Licensing Agreement

LICENSE AGREEMENT 

By downloading or installing any DarkSkyAudio sound library you accept the following product licensing agreement: 

1. LICENSE GRANT 

The license for this product is granted only to a single user. You may use this product on up to two separate computers, of which shall be owned and used by you exclusively. If you need more licences, special arrangements may be made on a case-by-case basis. All sounds and samples in this product are licensed, but not sold to you by DarkSkyAudio, for commercial and non-commercial use in music, sound-effects, audio/video post-production, performance, broadcast or similar finished content-creation and production use. 

DarkSkyAudio allows you to use any of the sounds and samples in the library / libraries you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to DarkSkyAudio. This license is non-transferable and expressly forbids resale, gifting or lease of the product(s). 

This license also expressly forbids any inclusion of content contained within this library, or any other DarkSkyAudio library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis. 

2. RIGHTS

The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DarkSkyAudio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specially granted herein are reserved by DarkSkyAudio. 

Any unauthorised use, distribution or reproduction of the product shall not be permitted, and shall constitute a violation of copyright law, and shall entitle DarkSkyAudio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by DarkSkyAudio which identifies the products, its owner and the terms and conditions for its use. If the product is used in other people’s music, you will be held legally responsible of violating this licensing agreement. You further agree to take all reasonable steps to protect this product from unauthorised copying or use. 

3. REFUNDS 

Downloaded libraries can’t be returned, so we can’t provide refunds. Please choose your selection carefully. 

4. LIMITED WARRANTY/LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DarkSkyAudio DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DarkSkyAudio, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE INSTALLATION OR USE OF THE PRODUCT) WHETHER OR NOT THE SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY. 

5. TERMS 

This license agreement is effective from the moment the product is downloaded or installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7. 

6. NFR (Not for Resale)/EDU (Educational) Sales: 

All DarkSkyAudio libraries are subject to the terms of this License Agreement, unless specified otherwise. NFR and EDU copies are exempt from update or upgrades or additional discounts, sales or coupons. Notwithstanding other sections of this license, any products provided to you for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities and must not be used for commercial purposes. 

7. GENERAL TERMS 

(a) This license shall be governed by UK law applicable to contracts fully negotiated, executed and performed therein. Only the UK Courts shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those Courts, in the UK, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this License, the prevailing party shall be entitled to reasonable attorney’s fees and Court costs. 

(b) You agree that this License contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of this License. 

(c) You acknowledge that you have read this License and understand it and agree to be bound by its terms and conditions.

Cookies & Privacy

Cookies in use on this site and how they benefit you

Our website uses cookies, as almost all websites do, to help provide you with the best experience we can. Cookies are small text files that are placed on your computer or mobile phone when you browse websites.

Our cookies help us:

  • Make our website work as you’d expect
  • Remember your settings during and between visits
  • Improve the speed/security of the site
  • Personalise our site to you to help you get what you need faster
  • Continuously improve our website for you
  • Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do).

We do not use cookies to:

  • Collect any personally identifiable information (without your express permission)
  • Collect any sensitive information (without your express permission)
  • Pass data to advertising networks
  • Pass personally identifiable data to third parties
  • Pay sales commissions.

You can learn more about all the cookies we use below…

 

Granting us permission to use cookies

If the settings on your software that you are using to view this website (your browser) are adjusted to accept cookies, we take this (and your continued use of our website) to mean that you are fine with the use of our cookies. Should you wish to remove or not use cookies from our site you can learn how to do this below; however doing so will likely mean that our site will not work as you would expect.

 

More about our cookies

Website Function Cookies:

Our own cookies. We use cookies to make our website work including:

  • Making our shopping basket and checkout work
  • Tailoring content to your needs

There is no way to prevent these cookies being set other than to not use our site.

 

Third-party funtions

Our site, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. Our site includes the following which use cookies:

  • Youtube – allowing you to watch video content on our website.
  • Google Analytics – so we can test and adjust our content to best suit your needs.
  • Gumroad Affiliate Links – if you’ve visited our site from a third party link, this cookie ensures those third parties are recognised and appropriately rewarded.

Disabling these cookies will likely break the functions offered by these third parties.

 

Site improvement cookies

We regularly test new designs or site features on our site. We do this by showing slightly different versions of our website to different people and anonymously monitoring how our site visitors respond to these different versions. Ultimately this helps us to offer you a better website.

We use:

  • Google Analytics

 

Visitor statistic cookies

We use cookies to compile visitor statistics such as how many people have visited our website, what type of technology they are using (e.g. Mac or Windows which helps to identify when our site isn’t working as it should for particular technologies), how long they spend on the site, what page they look at etc. This helps us to continuously improve our website. These so called “analytics” programs also tell us if how people reached this site (e.g. from a search engine) and whether they have been here before helping us to put more money into developing our services for you instead of marketing spend.

We use:

  • Google Analytics

 

Turning cookies off

You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies, learn how here. Doing so however will likely limit the functionality of our’s and a large proportion of the world’s websites as cookies are a standard part of most modern websites.

It may be that you have concerns around cookies relate to so-called “spyware”. Rather than switching off cookies in your browser, you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.

