End User Licence Agreement
Version 1.4
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NABLA END USER LICENSE AGREEMENT
(TERMS AND CONDITIONS OF USE)
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Nabla - 2D Finite Element Method (FEM) software for electromagnetic and
thermal field simulation.
Published by Pontus Materials, a sole trader business carried on by
Inga Tuzovskaya, of 23 Palmers, Wantage, Oxfordshire, OX12 7HA, United Kingdom,
trading as "Nabla".
Agreement version 1.4
Last updated: 9 September 2026
Supersedes: version 1.3 of 28 August 2026
Two further documents accompany this Agreement. Both are installed alongside it
and both are published on our website:
REFUNDS.txt Refund and Cancellation Policy.
https://www.nabla-fem.com/refunds.html
Forms part of this Agreement - see clause 8.
PRIVACY.txt Privacy Notice: what personal data we process, and why.
https://www.nabla-fem.com/privacy.html
A notice, not a contract term - see clause 14.
IMPORTANT - READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This End User License Agreement (the "Agreement") is a binding legal contract
between you, either an individual or the legal entity you represent (the
"Licensee" or "you"), and Pontus Materials, a sole trader business carried on
by Inga Tuzovskaya of 23 Palmers, Wantage, Oxfordshire, OX12 7HA, United
Kingdom, trading as "Nabla" (the "Licensor", "we" or "us"), governing your use
of the Nabla software and its accompanying documentation (together, the
"Software").
By installing, copying, activating, or otherwise using the Software, you
confirm that you accept this Agreement and agree to be bound by it. If you do
not agree, do not install or use the Software; if you have already installed
it, uninstall it and delete all copies in your possession.
If you are entering into this Agreement on behalf of a company or other legal
entity, you represent that you have the authority to bind that entity, and
"you" refers to that entity.
Licenses are sold through our authorised reseller, Paddle, which is the
merchant of record for those sales. Clause 7 explains what that means, and
clause 8 and the Refund and Cancellation Policy explain your refund and
cancellation rights.
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1. DEFINITIONS
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1.1 "Software" means the Nabla application (graphical user interface), the
Nabla solver executable, the Nabla Python API and MCP server, the bundled
material library, the documentation and user manual, and any updates,
upgrades, patches or supplements to any of the foregoing that we supply
to you under this Agreement.
1.2 "Module" means one of the separately licensable functional units of the
Software listed in clause 3.1.
1.3 "Entitlement" means the set of Modules, limits and dates that a particular
License Token grants.
1.4 "License Key" means the alphanumeric key in the form NBL-XXXX-XXXX-XXXX-XXXX
that we issue to you on purchase.
1.5 "License Token" means the cryptographically signed license file (extension
.nblic) that records your Entitlement and, for a node-locked Seat, binds it
to a particular computer.
1.6 "Host Fingerprint" means the set of salted, one-way hash values that the
Software derives from stable characteristics of a computer in order to bind
a node-locked Seat to it.
1.7 "Seat" means one authorisation to run the Software, granted to one named
individual. Every Seat is node-locked: it is bound to a computer by Host
Fingerprint, as stated in your License Token. We do not currently offer
concurrent-use ("floating") licensing.
1.8 "Free Tier" means the mode in which the Software operates when no valid
License Token is present, as described in clause 3.3.
1.9 "License Term" means the period for which your License Token is valid, as
stated in that License Token and in your order confirmation.
1.10 "Maintenance Date" means, for a perpetual license, the date up to which you
are entitled to run builds of the Software released on or before that date
(recorded in the License Token as maintenance_until).
1.11 "Your Content" means the models, geometry, meshes, materials, scripts,
simulation results, reports and other data that you create, import or
generate using the Software.
1.12 "Third-Party Components" means the software components licensed by third
parties that are distributed with, or used by, the Software, as described
in clause 15.
1.13 "Academic License" means a license issued free of charge under clause 3.4.
1.14 "Academic Institution" means a university, college, school or other
educational establishment that is accredited or recognised as such by the
competent authority of the country in which it operates, or a publicly
funded, not-for-profit research institute.
1.15 "Commercial Purpose" means any use of the Software that is intended to
produce, or that contributes to producing, revenue, commercial advantage or
private monetary gain, for you or for any third party. Commercial Purpose
includes, without limitation:
(a) designing, developing, analysing, validating or improving any product,
component or process that is sold, licensed, leased or otherwise
supplied commercially, or that is intended to be;
(b) consultancy, contract research, testing or analysis carried out for, or
paid for by, a commercial entity, whether or not at a profit;
(c) research whose results are, by agreement, to be kept confidential to,
or exclusively exploited by, a commercial sponsor;
(d) production of any report, drawing, calculation or certification that is
supplied to a client, customer or regulator in the course of a trade,
business or profession; and
(e) use in the internal operations of any commercial entity.
Use is not a Commercial Purpose merely because results are published, a
publication attracts a fee, a grant funds the work, or a student is later
employed on the strength of it.
1.16 "Reseller" means Paddle.com Market Limited, a company registered in England
and Wales, or such other company in the Paddle group as is identified as
the seller on your order confirmation and receipt (together, "Paddle").
Paddle is our authorised reseller and the merchant of record for sales of
the Software made through the online checkout.
