Desktop Ducky End User License Agreement
This End User License Agreement (this “Agreement”) is a legal agreement between you (“you”) and Music For Trees, LLC (“Licensor,” “we,” or “us”) for the Desktop Ducky software, including its bundled assets, artwork, sounds, documentation, and any updates we provide to it (together, the “Software”).
BY CLICKING “I AGREE,” OR BY INSTALLING, ACTIVATING, OR USING THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
If you purchased the Software and do not agree, you may seek a refund from the place of purchase under its refund policy.
1. Health and safety notice: motion, photosensitivity, sound, and fatigue
PLEASE READ THIS SECTION CAREFULLY.
The Software is an animated desktop toy. By design, it draws moving, shimmering, and rippling imagery on top of your desktop, including water ripple and refraction effects that visibly bend and distort on-screen content, sudden movement, splashes, confetti bursts, rapidly changing light, color, and contrast, and other continuous motion.
A small percentage of people may experience seizures, blackouts, or other symptoms when exposed to certain visual patterns, including flashing or flickering effects, even with no prior history of epilepsy or seizures. If you or anyone who will view the screen has experienced seizures or has an epileptic or vestibular (motion-sensitivity) condition, consult a physician before using the Software. STOP USING THE SOFTWARE IMMEDIATELY AND CONSULT A PHYSICIAN if you experience dizziness, altered vision, eye or muscle twitching, loss of awareness, disorientation, involuntary movement, convulsions, nausea, or motion sickness.
The Software also plays sound, including sudden one-shot effects such as splashes, squeaks, quacks, and bells. Set your system and in-app volume to a comfortable level before extended use, and stop using any audio that causes you discomfort. As with any screen-based activity, prolonged use may contribute to eye strain or fatigue; take regular breaks.
The Software draws a fullscreen overlay above your other windows. Although it is designed to pass clicks through to the desktop beneath it and to exclude itself from screen capture, Licensor does not warrant that it will not interfere with assistive technologies (such as screen readers, screen magnifiers, or high-contrast modes) or with any other software on your system. If you experience interference, stop using the Software or disable the feature causing it.
The Software includes settings and features intended to reduce motion, animation, flashing, transparency, and other visual intensity, to adjust text size and contrast, to allow keyboard operation, and to announce certain events to screen readers, and it attempts to honor certain operating system accessibility signals such as Reduce Motion (together, the “Accessibility Features”). The Accessibility Features are provided as a convenience only and, like the rest of the Software, are provided AS IS. Licensor does not represent, warrant, or guarantee that the Accessibility Features or the Software: (a) function at all, or function as designed or described, on any system, in any configuration, or with any assistive technology; (b) eliminate or sufficiently reduce motion, flashing, flicker, contrast, or any other visual stimulus for any person or any condition; (c) conform to WCAG, EN 301 549, Section 508, or any other accessibility standard, guideline, or law; or (d) are suitable for people with photosensitive epilepsy, vestibular disorders, or any other medical condition. Descriptions of the Software or the Accessibility Features on Licensor’s websites (including any accessibility page), in documentation, or in marketing materials are informational only, describe design intent rather than guaranteed behavior, may be inaccurate or out of date, do not form part of this Agreement, and create no representation, warranty, or condition. The Software is a decorative entertainment product. It is not a medical, assistive, or safety product, and it is not designed, tested, or certified for use in settings where conformance with accessibility standards or laws is required. You are solely responsible for deciding whether the Software is appropriate for you and for anyone else who can see the display it runs on, and for configuring or discontinuing it accordingly.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING FROM EXPOSURE TO THE SOFTWARE’S VISUAL AND MOTION EFFECTS, WHETHER OR NOT ANY ACCESSIBILITY FEATURE IS ENABLED.
Nothing in this Section 1 limits rights that applicable law does not allow to be limited by contract.
2. License
Subject to your compliance with this Agreement and payment of the applicable fee, Licensor grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and run the Software, in executable form only, for your personal use or your own internal business use, on up to the number of devices your license key allows (five activations, unless the terms of your purchase state otherwise). The Software is licensed to you, not sold.
