Prelimina Licence Agreement

Version 1.0 · 23 September 2026 · Plain-text copy

Copyright (c) 2026 PLASMICA d.o.o.

Licensor and owner of the Prelimina intellectual property:

PLASMICA d.o.o.
R. Boškovića 32, 21000 Split, Croatia
VAT-ID: HR57846556748
Licensing and legal enquiries: licensing@prelimina.com

1. Scope and agreement

This agreement is between PLASMICA d.o.o. ("PLASMICA", "we") and the person or organisation exercising rights under it ("you"). It covers Prelimina software supplied with this agreement, including its GUI, command-line tools, first-party libraries, runtime resources, documentation, and any source code, updates, or maintenance releases we make available under these terms (the "Software"). Third-party materials and materials expressly supplied under a separate licence are governed by their own terms.

By installing, running, copying, modifying, or distributing the Software after this agreement has been made available to you, you agree to its terms. If you act for an organisation, you must have authority to bind it. If you do not agree, do not exercise the permissions granted here. Merely receiving a copy does not by itself mean you accept. Mandatory cancellation and refund rights remain unaffected.

2. Free noncommercial licence

Subject to this agreement, PLASMICA grants you a worldwide, non-exclusive, royalty-free licence to use the Software for any lawful noncommercial purpose. You may install, run, study, test, copy, modify, create derivative works from, and redistribute the Software for such purposes. You may automate it, combine it with other software, and make it available to others for noncommercial use.

There are no licence-imposed limits on users, installations, computing capacity, simulation size, or duration of noncommercial use. No purchase, subscription, academic affiliation, or separate permission from PLASMICA is required for use that meets this section. This grant does not require PLASMICA to supply source code, updates, support, or functionality not included in the supplied Software.

"Noncommercial" means that the activity is not directed towards commercial advantage or monetary compensation for you or anyone else. Examples include personal projects, hobbies, independent learning, teaching, and research that does not serve a commercial purpose. An organisation's name, legal form, or non-profit status does not determine whether a particular activity is noncommercial. Ordinary academic salaries, tuition fees, public funding, or research grants do not by themselves make teaching or research commercial; the purpose and intended use of the work determine that.

When you share the Software or a derivative, include this agreement and retain applicable copyright and third-party notices. Clearly identify modifications and do not present a modified version as an official PLASMICA release. The Prelimina material in your distribution, including adaptations of that material, must remain subject to these terms; you cannot grant commercial rights to it on PLASMICA's behalf. Separately identifiable independent material retains its own licence. Recipients receive the noncommercial permission directly from PLASMICA under this agreement and need their own entitlement for commercial use.

3. Commercial use requires a paid entitlement

Before any commercial use, you must purchase a commercial licence or subscription from PLASMICA or an authorised seller that covers that use. Being able to download or run the Software without a key is not permission for commercial use.

Commercial use includes:

• Work for a business or professional activity, including internal analysis, design, development, optimisation, testing, training, or procurement evaluation.
• Consulting, contract work, or other services for commercial benefit, including work delivered to a commercial client without a separate charge for Prelimina.
• Developing, validating, manufacturing, marketing, or supporting products or services intended for sale or other commercial exploitation.
• Research intended to benefit a commercial activity, including sponsored work that provides a commercial sponsor with proprietary deliverables or advantages.
• Selling or commercially licensing the Software or its derivatives, or offering access through a commercial hosted service or an embedded commercial product.
• Selling simulation outputs, or using outputs to support any of the commercial activities described above.

A free delivery, a lack of profit, an unpaid assignment, or calling work "evaluation" or "research" does not make an otherwise commercial activity noncommercial. Commercial use of outputs originally generated for a noncommercial purpose also requires an entitlement covering that use before the commercial use begins. Buying a licence later does not automatically authorise earlier unlicensed commercial activity.