1.17 "Paddle Buyer Terms" means Paddle's terms and conditions applicable to
buyers, published at https://www.paddle.com/legal/buyer-terms, as they
apply to your purchase.
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2. LICENSE GRANT
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2.1 Subject to your compliance with this Agreement and, where the Software is
supplied for a fee, subject to payment of that fee, we grant you a
non-exclusive, non-transferable, non-sublicensable, revocable license, for
the License Term, to:
(a) install and use the Software on the number of computers corresponding
to the number of Seats you have been granted;
(b) use only those Modules included in your Entitlement, within the limits
recorded in your License Token; and
(c) make a reasonable number of copies of the Software solely for backup
and archival purposes, provided that all proprietary notices are
reproduced on each copy.
2.2 The Software is licensed, not sold. All rights not expressly granted in
this Agreement are reserved by us and our licensors.
2.3 Nothing in this Agreement transfers to you any ownership of the Software or
of any intellectual property right in it.
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3. MODULES, TIERS AND ENTITLEMENTS
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3.1 Modules. The Software is functionally divided into the following Modules.
Your order confirmation states which of them your Entitlement includes, and
the current set is always visible in the Software under Help > About.
CORE
2D magnetostatic and transient magnetic analysis, planar and
axisymmetric formulations, first-order (P1) elements, external circuit
coupling, a single motion zone, and the material editor and material
curve-fitting tools.
CORE PRO
Time-harmonic analysis, second-order (P2) quadratic elements,
far-field (balloon) boundary conditions, more than one simultaneous
motion zone, and Crank-Nicolson time integration. Includes CORE.
MACHINES
Parametric electric machine builders (PMSM and induction machine
topologies), winding tools, rotor and stator skew, and the machine PDF
report. Includes CORE.
PERFORMANCE
Efficiency and loss maps, performance and torque-speed curves, MTPA
and MTPV analysis, induction machine equivalent-circuit extraction, and
demagnetisation risk analysis. Requires and includes MACHINES (and
therefore CORE).
THERMAL
Steady-state and transient heat-conduction analysis, thermal boundary
conditions and heat sources. Includes CORE.
AUTOMATION
The Nabla Python API, the Nabla MCP server, and headless or batch
execution of the Software. Includes CORE.
The material editor, material curve-fitting tools and the base material
library are part of CORE and are therefore available in every tier,
including the Free Tier - they are not a separately licensable Module.
3.2 Licensed state. Where a valid, in-date License Token for the computer in
question is present, the Software operates in the Licensed state and makes
available every Module in your Entitlement, subject to any mesh node limit
or batch limit recorded in that License Token.
3.3 Free Tier. Where no License Token is present, the Software operates in the
Free Tier. The Free Tier is granted for evaluation, learning and teaching
only. It is subject to the following limits, each of which is a condition of
the license granted in clause 2 and not merely a technical restriction:
(a) YOU MUST NOT USE THE FREE TIER FOR ANY COMMERCIAL PURPOSE. Permitted
use is limited to evaluating the Software with a view to purchasing a
license, personal learning, and teaching, coursework and study at an
Academic Institution;
(b) only the CORE Module is available;
(c) meshes are limited to 25,000 nodes;
(d) reports and other exported documents carry a watermark identifying
them as produced by an unlicensed copy of the Software, which you must
not remove, obscure, crop or alter; and
(e) no support, maintenance or service commitment of any kind applies.
If you wish to use the Software for a Commercial Purpose, you must obtain a
paid license. If your use qualifies under clause 3.4, apply for an Academic
License instead: it is free of charge and is not subject to the limits in
paragraphs (b) to (d).
3.4 Academic License. We issue an Academic License free of charge to eligible
applicants. An Academic License carries every Module listed in clause 3.1,
with no mesh node limit and no watermark, on the following terms:
An Academic License is not sold and is not obtained through the online
checkout or by activating a License Key. Apply by email to
info@nabla-fem.com, stating your Academic Institution, your position
there, and what you intend to use the Software for. If we grant the
application we will email you a License Token, which you install using
"Import response file" or the token field in the license dialog of the
Software. Renewal under paragraph (f) uses the same route.
(a) Eligibility. An Academic License may be granted to an Academic
Institution, or to a student enrolled at, or a member of the teaching
or research staff employed by, an Academic Institution. We may ask for
reasonable evidence of eligibility before issuing or renewing it, and
may decline an application at our discretion.
(b) Permitted use. You may use the Software only for teaching, coursework,
study, degree work and academic research. This includes research funded
by a public body, a research council, a charity or the institution
itself.
(c) YOU MUST NOT USE AN ACADEMIC LICENSE FOR ANY COMMERCIAL PURPOSE, as
defined in clause 1.15. In particular you must not use it for
consultancy, for contract or sponsored research carried out for a
commercial entity, or to design, analyse or validate any product or
component that is supplied commercially or is intended to be. This
paragraph is a condition of the grant in clause 2, and use for a
Commercial Purpose entitles us to terminate the Academic License with
immediate effect under clause 20.3, and to charge you the list price of
the commercial license that the use would have required.
(d) Personal to the holder. An Academic License granted to an individual
authorises that individual only. An Academic License granted to an
Academic Institution authorises the number of Seats stated in it, used
by that institution's enrolled students and employed staff. In neither
case may it be transferred, shared, sublicensed or made available to
any third party.
