PLXMat Terms of Use & End-User License Agreement

These Terms of Use and End-User License Agreement (the "Terms") are a binding agreement between hetGE LLC, a Wyoming limited liability company ("hetGE", "we", "us"), and you. By accessing or using the PLXMat application at plxmat.hetge.com (the "Software"), you accept these Terms. If you do not agree, do not use the Software.

Your hetGE account, and any purchase of licenses through the hetGE Account marketplace, are governed separately by the hetGE Account Terms of Service at account.hetge.com/terms.

PLXMat is an application for preparing material definitions for geotechnical finite-element analysis: soil materials under the Mohr-Coulomb, Hardening Soil and HS small models, together with plates, struts, tendons and grouts, and the multi-layer soil profile they are assigned to. From these it generates a command log for a third-party finite-element program, in metric or US customary units. It is available both in the browser and as a desktop application for Windows, macOS and Linux.

The Software prepares input; it does not perform any analysis. The command log it writes is a script that defines materials in a separate program that you license and operate. Whether that program accepts the script, and what results it then produces, is outside the Software's control.

The work runs on your device. The materials you define and the command log produced from them are built in your browser, or locally in the desktop application. Our servers provide sign-in, license verification and desktop updates; they do not receive or store the materials you build.

Subject to a valid license held through your hetGE account and to your compliance with these Terms, hetGE grants you a personal, non-exclusive, non-transferable, revocable right to access and use the Software for your internal professional or educational purposes.

You must not:

• copy, modify, or create derivative works of the Software;
• reverse engineer, decompile, or extract source code except where such restriction is prohibited by law;
• resell, sublicense, rent, or provide the Software to third parties as a service bureau;
• circumvent license verification or access controls;
• use the Software to develop a competing product.

The Software operates in a predictive manner relative to input. hetGE has no control over the collection, use, or interpretation of the input you provide, including soil descriptions and the parameters derived from them, the constitutive model chosen, layer elevations, and the section and stiffness properties of any structural material. You assume sole responsibility with respect to the use of the Software and the results of that use, in terms of correctness, accuracy, reliability, and performance, and for the conclusions drawn from such use.

The Software is a modelling aid. It is not a substitute for professional engineering judgment, education, or experience, and neither the command log it writes nor any analysis you subsequently run establishes by itself compliance with any building code, design standard, or regulation in any jurisdiction.

Parameters proposed from a natural-language description, and any values suggested by default, are a starting point offered for your convenience. They are not a ground investigation, they are not site-specific, and adopting them without deriving the parameters from your own data and judgment is not a use the Software is designed for.

You must ensure that the generated materials, and all output of any analysis based on them, are independently reviewed, checked, and verified by a qualified person using independent means before they are used in any design, assessment, or decision.

By using the Software you confirm that you, or the persons you authorize and supervise, are suitably qualified and have the experience required to select constitutive models and derive the geotechnical parameters that drive them.

hetGE does not warrant and cannot warrant the results obtained by using the Software, nor the results of any analysis performed with materials the Software generated. The Software writes the input you described; it does not verify that the material is appropriate to your ground conditions or your project.

The finite-element program that consumes the generated command log is third-party software licensed and operated by you. hetGE is not affiliated with, endorsed by, or acting on behalf of its publisher, and names are used only to identify compatibility. Command syntax and behaviour may change between versions of that program; you are responsible for confirming that a generated log is valid for the version you run.

Soil parameters, section properties, and other data you obtain from third parties are used at your own risk. hetGE takes no responsibility for the accuracy or reliability of third-party data and has no liability for damage caused by errors or omissions in it. Input data has a decisive effect on the solution: what a material represents is the ground as entered and the parameters as chosen, not the ground as it is.

Steel section tables reproduced in the Software identify products of their respective manufacturers and standards bodies, remain their property, and may be revised. You are responsible for confirming that the editions relied upon are the ones applicable to your project.

The Software is not fault-tolerant and is not designed or intended for real-time monitoring of ground or structures, construction control, structural health monitoring, early warning of ground movement or distress, or any other use in which failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. hetGE expressly disclaims any warranty of fitness for such activities.

You own the materials you define, the parameters you enter, and everything you export. Because the work runs on your device, those inputs and the generated command logs are not transmitted to or stored by hetGE. What you have open is saved on your own device, and choosing "Save" writes a file to your computer; hetGE keeps no copy. See the PLXMat Privacy Notice at plxmat.hetge.com/privacy for details.

Because we hold nothing for you, keeping your own backups of any project you wish to retain is your responsibility. Clearing your browser's site data removes what is stored there.

The Software, including its material library, language parser, interface, and branding, is owned by hetGE LLC and protected by copyright, trademark, and other intellectual-property laws. No rights are granted except as expressly set out in these Terms. If you send us feedback or suggestions, you grant hetGE a perpetual, irrevocable, royalty-free license to use them without obligation.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HETGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND HETGE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL ACHIEVE ANY INTENDED RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) HETGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PURE ECONOMIC LOSS, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) HETGE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

The provisions of these Terms allocate the risks between hetGE and you, and hetGE's pricing reflects this allocation of risk and the limitation of liability specified herein. Some jurisdictions do not allow certain exclusions or limitations; to that extent, they may not apply to you.

You shall indemnify, defend, and hold harmless hetGE LLC and its members, officers, and agents from and against any claims, damages, and expenses (including reasonable legal fees), including claims by third parties or by your employees or clients, arising directly or indirectly out of your use of the Software, the results of that use, or any design, assessment, or decision based on them.

These Terms apply for as long as you use the Software. Your right to use the Software ends automatically when your license expires or is revoked, or if you breach these Terms. Sections 4 to 12 survive termination.

We may modify these Terms by posting an updated version on this page with a new "Last updated" date and version. Your continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws principles. The state and federal courts located in Wyoming shall have exclusive jurisdiction over any dispute arising out of these Terms or the Software, and you consent to their jurisdiction.

Questions about these Terms: [email protected].