The contractual terms governing your use of the VirtuCath Licensed Application.
Last updated: May 12, 2026
This End User License Agreement ("EULA") is incorporated by reference into the VirtuCath Terms and governs your installation and use of the Licensed Application. In the event of any conflict between this EULA and the Terms, this EULA controls with respect to the Licensed Application.
VirtuCath is licensed to You (End-User) by VirtuCath, LLC, located and registered in Minnesota, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading, installing, or using the Licensed Application, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
VirtuCath, LLC is solely responsible for the Licensed Application and the content thereof. This agreement is solely between VirtuCath, LLC and the End-User.
VirtuCath, when purchased or downloaded from our website https://virtucath.com/, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. VirtuCath is to be used on devices that operate with Windows 10 or later.
VirtuCath ("Licensed Application") is a piece of software created to provide engineers and medical device designers with a simulation tool to accelerate the catheter design process and reduce the time and costs associated with physical prototyping. It is used to model the geometry and material properties of complex micro-catheters, simulate their mechanical behavior under various inputs, and analyze performance data in real time to optimize the design.
The Licensed Application is not designed or certified for use in regulated workflows that require formal compliance attestations. In particular:
2.1 License Grant. Subject to your compliance with the terms of this Agreement and payment of all applicable fees, VirtuCath, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Licensed Application on a specific number of computers that you own or control, as determined by your purchase. The license is a subscription-based license. This license is managed by our third-party partner, FastSpring, and is for your internal business or personal purposes.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (except with VirtuCath, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with VirtuCath, LLC's prior written consent).
2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.6 Licensor reserves the right to modify the terms and conditions of licensing.
2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
Use of the Licensed Application requires the payment of applicable fees as described on our website at the time of purchase. All payments are processed by our third-party reseller, FastSpring. If you have purchased a subscription-based license, your subscription will automatically renew for the same term unless you cancel prior to the renewal date. You may manage your subscription through your FastSpring account.
Upon successful payment, you will receive an email with a download link for the Licensed Application and a unique license key. This license key is required to activate the software and is tied to your purchase. You are responsible for safeguarding your license key and preventing its unauthorized use. The Licensed Application utilizes Cryptlex for node-locking, meaning the license is tied to specific hardware profiles. To transfer the license to a new machine, or in the event of hardware failure, you must contact support@virtucath.com to request a license reset, unless self-service license management has been explicitly enabled for your account.
5.1 You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned in the preamble of this Agreement.
5.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Contact Information section.
You acknowledge that Licensor may access and process Your downloaded Licensed Application content and Your personal information in accordance with Your legal agreements with Licensor and Licensor's privacy policy at https://virtucath.com/privacy-policy.html. Licensor does not modify, edit, or alter the substantive content of Your designs or simulations without Your instruction.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals, to offer product support, facilitate software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
The Licensed Application allows you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
10.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
10.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
10.3 The Application is strictly a design aid for R&D. It is not intended for, and must not be used for, clinical use, patient diagnosis, or formal medical device Verification and Validation (V&V). The Company is not liable for any damages, losses, or costs arising from the use or misuse of the data generated by the Application. The user agrees that they are solely responsible for all physical testing, validation, and regulatory compliance of any product designed with the aid of the Application.
11.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
11.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of VirtuCath, LLC's sphere of influence that affect the executability of the Licensed Application.
11.3 You are required to inspect the Licensed Application immediately after installing it and notify VirtuCath, LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
11.4 If we confirm that the Licensed Application is defective, VirtuCath, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. For the purposes of this Agreement, a 'defect' refers strictly to the Licensed Application's failure to execute its documented functions and does not encompass the accuracy, precision, or real-world applicability of the theoretical simulation outputs.
11.5 Refund Policy. Our refund policy is available on our website at https://virtucath.com/refund-policy.html. All refund requests must be submitted to support@virtucath.com in accordance with the terms of our refund policy. Refunds, if approved, will be processed through our payment partner, FastSpring.
11.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
12.1 Audit right. No more than once in any twelve (12) month period, and upon at least thirty (30) days' prior written notice, VirtuCath, LLC may audit Your use of the Licensed Application solely to verify Your compliance with the terms of this Agreement (including seat counts, deployment scope, and the license restrictions in Section 2). The audit may not be conducted for any other purpose.
12.2 Conduct. Audits shall be conducted during regular business hours, in a manner that does not unreasonably interfere with Your business operations, and may be conducted by an independent third-party auditor of Licensor's choice (provided the auditor is bound by a written confidentiality obligation no less protective than the confidentiality obligations between the parties). Audits will be limited in scope to records, systems, and information reasonably necessary to verify compliance and will not extend to Your customer data, trade secrets unrelated to the Licensed Application, or any data subject to attorney-client privilege.
12.3 Confidentiality. All information obtained in connection with an audit is Your confidential information. The auditor (and Licensor) shall use such information solely to determine and enforce compliance and shall not disclose it to any third party except as required by law.
12.4 Cost allocation. Audits are conducted at Licensor's expense. However, if an audit reveals material non-compliance — defined as a shortfall of five percent (5%) or more in fees properly due, or any deployment beyond the licensed scope that could not reasonably have been inadvertent — You will, in addition to paying the underpaid fees and any contractual remedies, reimburse Licensor for the reasonable, documented out-of-pocket costs of the audit.
12.5 Cooperation. You agree to cooperate in good faith with any audit conducted under this Section, including by providing reasonable access to relevant records and a knowledgeable point of contact.
VirtuCath, LLC and the End-User acknowledge that VirtuCath, LLC is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Email: support@virtucath.com
The license is valid until terminated by VirtuCath, LLC or by You. Your rights under this license will terminate automatically and without notice from VirtuCath, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
VirtuCath, LLC represents and warrants that VirtuCath, LLC will comply with applicable third-party terms of agreement when using Licensed Application.
VirtuCath, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on that third party's intellectual property rights, VirtuCath, LLC will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
This License Agreement is governed by the laws of the State of Minnesota, United States, excluding its conflicts of law rules.
20.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
20.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
20.3 The Application may contain or be distributed with third-party software (such as the MuJoCo physics engine), which is provided under its own license terms. A copy of the applicable third-party licenses is included with the Application's documentation. This Agreement does not alter any rights or obligations you may have under those third-party licenses.