(e) Acknowledgement. Where you publish work that relied on results produced
with an Academic License, you must acknowledge the Software by name in
that publication. This is a condition of the free grant, and is the
only consideration we ask for it.
(f) Term. An Academic License is issued for a fixed term, normally twelve
months, and is renewable on application while you remain eligible. It
carries no support, maintenance or service commitment, and we may
decline to renew it.
(g) Change of circumstances. If you cease to be eligible, or if your
intended use becomes a Commercial Purpose, you must stop using the
Academic License and tell us. We will not charge you retrospectively
for eligible use already made.
(h) On expiry or termination of an Academic License, the Software reverts
to the Free Tier or, where clause 3.6 applies, to the Viewer state.
Clause 3.7 applies in either case: your models and results remain
openable and exportable.
3.5 Grace state. If your License Term has ended but the grace period recorded
in your License Token has not, or if the Software detects an anomaly in the
system clock, the Software continues to operate with your full Entitlement
and displays a notice. The grace period is a courtesy to avoid interrupting
work in progress; it does not extend the License Term, and continued use
after the License Term has ended does not create a right to use the
Software beyond it.
3.6 Viewer state. If the grace period has also ended, or if you attempt to run
a build of the Software released after your Maintenance Date, the Software
enters the Viewer state. In the Viewer state you may open, view, edit and
export your models and previously computed results, but you may not start a
new simulation until the license is renewed.
3.7 Your work is never held hostage. We commit that no expiry, lapse, license
failure or degradation of the Software will prevent you from opening a
model file you have created, from reading results you have already
computed, or from exporting either. Degradation removes solving capacity
and paid Modules only.
3.8 Independent enforcement. Both the application and the solver executable
verify your Entitlement independently and entirely offline. A refusal is
reported to you with the name of the Module concerned. Verification never
requires a network connection (see clause 5).
The Software does not police the purpose of your use. The restrictions in
clauses 3.3(a) and 3.4(c) are contractual obligations that you are trusted
to observe; the absence of a technical block does not imply permission.
3.9 Changes to Modules. We may add Modules, or add capabilities to existing
Modules, in later releases. We will not remove a capability from the
Entitlement of a license already issued to you by reassigning it to a
Module you do not hold.
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4. SEATS, ACTIVATION AND MACHINE BINDING
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4.1 Activation. A paid license is activated by exchanging your License Key for
a License Token. You may do this online, from within the Software, or
offline by generating an activation request file (extension .nbreq) and
sending it to us. Both routes produce the same License Token.
4.2 Node-locked Seats. A node-locked Seat is bound at activation to the Host
Fingerprint of the computer on which it was activated, and may be used on
that computer only. Where your License Token states a number of computers
greater than one, the Seat may be bound to that many computers at once, and
clause 4.5 governs their use.
4.3 Moving a Seat. You may move a node-locked Seat to a different computer by
deactivating it on the first computer, using the function provided in the
Software, and then activating it on the second. Deactivation frees the Seat
on our license server. You may move a Seat as often as you reasonably need
in the normal course of your work, for example when replacing or
reinstalling a computer. We may decline further activations where the
pattern of activation and deactivation indicates that the Seat is being
shared between more people than it was licensed for.
4.4 Hardware changes. The Host Fingerprint tolerates ordinary hardware and
operating system changes. If a computer changes enough that the Software no
longer recognises it, contact us and we will reissue the License Token at
no charge.
4.5 Concurrency generally. One Seat authorises use by one individual. Two people
may not use one Seat at the same time, whether directly, through remote
desktop or terminal services, or through the Python API or MCP server.
A Seat may be activated on up to the number of computers stated in your
License Token (one, unless stated otherwise); that is a number of
computers available to the one individual, not a number of users. A License
Token already issued for more than one computer is unaffected by this
clause: see clause 24.8.
4.6 Reasonable additional installations. An individual holding a Seat may
additionally install the Software on one secondary computer used by that
same individual (for example a laptop as well as a desktop), provided that
the Software is not used on both at the same time. Where the Host
Fingerprint prevents this, contact us and we will issue a second License
Token for that individual.
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5. LICENSE KEYS AND TOKENS; VERIFICATION AND NETWORK USE
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5.1 Your License Key and License Token are bearer credentials. You must keep
them confidential, must not publish them, and must not supply them to any
person who is not authorised to use the Software under your license. You
are responsible for use of the Software made with credentials issued to
you.
5.2 Verification of a License Token is performed entirely offline, using a
cryptographic signature. The Software does not need, and does not make, a
network connection in order to verify your license or to run a simulation.
5.3 The Software contacts our license server only in the following cases, and
in each case only in respect of licensing:
(a) when you activate a License Key;
(b) when you explicitly ask it to refresh your license;
(c) briefly at start-up, where your license is in its grace period or
within 30 days of expiry, in order to collect a renewed License Token;
and
(d) when you deactivate a Seat.
If the license server is unreachable, or if you block access to it, the
Software continues to operate against the License Token you already hold.
5.4 The Software does not transmit Your Content, model files, results, usage
analytics or telemetry to us or to any third party.
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6. TERM, RENEWAL, MAINTENANCE AND UPDATES
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6.1 A subscription license runs for the License Term stated in your order
confirmation and, on renewal, entitles you to a License Token for the
renewed term.
