End user licence agreement

1. About this agreement

This agreement is between you and Dusk Engineering Services Ltd, a company registered in England and Wales with company number 16446454, whose registered office is at 128 City Road, London, EC1V 2NX, United Kingdom ("we", "us"). It sets out how you may use Dusk VM: the software for Mac, Windows and Linux, its updates, the guest tools that come with it, and its documentation (together, the "Software").

By installing or using the Software you accept this agreement. If you're accepting it for an organisation, you confirm you're allowed to bind that organisation, and "you" means the organisation. If you don't accept it, don't install or use the Software.

We sell the Software through Paddle.com, which acts as our reseller and Merchant of Record. Your purchase is a contract with Paddle under Paddle's buyer terms; see our terms of sale. This agreement governs your use of the Software itself.

2. Your licence

Subject to this agreement, we grant you a non-exclusive, non-transferable licence to install and use the Software on the number of computers ("seats") included with your licence when you bought it, for personal or business purposes.

• One seat is one computer on which the licence key has been activated. The seats can be any mix of the Mac, Windows and Linux versions of the Software that we make available. We don't promise that a version for a particular platform will be released, or when.
• You can free a seat at any time from your account page, for example to move the licence to a new computer.
• A licence key is for you (or your organisation) only. Don't share it beyond your seats, publish it or resell it.

3. Free trial

You may use the Software free of charge for the trial period stated on our website, counted from the first time you open it. The trial includes every feature and is for evaluation. When it ends, the Software won't start virtual machines until you enter a licence key, but you can still open your library, change settings and delete machines, so you keep access to your data.

4. Editions

Standard (one-off purchase)

• A Standard licence is perpetual for the major version you bought (for example, every 1.x release). It includes every update we release within that major version.
• Later major versions (for example 2.0) are not included and need a new purchase.
• Standard limits each virtual machine to the processor and memory allowance shown on our pricing page when you bought it.

Pro (subscription)

• A Pro licence lasts while your subscription is paid, and includes every update we release during that time, including new major versions.
• Your subscription renews automatically at the end of each billing period until you cancel it. You can cancel at any time from your account page; the cancellation takes effect at the end of the period you've paid for.
• If a renewal payment fails, the licence keeps working for a grace period of 14 days. If payment still hasn't been made by the end of the grace period, the licence stops working until the subscription is renewed.
• When a Pro licence stops working, the Software won't start virtual machines with it. Nothing on your computer is deleted.
• Features we describe as planned are not part of what you buy. We may add them, change them or decide not to build them.

5. Activation and licence checks

To activate a computer, the Software sends your licence key and a few details about the computer to our licence server and receives a signed activation token in return. Afterwards it checks in with the server from time to time to refresh the token; that is how subscription renewals, freed seats and refunds take effect. A Standard licence keeps working without a connection. A Pro licence works without a connection until the end of its paid period and grace period. Our privacy policy explains exactly what is sent.

If an order is refunded or charged back, or a licence was obtained fraudulently, we may revoke the licence, and the Software will stop accepting it at its next check.

6. What you may not do

Except as this agreement allows, or as the law allows you and that right cannot be excluded by contract, you must not:

• copy, modify, translate or create derivative works of the Software;
• reverse engineer, decompile or disassemble the Software;
• rent, lease, lend, sell, sublicense or otherwise distribute the Software or a licence key;
• remove, bypass or interfere with the licence checks, or use the Software beyond your seats or edition;
• remove or alter any copyright, trade mark or other notice in the Software.

This section doesn't limit your rights under the licences of the open-source programs included with the Software (see section 8).

7. Guest operating systems

The Software runs other operating systems ("guests"). We don't supply or license any guest operating system, and you are responsible for having the right to use every guest you run.

• Windows needs its own licence from Microsoft. The Software's Express install selects a Windows edition with Microsoft's published generic key, which does not activate Windows. You must enter a valid product key of your own.
• macOS guests are permitted only on Apple-branded hardware and only on the terms of Apple's software licence agreement for macOS, which you must follow.
• Linux distributions and other guests come under their own licences. Images listed in the Software's catalogue are downloaded directly from their publishers.

8. Open-source components

The Software includes separate open-source programs, such as QEMU, swtpm and Samba, which come under their own licences. Those licences, not this agreement, govern your use of those programs, and nothing in this agreement restricts the rights they give you. The third-party software notice lists them and explains how to get their source code.

9. Your machines and data

Your virtual machines, their disks and snapshots are stored on your computer. You're responsible for backing them up. Snapshots are kept alongside the machine and are not a backup.

10. Updates

The Software can check for updates and offer to install them. Updates may add, change or improve features. Which updates your licence includes depends on your edition (section 4).

11. If you are a consumer

If you use the Software for purposes wholly or mainly outside your trade, business, craft or profession, you have legal rights in relation to digital content that isn't as described, not of satisfactory quality or not fit for purpose, including under the Consumer Rights Act 2015. Nothing in this agreement affects those rights. Advice about your rights is available from Citizens Advice.

If defective digital content that we have supplied damages a device or digital content belonging to you, and that damage was caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

12. What we promise, and what we don't

We will provide the Software with reasonable care and skill, and it will match the description on our website in all material respects. Beyond that, and except for your statutory rights, we don't promise that the Software will be free of errors, will run without interruption, or will work with every guest operating system, host configuration or piece of hardware. Virtualisation depends on your computer, its operating system and the guest, which are outside our control.

13. Our liability to you

Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

If you are a consumer: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. The Software is supplied for domestic and private use; we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

If you are a business: we are not liable, whether in contract, tort (including negligence) or otherwise, for any loss of profits, revenue, business, goodwill or anticipated savings, for loss or corruption of data, or for any indirect or consequential loss. Our total liability arising out of or in connection with this agreement is limited to the amount paid for your licence in the 12 months before the event giving rise to the claim.

14. Ending this agreement

You can end this agreement at any time by uninstalling the Software. We may end your licence by notice to you if you seriously break this agreement and, where the breach can be fixed, you don't fix it within 14 days of our asking. When the agreement ends you must stop using the Software. Sections 7, 8, 11, 13 and 15 continue after it ends.

15. General

• This agreement, the terms of sale and the privacy policy are the whole agreement between us about the Software.
• We may transfer our rights and obligations under this agreement to another organisation; we'll tell you if we do, and it won't affect your rights. You may transfer your licence only with our written consent.
• If a court decides that part of this agreement is unlawful, the rest stays in force.
• If we don't insist on something straight away, we can still insist on it later.
• No one other than you and us has any right to enforce this agreement.
• We may update this agreement for future versions of the Software. The version that applied when you installed a release continues to apply to that release.

16. Governing law

This agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts, and if you live elsewhere you keep any protection given to you by the mandatory law of your country.

17. Contact

Dusk Engineering Services Ltd, 128 City Road, London, EC1V 2NX, United Kingdom. Email support@duskvm.app.