3. License keys and activation
The Software requires a license key, delivered when you purchase it. Activation and periodic validation contact the licensing servers of our merchant of record (Lemon Squeezy, LLC) over the internet, transmitting your license key and basic activation metadata (such as an instance identifier and name). Keep your key confidential: you may not publish, share, sell, or otherwise transfer it, except that you may transfer your license permanently to another person if you transfer the key and all copies of the Software and the recipient accepts this Agreement. Licensor may deactivate license keys that are refunded, subject to a chargeback, leaked, resold, or used in breach of this Agreement. Purchases, billing, and refunds are handled by the merchant of record under its own terms of sale.
4. Restrictions
You may not, and may not permit anyone else to: (a) copy (except for a reasonable number of backup copies), distribute, publish, rent, lease, lend, sell, sublicense, or host the Software; (b) modify, translate, adapt, or create derivative works of the Software; (c) reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive its source code, except to the extent applicable law expressly permits despite this limitation; (d) circumvent, disable, or interfere with license enforcement, activation, or any technical protection in the Software; (e) remove, alter, or obscure any proprietary notices; (f) extract or use any bundled asset (including models, artwork, and sounds) separately from the Software; or (g) use the Software in violation of applicable law.
5. Ownership and third-party components
The Software is protected by copyright and other intellectual property laws. Licensor and its licensors retain all right, title, and interest in and to the Software, and reserve all rights not expressly granted in this Agreement. The Software includes third-party assets and components used under their own licenses; attributions are listed in the app’s About screen and in the credits files distributed with the Software. Nothing in this Agreement grants you rights in those third-party materials beyond their use as part of the Software.
6. Privacy, screen capture, and network access
The optional “screen water” visual effect can capture images of your screen, with your permission where the operating system requires one, solely to render the ripple and refraction effects in real time on your own display. The Software is designed to process captured frames locally in memory, not to save them to disk, and not to transmit them anywhere; it is designed to limit its network access to (a) license activation and validation with the merchant of record, as described in Section 3, and (b) checking for software updates (currently against GitHub); and it contains no advertising and is designed to collect no analytics or telemetry. Licensor does not sell personal information. The statements in this paragraph describe design intent only and are not a warranty, representation, or condition (Section 9).
NO SECURITY GUARANTEE; USE AT YOUR OWN RISK. No software, device, or operating system is perfectly secure. To the maximum extent permitted by applicable law, Licensor does not warrant, and assumes no responsibility for, the security of your device or data, and is not liable if screen content or other data is accessed, captured, intercepted, redirected, disclosed, or misused by or through other software, operating-system features, vulnerabilities, attackers, or any cause beyond the Software as delivered by Licensor (Sections 9 and 10). The screen-capture feature is optional: you may decline the operating-system permission or select a non-capturing water mode at any time, and if you work with sensitive on-screen content, you are responsible for deciding whether to enable it. You assume all risk arising from enabling screen capture or displaying sensitive content on your screen while any software runs.
License activation and payment are provided by the merchant of record, and update checks are served by a code-hosting provider (currently GitHub). Those services are operated by third parties under their own terms and privacy policies, and Licensor is not responsible for their acts, omissions, availability, security, or handling of data.
Your screen remains yours: the Software renders its effects using imagery already visible on your own display. You are solely responsible for the content shown on your screen and for any disclosure of on-screen content that occurs when you share, broadcast, stream, or record your screen (including with the Software’s effects visible) using any other tool or service.
7. Updates
Licensor may, but is not obligated to, provide updates, which may add, change, or remove features. This Agreement governs updates unless an update comes with separate terms. Licensor may discontinue the Software or any feature at any time without liability, subject to any non-waivable rights you have under applicable law.
8. Term and termination
This Agreement is effective until terminated. It terminates automatically, without notice, if you breach it. Upon termination you must stop using the Software and destroy all copies. Sections 1, 4, 5, 6, and 9 through 18 survive termination.
9. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, INCLUDING THE ACCESSIBILITY FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE MEETS ANY ACCESSIBILITY STANDARD OR IS SUITABLE FOR ANY PARTICULAR USER OR CONDITION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR CREATES A WARRANTY. STATEMENTS ON LICENSOR’S WEBSITES, IN DOCUMENTATION, OR IN MARKETING MATERIALS DESCRIBE DESIGN INTENT ONLY AND CREATE NO WARRANTY, REPRESENTATION, OR CONDITION. THE SOFTWARE IS A DESKTOP TOY: IT IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN ANY SITUATION REQUIRING FAIL-SAFE PERFORMANCE OR IN WHICH FAILURE, ERROR, OR INTERFERENCE COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE (INCLUDING MEDICAL, LIFE-SUPPORT, EMERGENCY-RESPONSE, INDUSTRIAL-CONTROL, NAVIGATION, OR SIMILAR HIGH-RISK ENVIRONMENTS), AND YOU AGREE NOT TO USE IT IN ANY SUCH ENVIRONMENT.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL LICENSOR OR ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR PRODUCTIVITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE AND TEN U.S. DOLLARS (USD 10). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, AND TO THE SAME MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR IS NOT LIABLE FOR: (I) UNAUTHORIZED ACCESS TO, OR INTERCEPTION, CORRUPTION, OR LOSS OF, YOUR DATA, DEVICES, OR ACCOUNTS, INCLUDING BY MALWARE OR BY THIRD PARTIES; (II) ANY COMPROMISE OF PRIVACY, SECURITY, OR SAFETY NOT CAUSED BY THE SOFTWARE ITSELF, INCLUDING ANY DISCLOSURE OF CONTENT VISIBLE ON YOUR SCREEN THROUGH SHARING, BROADCASTING, STREAMING, OR RECORDING; (III) INTERFERENCE WITH, OR THE AVAILABILITY OR PERFORMANCE OF, OTHER SOFTWARE, HARDWARE, NETWORKS, OR SERVICES; (IV) THIRD-PARTY SERVICES, INCLUDING PAYMENT, LICENSING, DOWNLOAD, AND UPDATE INFRASTRUCTURE; OR (V) LOSSES THAT COULD HAVE BEEN AVOIDED BY REASONABLE PRECAUTIONS, INCLUDING KEEPING BACKUPS. YOU ARE RESPONSIBLE FOR YOUR DEVICE, ITS SECURITY AND CONFIGURATION, AND FOR MAINTAINING BACKUPS OF YOUR DATA.
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including, where such law so provides, liability for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
11. Consumer rights
If you are a consumer, you may have statutory rights (for example, under European Union, United Kingdom, or Australian consumer law) that this Agreement cannot change. Nothing in this Agreement limits or excludes those rights.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Licensor from third-party claims, damages, and reasonable costs (including attorneys’ fees) arising from your breach of this Agreement or your misuse of the Software.
13. Export compliance
You may not use or export the Software in violation of applicable export control or sanctions laws.
14. U.S. Government end users
The Software is “commercial computer software.” Use by or for the U.S. Government is subject to this Agreement pursuant to FAR 12.212 and DFARS 227.7202.
15. Governing law and venue
This Agreement is governed by the laws of the U.S. state in which Licensor has its principal place of business, without regard to conflict-of-laws rules. The state and federal courts located in that state have exclusive jurisdiction over disputes arising out of or relating to this Agreement, and each party consents to personal jurisdiction and venue there. If you are a consumer habitually resident in a jurisdiction whose law requires disputes to be brought or governed differently, the mandatory provisions of that law apply instead. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. Informal resolution
If you have a concern arising out of this Agreement or the Software, including an accessibility concern, please contact hello@desktopducky.com with a description of the problem before pursuing any formal claim, and allow thirty (30) days for Licensor to try to resolve it. Most problems can be fixed in an update. This step does not waive any right or remedy either party may have.
17. Time to bring claims
To the extent permitted by applicable law, any claim arising out of or relating to this Agreement or the Software must be filed within one (1) year after the claim accrues, or it is permanently barred.
18. General
This Agreement is the entire agreement between you and Licensor about the Software and supersedes all prior communications on that subject. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. A failure to enforce a provision is not a waiver. You may not assign this Agreement except as part of the license transfer described in Section 3; Licensor may assign it in connection with a merger, acquisition, or sale of assets.
Questions and notices: Music For Trees, LLC, hello@desktopducky.com.