6.2 A perpetual license does not expire, but entitles you to run only those
builds of the Software released on or before its Maintenance Date. Builds
released after that date require renewed maintenance. Your right to
continue using the builds covered by your Maintenance Date is not affected
by the expiry of maintenance.
6.3 We may release updates, upgrades and corrections at our discretion. Except
as expressly stated in this Agreement or in a separate written support
agreement, we are under no obligation to provide any update, upgrade,
correction or support.
6.4 Updates supplied to you become part of the Software and are governed by
this Agreement, unless accompanied by separate terms, in which case those
terms govern that update.
6.5 We may modify, suspend or discontinue any part of the Software in a future
release. Where we discontinue a Module for which you hold a current paid
Entitlement, we will either continue to make available the last build in
which it functioned or refund a fair proportion of the fee you paid for the
unexpired part of your License Term (see clause 8 and the Refund and
Cancellation Policy).
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7. PURCHASING: OUR RESELLER AND MERCHANT OF RECORD
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7.1 How licenses are sold. Our order process is conducted by our online
reseller Paddle.com. Paddle.com is the Merchant of Record for all our
orders. Paddle provides all customer service inquiries and handles returns.
7.2 Two contracts, and what each one covers. When you buy a license through the
online checkout:
(a) your contract for the *sale* - price, payment, tax, invoicing,
renewals, refunds and chargebacks - is with Paddle, and the Paddle
Buyer Terms govern it; and
(b) your contract for the *use* of the Software is this Agreement, and it
is with us.
Both take effect on your purchase. Nothing in this Agreement varies,
reduces or replaces any right you have against Paddle under the Paddle
Buyer Terms or under law, and if there is any conflict between this
Agreement and the Paddle Buyer Terms in respect of the sale, the Paddle
Buyer Terms prevail in respect of the sale.
7.3 What Paddle does. Paddle takes payment as principal, issues the invoice or
receipt, is responsible for charging and remitting VAT, sales tax and any
equivalent tax, administers subscription renewals and cancellations, and
handles refunds and payment disputes. Paddle's own privacy notice governs
the personal data it processes as a controller in doing so (see clause B6
of our Privacy Notice).
7.4 What we do. We supply the Software itself, issue your License Key and
License Token, provide technical support in accordance with this Agreement,
and administer Seats, activations and deactivations.
7.5 Who to contact. For anything to do with payment, an invoice, a VAT
receipt, a subscription renewal or a refund, contact Paddle - the fastest
route is the link in your Paddle receipt email, or https://paddle.net. For
anything to do with installing, activating or using the Software, or with a
License Key or License Token, contact us at info@nabla-fem.com. If you
write to the wrong one of us, tell us and we will pass it on.
7.6 Payment reversal. If a payment for your license is reversed, charged back
or refunded, the Entitlement it paid for ends with it. We may suspend or
terminate the corresponding license under clause 20.3, and we may decline
to reissue a License Token for it. Where the reversal is the result of a
mistake, tell us and we will restore the license without charge.
7.7 Sales made directly by us. Academic Licenses (clause 3.4), perpetual
licenses, multi-seat and site licenses, and any other license issued on
enquiry are supplied by us directly and are not sold through Paddle. Where
we invoice you directly, we are the seller, clauses 7.1 to 7.6 do not
apply to that sale, and the payment and refund terms are those stated on
our invoice, read with clause 8 and the Refund and Cancellation Policy.
7.8 Resellers generally. We may appoint other resellers or distributors. Where
you buy through one, that reseller is the seller for the purposes of the
sale and this clause applies to it as it applies to Paddle. The Software
itself is always licensed to you by us, under this Agreement.
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8. REFUNDS AND CANCELLATION
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8.1 Our full refund and cancellation policy is set out in a separate document,
the Refund and Cancellation Policy, which is supplied with the Software as
REFUNDS.txt and published at https://www.nabla-fem.com/refunds.html. That
policy is incorporated into, and forms part of, this Agreement. This clause
states the rights that matter most; the policy states how to exercise them.
If the two ever conflict, whichever is more favourable to you applies.
8.2 Your statutory right to cancel (consumers). If you are a consumer buying at
a distance, you have a right under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 to cancel within 14
days of the contract being concluded. Because the Software is digital
content supplied immediately, you lose that right once supply has begun -
but only where you expressly consented to immediate supply and acknowledged
that you would lose the right to cancel. The checkout asks for that consent
before payment; if you did not give it, the 14-day right is unaffected.
8.3 Paddle's refund right. Independently of clause 8.2, the Paddle Buyer Terms
give you a right to a refund of the full price paid where you request it
within 14 days of a one-off purchase or, for a subscription, within 14 days
of the date on which the subscription last renewed. That right applies
whatever this Agreement says, and nothing in this Agreement limits it.
8.4 Our own guarantee. In addition to clauses 8.2 and 8.3, we will refund the
first purchase of a paid license, in full, on request made within 14 days
of purchase, for any reason and without argument. The Free Tier exists so
that you can evaluate the Software properly before buying, and we would
rather you used it than bought on trust; but if a purchase turns out to be
wrong for you, ask and it goes back.