The accepted order or separate commercial agreement identifies the licensee, permitted activities, covered versions, quantities or capacity, term, fees, and any purchased services. A subscription permits commercial use only during its active term. A perpetual licence permits continued commercial use of the covered versions within its agreed scope. Resale, commercial redistribution, embedding, and hosted access must be expressly covered by the commercial agreement; an ordinary commercial-use licence does not itself grant them.

The warranty exclusions, validation responsibilities, and liability provisions below also apply to paid use unless an express written agreement with PLASMICA changes them. Payment alone is not a promise of accuracy, certification, support, updates, or suitability. After a commercial entitlement ends, you may continue genuinely noncommercial use under section 2 if you comply with this agreement. Contact licensing@prelimina.com to obtain a commercial entitlement or clarify the scope of an intended use.

4. Intellectual property and third-party rights

PLASMICA retains ownership of the first-party Software and its intellectual property. You receive only the permissions expressly granted by this agreement or a separate agreement with PLASMICA. This is a noncommercial licence, not an open-source licence granting unrestricted commercial use. It does not transfer ownership or grant a general right to use PLASMICA or Prelimina trademarks, except to identify the Software accurately and reproduce required notices.

Third-party components belong to their respective owners. Their own licences and notices, including those in THIRD_PARTY_LICENSES.md and other accompanying notices, govern those components. Nothing here restricts rights they grant, including any commercial-use, modification, redistribution, or source-access rights. When redistributing such components, comply with their licences.

Nothing in this agreement restricts rights that mandatory law gives you, including any protected rights to observe, study, test, make backups, achieve interoperability, decompile, or transfer a lawfully acquired copy.

5. Your data and results

You retain your rights in your inputs, projects, designs, and outputs. PLASMICA does not acquire ownership of them merely because you use Prelimina. This agreement gives PLASMICA no permission to publish your data or use it to train AI models. You are responsible for having the rights needed for the data and materials you use and share.

You may retain, copy, publish, and share results within the scope of the entitlement under which they are used. Outputs lawfully produced under a commercial entitlement may continue to be used and supplied to clients after that entitlement expires; no continuing subscription is required solely to use those outputs. Running further commercial simulations still requires a valid commercial entitlement. Giving someone outputs does not give them a commercial licence to run the Software. Outputs created under section 2 remain subject to the commercial-use requirement in section 3.

Your obligations concerning commercial use of outputs are contractual obligations owed to PLASMICA. They do not give PLASMICA ownership of your outputs or automatically bind someone who has not agreed to them.

You may publish reviews, benchmarks, and noncommercial research results without our approval. No publication or citation obligation is imposed by this agreement. Do not falsely claim PLASMICA endorsement or certification.

6. You must independently verify results

Prelimina is a computational tool. Simulations are approximations and may contain modelling, numerical, implementation, input, hardware, or interpretation errors. A completed run, low residual, converged solver, plausible image, or comparison between designs does not establish physical correctness, safety, compliance, or fitness for an intended use.

You are solely responsible for:

• Selecting and checking models, assumptions, geometry, units, material data, initial and boundary conditions, resolution, time steps, and solver settings.
• Checking applicable limitations, convergence, sensitivity, numerical error, and the relevance of the model to the physical problem.
• Independently validating results against suitable analytical solutions, experiments, measurements, or other reliable evidence before relying on them.
• Obtaining qualified professional review, certification, approvals, and other checks required for your intended application.
• Decisions, designs, products, services, publications, and actions based on the Software or its outputs, including their safety and regulatory compliance.
• Protecting your data, keeping backups, and checking exported or transferred results before use.

The Software and any assistance from PLASMICA do not replace your professional judgment or independent verification. Do not rely on the Software as the sole basis for a safety-critical decision. Unless expressly agreed in writing, the Software is not supplied as a certified safety system or a substitute for required engineering approval. You assume the risks of your use and reliance to the fullest extent permitted by law. This allocation of responsibility does not remove obligations or liability that the law does not permit us to exclude.