Learn more about managing cookies with antispyware software;

The cookie information text on this site was derived from content provided by Attacat Internet Marketing http://www.attacat.co.uk, a marketing agency based in Edinburgh. If you need similar information for your own website you can use their free cookie audit tool.

Do you offer discounts or sales?

We do not have sales, however, we occasionally offer discounts to subscribers.

Buy our products at any time, our products will not fluctuate in price during the year!

Do these instruments run in the Kontakt player?

No. Our libraries will only run in the full version of Kontakt.

You can get Native Instrument’s Kontakt from:

https://www.native-instruments.com/en/products/komplete/samplers/kontakt-8/

Or as a part of a bundle:

https://www.native-instruments.com/en/catalog/komplete/

What kind of payments do you accept?

Either Paypal or Debit/Credit card.

Payments and your product downloads are handled securely by Gumroad.

To find out more about Gumroad, go to www.gumroad.com.

What is your refund policy?

Digital Product Policy

Our Kontakt libraries, preset packs and sample packs are digital products and cannot be returned once downloaded. By purchasing, you acknowledge that all sales are final, except under the conditions outlined below.

 

14-Day Refund Window (Eligibility)

We offer a 14-day refund policy under the following circumstances:

• You purchased a digital product by mistake and have NOT downloaded it.

• You experience a technical issue that prevents you from using one of our digital products, and our support team is unable to resolve it within 14 days of purchase.

 

Non-Refundable Cases

• Refunds will NOT be issued for buyer’s remorse or if the product does not meet personal expectations.

• Refunds are not available if a digital product has been downloaded.

• Refunds are not available if you do not own the appropriate version of Kontakt to run our digital product on your computer (our website and checkout clearly state the version of Kontakt needed – please check before making a purchase).

• Payment plan purchases (instalments) are non-refundable once the first payment is processed.

 

How to Request a Refund

• Click here to contact our support team or email us at hello@darkskyaudio.com within 14 days of purchase.

• Provide proof of purchase and details about the issue.

• If eligible, a refund will be processed within 10-14 business days.

Does backing my instrument up on a separate drive in breach of the license?

No. In fact, we encourage you to make a back up of your libraries and sounds. It will insure that you don’t lose your library files, even if your computer fails.

How many computers can I install an instrument on with a single license?

You are licensed to install your DarkSkyAudio Kontakt libraries on as many computers as you personally own.

Please do not gift or sell our libraries to other people. It breaches our license agreement with you and the recipients, and affects our ability to continue creating awesome audio tools…something we love to do.

Do you store my payment details?

No! Your payments are processed directly by either Gumroad and/or PayPal. We do not gather or retain any of your financial information.

To learn more about these companies and their payment processes, check out www.gumroad.com and www.paypal.com.

DarkSkyAudio legal licensing agreement

LICENSE AGREEMENT 

By downloading or installing any DarkSkyAudio sound library you accept the following product licensing agreement: 

1. LICENSE GRANT 

The license for this product is granted only to a single user. You may use this product on up to two separate computers, of which shall be owned and used by you exclusively. If you need more licences, special arrangements may be made on a case-by-case basis. All sounds and samples in this product are licensed, but not sold to you by DarkSkyAudio, for commercial and non-commercial use in music, sound-effects, audio/video post-production, performance, broadcast or similar finished content-creation and production use. 

DarkSkyAudio allows you to use any of the sounds and samples in the library / libraries you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to DarkSkyAudio. This license is non-transferable and expressly forbids resale or lease of the product(s). 

This license also expressly forbids any inclusion of content contained within this library, or any other DarkSkyAudio library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis. 

2. RIGHTS

The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DarkSkyAudio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specially granted herein are reserved by DarkSkyAudio. 

Any unauthorised use, distribution or reproduction of the product shall not be permitted, and shall constitute a violation of copyright law, and shall entitle DarkSkyAudio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by DarkSkyAudio which identifies the products, its owner and the terms and conditions for its use. If the product is used in other people’s music, you will be held legally responsible of violating this licensing agreement. You further agree to take all reasonable steps to protect this product from unauthorised copying or use. 

3. REFUNDS 

Downloaded libraries can’t be returned, so we can’t provide refunds. Please choose your selection carefully. 

4. LIMITED WARRANTY/LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DarkSkyAudio DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DarkSkyAudio, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE INSTALLATION OR USE OF THE PRODUCT) WHETHER OR NOT THE SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY. 

5. TERMS 

This license agreement is effective from the moment the product is installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7. 

6. NFR (Not for Resale)/EDU (Educational) Sales: 

All Dark Sky Audio libraries are subject to the terms of this License Agreement, unless specified otherwise. NFR and EDU copies are exempt from update or upgrades or additional discounts, sales or coupons. Notwithstanding other sections of this license, any products provided to you for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities and must not be used for commercial purposes. 

7. GENERAL TERMS 

(a) This license shall be governed by UK law applicable to contracts fully negotiated, executed and performed therein. Only the UK Courts shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those Courts, in the UK, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this License, the prevailing party shall be entitled to reasonable attorney’s fees and Court costs. 

(b) You agree that this License contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of this License. 

(c) You acknowledge that you have read this License and understand it and agree to be bound by its terms and conditions.