8.5 Subscriptions and renewals. A subscription renews automatically until you
cancel it. You may cancel at any time, through the link in your Paddle
receipt, with effect from the end of the period you have paid for; your
license continues to work until then. Cancellation part-way through a paid
period does not by itself entitle you to a refund of that period, except as
provided in clauses 8.2 to 8.4, clause 20.6, or the Refund and
Cancellation Policy.
8.6 Faults. If the Software is faulty, not as described, or not of
satisfactory quality, your statutory rights - including those under the
Consumer Rights Act 2015 if you are a consumer - apply in full and are not
affected by clauses 8.4 or 8.5, by clause 17 or by clause 18. Clause 16
(nature of simulation results) describes what the Software is; a result
that is inaccurate because of a modelling choice you made is not a fault in
the Software.
8.7 Refunds we make voluntarily. We may make a refund in circumstances not
covered above. Doing so once does not oblige us to do so again, and does
not vary this Agreement.
8.8 On refund. Where a license is refunded, the Entitlement it paid for ends on
the date of the refund, and clause 20.5 applies: you must stop using the
Modules concerned and may continue to open, read and export Your Content
(clause 3.7).
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9. RESTRICTIONS
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9.1 Except as expressly permitted by this Agreement or by applicable law (see
clause 10), you must not, and must not permit any third party to:
(a) copy the Software, other than as permitted by clause 2.1(c);
(b) sell, resell, rent, lease, lend, distribute, sublicense, host, or make
the Software available to any third party, including as a service
bureau or on a time-sharing, hosted or "software as a service" basis;
(c) reverse engineer, decompile, disassemble or otherwise attempt to derive
the source code, algorithms or internal structure of the Software;
(d) modify, adapt, translate or create derivative works of the Software;
(e) remove, disable, circumvent, tamper with or defeat any licensing,
entitlement, watermarking, node-limit, seat-counting or verification
mechanism of the Software, or use the Software with any License Token
or License Key that was not issued to you, or that has been altered or
forged;
(f) use any Module that is not included in your Entitlement, or exceed any
limit recorded in your License Token;
(g) use the Software for a Commercial Purpose while operating in the Free
Tier (clause 3.3(a)) or under an Academic License (clause 3.4(c)), or
obtain or attempt to obtain an Academic License when you are not
eligible for one, or misrepresent your eligibility or your intended
use in order to obtain one;
(h) remove, obscure or alter any copyright, trademark, license or other
proprietary notice on or in the Software or its output, including the
Free Tier watermark;
(i) use the Software to develop, or to assist in developing, a product that
competes with the Software; or
(j) use the Software in breach of any applicable law, or in any manner
which could damage, disable or impair our systems or the license
server.
9.2 You must ensure that everyone who uses the Software under your license
complies with this Agreement, and you are responsible for their acts and
omissions as if they were your own.
9.3 We may, on reasonable written notice and no more than once in any twelve
month period, ask you to certify in writing that your use of the Software
complies with this Agreement. This clause does not entitle us to access
your systems, premises or data.
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10. ACTS PERMITTED BY LAW
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10.1 Nothing in clause 9 restricts, and this Agreement does not exclude or
limit, any act that you are entitled to perform under sections 50A, 50B,
50BA and 50C of the Copyright, Designs and Patents Act 1988, or under any
corresponding provision of the law applicable to you, including in
particular:
(a) making a back-up copy where it is necessary for your lawful use;
(b) decompiling the Software to the extent necessary to obtain the
information required to create an independently created program that
can be operated with the Software or with another program, where that
information is not otherwise readily available to you; and
(c) observing, studying or testing the functioning of the Software in the
course of loading, displaying, running, transmitting or storing it,
in order to determine the ideas and principles underlying it.
10.2 Before exercising a right under clause 10.1(b), we ask that you contact us:
we would rather give you the information you need than have you spend time
deriving it.
10.3 Clause 10.1 does not permit you to defeat or circumvent the licensing and
entitlement mechanisms of the Software. Clause 9.1(e) is a condition of the
license granted in clause 2, and the statutory rights preserved by clause
10.1 do not extend to acts done for the purpose of obtaining functionality
you have not licensed.
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11. YOUR CONTENT AND YOUR RESULTS
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11.1 You own Your Content. We claim no ownership of, and acquire no license to,
the models, geometry, materials, scripts, simulation results or reports you
produce with the Software.
11.2 You may use, publish and distribute Your Content freely and without royalty
to us, subject only to clause 3.3(d) (Free Tier watermarks) and clause
3.4(e) (acknowledgement in academic publications). We charge no royalty on
Your Content and claim no share of anything you earn from it.
11.3 Commercial exploitation. Where you hold a paid license, you may exploit Your
Content commercially without restriction. Where you are using the Free Tier
or an Academic License, note that producing Your Content is itself a use of
the Software: results generated for a Commercial Purpose could not lawfully
have been generated under those licenses at all. Clause 11.2 therefore does
not permit you to do indirectly, with the results, what clauses 3.3(a) and
3.4(c) forbid you to do with the Software. This clause does not affect
results you generated at a time when you held a paid license covering that
use.
11.4 Output files produced by the Software are yours. Nothing in this Agreement
restricts your use of file formats read or written by the Software.
