End User License Agreement
Software License Agreement for DUSK LAB
IMPORTANT — READ CAREFULLY. This End User License Agreement ("EULA") is a legal agreement between you ("Licensee", "you") and Deep-5 SAS ("Licensor", "Deep-5", "we") for the use of the DUSK LAB software application, including all associated files, documentation, and updates ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Software.
1. Definitions
- "Software" means the DUSK LAB application, including all executable code, libraries, shaders, documentation, and associated files distributed by Deep-5 SAS.
- "License Key" means the unique alphanumeric code provided to you upon purchase that activates the Software.
- "Work Product" means any images, photographs, project files (.dusk files), and exported files created by you using the Software.
- "Device" means a physical computer (desktop, laptop, or workstation) owned or controlled by the Licensee.
- "Major Version" means a release identified by a change in the first numeral of the version number (e.g., 1.x to 2.0).
2. License Grant
Subject to the terms and conditions of this EULA and upon valid purchase, Deep-5 grants you the following license:
| Type | Time-limited, non-exclusive, non-transferable, single-user subscription license |
| Users | 1 (one) natural person |
| Devices | Unlimited devices owned or controlled by the Licensee |
| Duration | Valid for the duration of your active subscription period (3 months, 6 months, or 1 year, renewable), subject to compliance with this EULA |
| Territory | Worldwide |
You may install and activate the Software on multiple Devices that you personally own or control, provided that you are the sole user of the Software under this license. Simultaneous use on multiple Devices by the same Licensee is permitted.
3. Restrictions
You shall NOT:
- Reverse engineer, decompile, or disassemble the Software, except to the extent expressly permitted by applicable law (specifically, Article L.122-6-1 of the French Intellectual Property Code for interoperability purposes)
- Redistribute, sublicense, rent, lease, or lend the Software or your License Key to any third party
- Modify, adapt, or create derivative works based on the Software
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Software
- Use the Software in a service bureau, SaaS, or time-sharing arrangement for the benefit of third parties
- Transfer your License Key to another individual or entity without prior written consent from Deep-5
- Circumvent or attempt to circumvent any license verification, copy protection, or activation mechanism
4. Ownership of Work Product
You own all rights to your Work Product. Any images, photographs, .dusk project files, exported TIFF/PNG/JPEG files, and any other creative output you produce using the Software are your exclusive property. Deep-5 claims no rights, ownership, or license over your Work Product.
You are free to use, distribute, sell, exhibit, and commercially exploit your Work Product without restriction or attribution to Deep-5.
5. Intellectual Property
The Software and all copies thereof are the intellectual property of and are owned by Deep-5 SAS. The structure, organization, and code of the Software are trade secrets and confidential information of Deep-5 SAS. The Software is protected by copyright laws, international treaties, and other intellectual property laws.
This EULA grants you a license to use the Software; it does not transfer ownership of the Software or any intellectual property rights therein.
6. Telemetry and Data Collection
DUSK LAB does not collect any telemetry data. The Software does not "phone home."
- The Software does not transmit usage statistics, crash reports, or analytics data
- The Software does not require an internet connection to operate after initial activation
- The Software does not scan, catalog, or transmit information about your files, photographs, or system
- The Software does not display advertisements or connect to advertising networks
Your creative work stays on your machine, under your complete control. This is a fundamental design principle of DUSK LAB.
7. Updates
7.1 Included Updates
Your license includes all updates within the current Major Version of the Software at the time of purchase. For example, if you purchase a license for version 1.0, you are entitled to all 1.x updates (1.1, 1.2, etc.) at no additional cost.
7.2 Major Version Upgrades
Major Version upgrades (e.g., from 1.x to 2.0) are separate products and may require an additional subscription. Existing subscribers will be offered a discounted upgrade price. You are never required to upgrade; your current version will continue to function for the duration of your active subscription.
7.3 Update Mechanism
Updates are delivered via manual download from the Deep-5 website. The Software does not contain an auto-update mechanism. You will be notified of available updates via email (if subscribed to the newsletter) or by visiting the website.
8. Termination
8.1 Termination by Licensor
Deep-5 may terminate this EULA if you materially breach any of its terms and fail to cure such breach within thirty (30) days of written notice. Material breaches include, but are not limited to, redistribution of the Software, sharing your License Key, or circumventing license verification.
8.2 Termination by Licensee
You may terminate this EULA at any time by uninstalling the Software and destroying all copies in your possession. No refund will be provided upon voluntary termination.
8.3 Effects of Termination
Upon termination of this EULA:
- You must cease all use of the Software and destroy all copies
- Your License Key will be deactivated
- Your Work Product remains your property and is not affected by the termination of this EULA
- Sections 4, 5, 9, 10, and 12 shall survive termination
9. Warranty Disclaimer
Subject to applicable consumer protection laws (including the French legal warranty of conformity under Articles L.217-3 et seq. of the French Consumer Code), the Software is provided "as is" and "as available".
Deep-5 warrants that the Software will perform substantially in accordance with its documentation under normal use conditions. Deep-5 does not warrant that:
- The Software will meet all your specific requirements
- The Software will be completely error-free or uninterrupted
- The Software will be compatible with all hardware configurations, GPU drivers, or operating system versions
- Defects in the Software will be corrected within a specific timeframe
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Deep-5 be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with this EULA or the use of the Software, including but not limited to loss of data, loss of profits, loss of revenue, or business interruption.
Deep-5's total aggregate liability under this EULA shall not exceed the license fee paid by you for the Software. This limitation applies regardless of the legal theory upon which the claim is based.
Nothing in this EULA shall exclude or limit liability for fraud, gross negligence, personal injury, or death, or any liability that cannot be excluded under applicable mandatory law.
11. Open Source Components
DUSK LAB incorporates the following open source libraries and components. Deep-5 acknowledges and thanks the developers of these projects:
| Component | License | Description |
|---|---|---|
| wgpu | MIT / Apache 2.0 | GPU compute and rendering framework |
| egui | MIT / Apache 2.0 | Immediate mode GUI library |
| winit | MIT / Apache 2.0 | Cross-platform windowing |
| image | MIT / Apache 2.0 | Image encoding and decoding |
| midir | MIT | MIDI input/output |
| rayon | MIT / Apache 2.0 | Data parallelism library |
| anyhow | MIT / Apache 2.0 | Error handling |
The full list of open source components, including their respective license texts, is available in the THIRD-PARTY-NOTICES.md file distributed with the Software. These components are used in accordance with their respective open source licenses, which remain unaffected by this EULA.
In the event of a conflict between this EULA and the license of an open source component with respect to that component, the open source license shall prevail.
12. Governing Law and Jurisdiction
This EULA is governed by and construed in accordance with the laws of France. Any dispute arising out of or in connection with this EULA shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Paris, unless otherwise required by mandatory consumer protection rules in your country of residence within the European Union.
13. Severability
If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
14. Complete Agreement
This EULA, together with the Terms of Service and Privacy Policy, constitutes the complete and exclusive agreement between you and Deep-5 regarding the Software. It supersedes all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.
15. Contact
For any questions regarding this End User License Agreement, please contact:
| contact@deep-5.com | |
| Postal address | Deep-5 SAS, 60 avenue François 1er, 75008 Saint-Cloud, France |
By installing or using DUSK LAB, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.