7. No warranty or service commitment

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, DOCUMENTATION, OUTPUTS, UPDATES, AND ANY ASSISTANCE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, GUARANTEE, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. PLASMICA DISCLAIMS, TO THAT EXTENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION.

We do not warrant that the Software or any result is correct, that defects will be corrected, or that it will meet your requirements or work with every system. No demonstration, example, benchmark, documentation, or informal advice creates an additional contractual warranty. Alpha, beta, preview, and experimental features may be incomplete or change, including their formats and behaviour.

Except where a separate written agreement or mandatory law requires otherwise, PLASMICA has no obligation to provide maintenance, support, updates, continued availability, compatibility, or a particular response time. These exclusions apply to free and paid use alike. They do not override express commitments in an accepted commercial agreement or mandatory statutory rights.

8. Exclusion of liability and mandatory exceptions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLASMICA AND ITS DIRECTORS, EMPLOYEES, CONTRIBUTORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COST, OR OTHER LIABILITY ARISING FROM OR CONNECTED WITH THE SOFTWARE, ITS USE OR INABILITY TO BE USED, OR RELIANCE ON ITS OUTPUTS OR ANY ASSISTANCE. THIS EXCLUSION COVERS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITIES, SAVINGS, DATA, OR GOODWILL; BUSINESS INTERRUPTION; AND COSTS OF REPLACEMENT, REWORK, FAILED DESIGNS, OR PROCUREMENT. IT APPLIES REGARDLESS OF THE LEGAL BASIS OF THE CLAIM, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, AND EVEN IF THE POSSIBILITY OF SUCH LOSS WAS KNOWN OR ADVISED.

Nothing in this agreement excludes or limits liability for fraud, intentional misconduct, or gross negligence, or for death or personal injury where exclusion or limitation is unlawful. Nor does it exclude or limit any other liability, statutory guarantee, remedy, or consumer right that applicable law does not allow to be excluded or limited. In particular, applicable mandatory rights concerning digital-content conformity, necessary updates, repair, price reduction, termination, withdrawal, and refunds remain unaffected. These mandatory protections prevail over every other provision of this agreement.

9. Duration and termination

The noncommercial permission has no fixed expiry for the version supplied under this agreement. It continues while you comply with these terms. PLASMICA may terminate that permission for a material breach by written notice. For a breach that can be remedied, the notice must allow 30 days to remedy it before termination. This remedy period does not authorise continued unlicensed commercial use. Commercial entitlements also follow their agreed duration and termination terms.

On termination, stop the activities no longer authorised and delete copies for which you have no surviving permission, subject to mandatory retention rights. You may retain your own inputs and lawfully generated outputs, subject to the use rights in sections 3 and 5. Termination of your permission does not by itself terminate the permissions of compliant recipients of copies you previously distributed. Provisions concerning ownership, outputs, responsibility, warranty, liability, accrued obligations, and disputes survive as applicable.

10. Governing law and other terms

Croatian law governs this agreement. For disputes with a business licensee, the competent courts in Split, Croatia have exclusive jurisdiction, unless a separate agreement provides otherwise. Consumers retain the mandatory protections and rights to bring or defend proceedings in the courts available under applicable law, including mandatory protections in their country of habitual residence.

You must comply with applicable export-control and sanctions laws when using, exporting, re-exporting, or transferring the Software.

An individually agreed written contract with PLASMICA takes precedence to the extent of an express conflict, followed by expressly agreed commercial order terms, then this agreement. Third-party licences and mandatory law prevail where applicable. A later website notice or licence version does not retroactively change rights already granted for a supplied version. New terms may accompany future versions or purchases.

If a provision is unenforceable, the remaining provisions continue to the extent lawful. A failure to enforce a provision is not a waiver. Send licensing questions, legal notices, and complaints to licensing@prelimina.com or the PLASMICA postal address above.