11.5 You are solely responsible for backing up Your Content.
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12. FEEDBACK
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12.1 If you send us suggestions, bug reports, feature requests or other feedback
about the Software ("Feedback"), you grant us a perpetual, irrevocable,
worldwide, royalty-free, sublicensable license to use, reproduce, modify
and incorporate that Feedback in any product, including commercial versions
of the Software, without obligation or attribution to you.
12.2 Feedback is given voluntarily and is not confidential. Do not send us
information you regard as confidential, and do not send us model files or
other content you are not free to share. If you need to send us a model to
reproduce a defect, tell us and we will agree confidentiality terms first.
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13. OWNERSHIP AND INTELLECTUAL PROPERTY
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13.1 The Software, and all intellectual property rights in it, are and remain
the property of Pontus Materials and its licensors. The Software is
protected by copyright and other intellectual property laws and by
international treaties.
13.2 "Nabla" and the Nabla logo are trademarks of Pontus Materials. This
Agreement grants you no right to use them, except to identify the Software
truthfully and descriptively.
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14. INFORMATION WE PROCESS
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14.1 Our Privacy Notice, supplied with the Software as PRIVACY.txt and published
at https://www.nabla-fem.com/privacy.html, explains what personal data we
process, why, on what lawful basis, for how long, who else receives it, and
what rights you have.
The Privacy Notice is a notice and not a term of this Agreement. You are
not asked to agree to it, and nothing in it depends on your agreement: our
lawful basis for administering your license is the performance of this
Agreement, not your consent. Accepting or terminating this Agreement
therefore neither grants nor withdraws any permission to process your
personal data, and your rights under data protection law are unaffected by
either.
14.2 In summary: we process the information necessary to issue and administer
your license and to meet our tax and accounting obligations, and nothing
else. The Software collects no telemetry, no usage analytics and no part of
Your Content, and it transmits none of them to us or to anyone else
(clause 5.4).
14.3 Payment card details are handled by Paddle and are never seen or stored by
us (clause 7.3).
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15. THIRD-PARTY COMPONENTS
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15.1 The Software incorporates or is distributed with components licensed by
third parties. Those components are licensed to you under their own terms,
not under this Agreement, and to the extent of any conflict between this
Agreement and the terms of a Third-Party Component, those terms prevail in
respect of that component. License texts distributed as separate files are
installed in the "licenses" directory of your installation, and the license
text of any other component named in clause 15.2 will be supplied to you on
request at info@nabla-fem.com.
15.2 Components distributed with the Software:
Lightweight Java Game Library (LWJGL) 3, and the native libraries it
bundles (GLFW, stb, and the OpenGL headers published by The Khronos Group)
BSD 3-Clause, zlib/libpng, MIT and public-domain terms as applicable.
See licenses/lwjgl_LICENSE.txt and the accompanying files in the same
directory.
Monocypher 4.0.2 (cryptographic verification in the solver)
Dual-licensed: 2-clause BSD or CC0 1.0, at your option.
See licenses/monocypher_LICENSE.md.
Dear ImGui and imgui-java (user interface)
MIT License.
Eigen 3 (linear algebra in the solver)
Mozilla Public License 2.0. Eigen is a header-only library and is
compiled into the solver executable. In accordance with section 3.2 of
the MPL 2.0, the complete source code of the Eigen files incorporated
into the Software, in the exact version used to build your copy, is
available to you on request, free of charge and by a reasonable means:
write to info@nabla-fem.com quoting the build version shown in the
Software under Help > About. The MPL 2.0 applies to those Eigen files
only; it does not apply to, and grants you no rights in, any other part
of the Software.
Apache PDFBox, FontBox, Apache Commons Math, Jackson and Gson
Apache License 2.0.
earcut4j (polygon triangulation), as modified by us
ISC License. Our modifications are identified in the source file
distributed with the Software.
Eclipse SWT
Eclipse Public License 2.0.
OpenJDK Java runtime image (bundled with the Windows installation)
GNU General Public License version 2 with the Classpath Exception. The
complete text and the corresponding notices are in the "legal"
directory of the bundled runtime.
15.3 Triangle. The Software uses Triangle, a two-dimensional quality mesh
generator and Delaunay triangulator by Jonathan Richard Shewchuk, for
mesh generation. Triangle is NOT part of, and is NOT distributed with,
the Software: no part of the Nabla distribution, installer or archive
contains Triangle in source or binary form. You obtain Triangle yourself,
free of charge, from its own project. The installer can automate that
download for you at your request, but the download is from a third-party
repository and Triangle is supplied to you by its own author under its own
terms, which are reproduced in the file triangle_readme.md accompanying
this Agreement. Your use of Triangle is governed by those terms and not by
this Agreement, and we give no warranty and accept no liability in respect
of it.
15.4 We give no warranty in respect of any Third-Party Component, and our
liability in respect of any Third-Party Component is limited to the extent
set out in clause 18.
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16. NATURE OF SIMULATION RESULTS - IMPORTANT
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16.1 The Software computes approximate numerical solutions to mathematical
models of physical systems. Its output is an approximation, and its
accuracy depends on matters within your control, including the geometry,
the material data, the boundary conditions, the mesh, the element order,
the time step, the convergence criteria and the physical assumptions you
have chosen.
