: Two (2) computers
Support services: – Basic Online Support
– Free Software updates
License expiration: – Semester subscription:
Six (6) months after the purchase date
– Annual subscription:
One (1) year after the purchase date
Feature limits and capability restrictions: None
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: – The license comes as a part of an Educational License purchase, but does not need to be locked to any public IP addresses
– It expires under the same terms as the Educational License to which it belongs

3.2.3 STUDENT

Allowed use: – One (1) person at all times on one (1) computer
– Not transferable to other persons
Allowed activations: One (1) computer
Support services: – Basic Online Support
– Free Software updates
License expiration: One (1) year from the date the license key was issued
Feature limits and capability restrictions: – Number of buildings for which Urban Control Indicators can be exported to CSV file is limited
– Number of editable Land Uses is limited
– Limited number of OpenStreetMap imports is allowed
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: – Before being able to purchase the license, a student is required to present a proof of enrollment in an university or faculty in the form of scan of a student identity or similar card (eg. ISIC)
– The proof of enrollment should be submitted in English and if such a documentation is not in English, a translation to English must also be provided, otherwise the license purchase application will result in automatic rejection
– The translation of proof of enrollment documentation may be done by the student themselves

3.2.4. DEMO

Allowed use: Five (5) concurrent users
Allowed activations: Fifteen (15) computers
Support services: – Basic Online Support
– Free Software updates
License expiration: Thirty (30) days from the date the license key was issued
Feature limits and capability restrictions: None
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: After the expiration of this license, continued use of the Software is possible only with one of the commercial types of license.

3.2.5. TRIAL

Allowed use: – One (1) person at all times on one (1) computer
– Not transferable to other persons or computers
Allowed activations: One (1) computer
Support services: – Basic Online Support
– Free Software updates
License expiration: Twenty-one (21) days from the date the license key was issued
Feature limits and capability restrictions: – Number of buildings for which Urban Control Indicators can be exported to CSV file is limited
– Number of editable Land Uses is limited
– Limited number of OpenStreetMap imports is allowed
– Proximity check and HeadsUp Display of Urban Control Indicators are time constrained
– Limited number of Complex/Mixed-use Buildings can be created
– Number of Building’s heights that can be randomized is limited
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: After the expiration of this license, continued use of the Software is possible only with one of the commercial types of license

3.2.6. VIEWER

Allowed use: Number of concurrent users that is equal or less than the number of allowed activations
Allowed activations: Ten (10) computers
Support services: – Basic Online Support
– Free Software updates
License expiration: One (1) year from the date the license key was issued
Feature limits and capability restrictions: Only capabilities that enable viewing and not editing data from the models produced by the Software are available
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: – The intent of this license is to provide a free mechanism to access and view data from the existing models produced by the Software
– The commercial exploitation of products created using the Software is allowed only and if the product being accessed was created or modified using any of the commercial types of licenses for the Software

3.2.7. NOT FOR RESALE

Allowed use: Three (3) concurrent users
Allowed activations: Ten (10) computers
Support services: – Basic Online Support
– Free Software updates
License expiration: One (1) year from the date the license key was issued
Feature limits and capability restrictions: None
Internet connectivity requirements: – One time for the license activation
– Continuous for the Software operation
Notes: After the expiration of this license, continued use of the Software is possible only with one of the commercial licenses