16.2 The Software does not verify that a model is physically meaningful, that
the material data you supply is correct, or that the discretisation you
have chosen is adequate. Results may be inaccurate, misleading or entirely
wrong without any error, warning or indication being given.
16.3 YOU ARE SOLELY RESPONSIBLE FOR VERIFYING AND VALIDATING ALL RESULTS BEFORE
RELYING ON THEM. You must exercise independent professional engineering
judgement, and where appropriate corroborate results by analytical
calculation, by an independent method, or by physical testing.
16.4 The Software is not certified, qualified or validated for any regulatory,
safety, certification or approval purpose. It must not be used as the sole
basis for any decision where failure could result in death, personal
injury, or severe physical, environmental or financial damage. If you use
the Software in connection with any such application, you do so at your own
risk and accept full responsibility for the consequences.
16.5 Nothing in this clause limits our liability for death or personal injury
caused by our negligence, or for fraud or fraudulent misrepresentation.
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17. DISCLAIMER OF WARRANTIES
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17.1 Except as expressly stated in this Agreement, and subject to clause 19, the
Software is provided "AS IS" and "AS AVAILABLE", without warranty or
condition of any kind.
17.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
CONDITIONS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
RELIABILITY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
17.3 We do not warrant that the Software will be uninterrupted or error-free,
that defects will be corrected, that the Software will meet your
requirements, that it will operate in combination with any particular
hardware or other software, or that its output will be accurate or fit for
any particular purpose.
17.4 Any advice, information or guidance given by us or by our personnel, orally
or in writing, does not create a warranty and does not enlarge the scope of
this Agreement.
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18. LIMITATION OF LIABILITY
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18.1 Nothing in this Agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act
1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any other liability which cannot lawfully be excluded or limited.
18.2 Subject to clause 18.1, we will not be liable to you, whether in contract,
tort (including negligence), breach of statutory duty or otherwise, for:
(a) loss of profit, revenue, business, contracts or anticipated savings;
(b) loss of or corruption of data, models or results;
(c) loss of goodwill or reputation;
(d) business interruption;
(e) the cost of procuring substitute software or services;
(f) any loss arising from your reliance on results produced by the
Software; or
(g) any indirect, special or consequential loss,
in each case however arising and even if we were advised of the possibility
of that loss.
18.3 Subject to clause 18.1, our total aggregate liability arising out of or in
connection with this Agreement and the Software, whether in contract, tort
(including negligence), breach of statutory duty or otherwise, is limited
to the greater of (a) the total fees you actually paid for the Software in
the twelve months immediately before the event giving rise to the
liability, and (b) one hundred pounds sterling (GBP 100). Fees paid to
Paddle for a license of the Software count as fees paid for the Software
for the purposes of this clause.
18.4 Where the Software is supplied to you in the Free Tier, under an Academic
License, or otherwise free of charge, then subject to clause 18.1 our total
aggregate liability is limited to one hundred pounds sterling (GBP 100).
No fee is paid for those licenses and none is asked; they are supplied on
the footing that we accept no financial risk in respect of them.
18.5 The allocation of risk in clauses 16, 17 and 18 is a fundamental basis of
this Agreement and is reflected in the fee charged. The Software would not
be supplied on these terms without it.
18.6 You must bring any claim under this Agreement within one year of the date
on which you became, or ought reasonably to have become, aware of the facts
giving rise to it. This clause does not apply to claims falling within
clause 18.1, and does not apply if you are a consumer.
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19. CONSUMERS
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19.1 If you are an individual acquiring the Software wholly or mainly outside
your trade, business, craft or profession, you are a consumer, and you have
statutory rights under the Consumer Rights Act 2015, the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 and
other consumer protection legislation.
19.2 Nothing in this Agreement affects those statutory rights. In particular,
clauses 17 and 18 apply to a consumer only to the extent permitted by law,
clause 18.6 does not apply to a consumer, and clauses 8.2 and 8.6 state
rights that cannot be excluded.
19.3 The Software is a professional engineering tool intended for business use.
It is not designed or marketed for consumer use, and we recommend that
consumers do not rely on it.
19.4 If you are a consumer resident in the European Union, you may also use the
European Commission's online dispute resolution platform. In any event,
clause 25.3 preserves the protection of the mandatory law of your country
of residence.
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20. TERM AND TERMINATION
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20.1 This Agreement takes effect when you first install or use the Software and
continues until terminated in accordance with this clause.
20.2 You may terminate this Agreement at any time by ceasing all use of the
Software, uninstalling it and deleting all copies in your possession.
Terminating this Agreement is not the same as cancelling a subscription:
to stop a subscription renewing, cancel it as described in clause 8.5.
20.3 We may terminate this Agreement, or suspend your license, with immediate
effect on written notice if you commit a material breach of it, in
particular a breach of clause 4 (seats and activation), clause 5.1
(confidentiality of credentials) or clause 9 (restrictions), or if a
payment for your license is reversed or charged back (clause 7.6). Where
the breach is capable of remedy, we will first give you 30 days' written
notice to remedy it, unless the breach is of clause 9.1(e) or clause
9.1(g), which we may act on immediately.
20.4 This Agreement terminates automatically if your License Term ends and is
not renewed. Expiry of the License Term does not by itself terminate your
right to use a perpetual license in accordance with clause 6.2.
20.5 On termination, all licenses granted under clause 2 end, and you must cease
using the Software, uninstall it and delete all copies. Your right to keep
and use Your Content is unaffected. Clauses 11, 12, 13, 14, 16, 17, 18, 21,
24 and 25 survive termination. The Privacy Notice continues to apply to any
personal data we still hold, for as long as we hold it.
20.6 Termination for our convenience alone does not entitle us to retain fees
for any unexpired part of a paid License Term, which we will refund on a
pro-rata basis. The same applies where we discontinue a Module under clause
6.5 and do not continue to make the last working build available.
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21. EXPORT CONTROL AND SANCTIONS
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21.1 The Software may be subject to export control and sanctions laws, including
those of the United Kingdom, the European Union and the United States.
21.2 You must comply with all such laws. In particular, you must not export,
re-export, supply or make the Software available, directly or indirectly,
to any country, entity or individual where doing so would breach those
laws, and you must not use the Software for any purpose prohibited by them,
including any use in connection with nuclear, chemical or biological
weapons or missile technology.
21.3 You represent that you are not located in, under the control of, or a
national or resident of, any country or territory subject to comprehensive
sanctions, and that you are not on any restricted party list maintained by
the authorities referred to in clause 21.1.
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22. ASSIGNMENT AND TRANSFER
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22.1 You may not assign, transfer, charge, sublicense or otherwise deal in this
Agreement or any license granted under it, in whole or in part, without our
prior written consent, which we will not unreasonably withhold.
22.2 Clause 22.1 does not prevent you from transferring your license, in its
entirety, to a successor in a merger, acquisition or sale of substantially
all of your assets, provided that you notify us in writing and the
transferee agrees in writing to be bound by this Agreement. You must not
retain any copy of the Software after such a transfer.
22.3 We may assign or novate this Agreement on notice to you.
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23. NOTICES
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23.1 Notices to us must be sent to info@nabla-fem.com, or by post to the
address in clause 26. Notices to you may be sent to the email address
associated with your license, or displayed within the Software.
23.2 A notice sent by email is deemed received on the next business day after
sending, unless a delivery failure is received.
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24. GENERAL
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24.1 Entire agreement. This Agreement, together with the Refund and Cancellation
Policy, your order confirmation and the terms of the Third-Party
Components, constitutes the entire agreement between you and us in respect
of the Software and supersedes all prior agreements, communications and
representations, whether written or oral. Your contract of sale with
Paddle is separate
(clause 7.2). Nothing in this clause limits liability for fraudulent
misrepresentation.
24.2 Order of precedence. If there is a conflict, the terms of a Third-Party
Component prevail in respect of that component (clause 15.1), and the
Paddle Buyer Terms prevail in respect of the sale (clause 7.2); otherwise
this Agreement prevails over any purchase order or other document you
issue, and any term in such a document that adds to or varies this
Agreement has no effect unless we have expressly agreed it in writing.
24.3 Severability. If any provision of this Agreement is held to be invalid or
unenforceable, it is to be modified to the minimum extent necessary to make
it enforceable, or if that is not possible, severed. The remainder of this
Agreement remains in full force.
24.4 No waiver. A failure or delay in exercising a right under this Agreement is
not a waiver of it, and a single or partial exercise does not prevent
further exercise.
24.5 No partnership. Nothing in this Agreement creates a partnership, joint
venture, agency or employment relationship between us. Paddle acts as a
reseller and merchant of record, not as our agent for the purposes of this
Agreement.
24.6 Third-party rights. Except as expressly stated, a person who is not a party
to this Agreement has no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any of its terms. Our licensors of Third-Party
Components may enforce the terms of clause 15 in respect of their own
components.
24.7 Force majeure. We are not liable for any failure or delay in performing our
obligations caused by an event beyond our reasonable control.
24.8 Variation. We may amend this Agreement for future releases of the Software.
The version of this Agreement supplied with a given release governs your
use of that release. Your existing Entitlement will not be reduced by an
amendment. Superseded versions remain available on our website.
24.9 Language. This Agreement is made in English. Any translation is provided
for convenience only, and the English text prevails.
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25. GOVERNING LAW AND JURISDICTION
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25.1 This Agreement, and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual
disputes or claims), is governed by and construed in accordance with the
law of England and Wales.
25.2 The courts of England and Wales have exclusive jurisdiction to settle any
such dispute or claim.
25.3 If you are a consumer resident in a country other than England and Wales,
clauses 25.1 and 25.2 do not deprive you of the protection of the mandatory
rules of the law of your country of residence, or of your right to bring
proceedings in the courts of that country.
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26. CONTACT AND BUSINESS DETAILS
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Pontus Materials
Sole trader: Inga Tuzovskaya
Trading as: Nabla
Address for service and correspondence:
23 Palmers
Wantage
Oxfordshire
OX12 7HA
United Kingdom
All enquiries - licensing, sales, academic license applications,
technical support and data protection:
Email: info@nabla-fem.com
Telephone: 01235 364074
Website: https://www.nabla-fem.com
Billing, invoices, VAT receipts, subscription changes and refunds are
handled by our reseller Paddle: see your receipt email, or
https://paddle.net.
Copyright (c) 2024-2026 Pontus Materials (Inga Tuzovskaya).
All rights reserved.
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END OF AGREEMENT
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