End User License Agreement (“EULA”) of skybox Audio LLC (“skybox Audio”)
PLEASE READ THIS EULA CAREFULLY. By installing and/or using any skybox Audio product (i.e., instrument sound sample/content) (collectively, the “Product”), you accept the following EULA. If you do not agree with the terms of this EULA, please do not install or utilize any skybox Audio Product.
1. License Grant/Scope
skybox Audio (or its licensors) grants you a non-exclusive, non-transferable, non-sublicensed, commercial and non-commercial license to install and/or use the Product (in whole or in part) (the “License”) in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use, for such time until either you or skybox Audio terminates this EULA. This License is expressly forbids resale or lease of the Product to any party.
skybox Audio allows you to use any of the sounds and samples in the library(s) you’ve purchased on a worldwide basis for commercial recordings without paying any additional license fees or providing source attribution to skybox Audio.
The license for this Product is granted only to a single user. This Product is a license to you, as a single user, and not sold.
You may use this Product on up to two (2) separate devices, which devices shall be owned and used by you exclusively. If you need more, special arrangements may be made on a case-by-case basis, in skybox Audio’s sole discretion.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms for use of the Product in compliance with this EULA.
This License expressly forbids any inclusion of content contained within this library, or any other skybox Audio library, into any other virtual instrument or library of any kind, without skybox Audio’s express written consent, in skybox Audio’s sole discretion.
This License also expressly 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 Reserved/Watermarking Policy
The Product, including accompanying documentation, is protected by copyright, trademark and patent laws and international copyright, trademark and patent treaties, as well as other intellectual property laws and treaties. skybox Audio retains full copyright, trademark and patent privileges and complete ownership of all recorded sounds, instrument programming, software, coding, documentation and musical performances included in this Product.
You may not reverse engineer, decompile, disassemble or create derivative works of the Product, except and only to the extent that the right to do so is mandated under applicable law.
While using the Product, you agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern your use of the Product, which are not meant to be exhaustive and can be modified at any time by skybox Audio.
You may not:
• create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act;
• translate, modify the Product nor allow a third party to do so;
• deliberately circumvent, alter or delete technological measures of protection and information provided by skybox Audio which identifies the Products, its owner and the terms and conditions for its use.;
• render or attempt to render inoperative any security measure integrated in the Product;
• use the Product to develop a product which is competitive with the Product;
• permit third-party access to, or use of, the Product, except as expressly permitted herein;
• attempt to create, derive, obtain the source code of the Product, or create a source code equivalent of or derivative of the Product, or cause or permit any third party to do so;
• modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above; or
• falsely claim an endorsement in connection with the Product or with skybox Audio.
Please note that the Product has been imbedded with a digital watermark specific to the serial number you have been given for this Product. If the Product ends up on other people’s computers, you will be held legally responsible, as it is legally required that you purchase and utilize this Product for yourself.
Any unauthorized use, distribution or reproduction of the Product shall not be permitted, shall constitute a violation of law, and shall entitle skybox Audio to, in addition to any other remedy at law or equity, injunctive relief, damages and attorney’s fees.
You further agree to take all reasonable steps to protect this Product from unauthorized copying or use.
Any rights not specifically granted herein are reserved by skybox Audio.
3. Term of License
This License is effective from the moment the Product is installed by any means. The License will remain in full effect until termination by you or by skybox Audio. The License is automatically terminated, without notice, if you violate any of the terms or conditions of this License. Upon termination for any reason, you agree to destroy all copies and contents of the Product at your own expense (and provide written verification to skybox Audio), and your right to use the Product automatically terminates. In the event of termination, Section 2, Section 5, Section 8 and Section 9 of this License shall survive termination.
If you are unhappy for any reason after installing, registering and using the Product, we will issue the processing of a full refund within 14 days of your purchase.
You must provide notice of request for refund to skybox Audio within 14 days of your purchase of the Product to be eligible for a refund.
Failure to include all required information may result in a denial of your request or a delay in the processing of your refund.
This policy applies to all Products and bundles except individual Expansion Pack purchases.
This policy also excludes Products obtained as Not For Resale or Products purchased at an authorized skybox Audio Reseller/Retailer. Any Products purchased from an authorized skybox Audio Reseller/Retailer should be returned to the third party retailer from which it was purchased (subject to that retailer's return policy).
• Please notify us via firstname.lastname@example.org that you have successfully used the Product with your system and would like a refund. Such notice must detail the reason for requesting a refund.
• Once the refund is authorized, skybox Audio will provide instructions on how to remove your serial code from Native Instruments Service Center or otherwise uninstall your Product.
• Once the process is complete, skybox Audio will refund the full purchase price to your original payment application (i.e., credit card).
Refund amount is subject to the currency exchange rate and applicable bank fees at the time of the refund.
5. Limitation of Liability/Limited Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS, AND SKYBOX AUDIO 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 OR RELATED MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SKYBOX AUDIO, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY 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 USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
Notwithstanding any damages that you might incur, the entire liability of skybox Audio and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you to skybox Audio for the Product during twelve (12) months preceding the event giving rise to the claim.
6. Bundle/Upgrade Purchases
All bundle and upgrade purchases and prices apply only to the Product line at the time of purchase. Customers who purchased a bundle or upgraded to the complete Product line are not eligible for additional discounts or free Products on future Product releases unless specifically noted by skybox Audio.
7. NFR (Not for Resale)/Free Products/EDU (Educational) Sales
All skybox Audio Products are subject to the terms of this license agreement, unless specified otherwise. 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 bona fide educational institutional facilities (subject to verification). Please note that not all Products are available for EDU Sales programs.
Your use of skybox Audio Products constitutes your express agreement to indemnify, defend and hold harmless skybox Audio, skybox Audio LLC, skyboxaudio.com, (and their respective parents, subsidiaries, affiliates, contractors, licensors, owners, agents, information providers, licensees, distributors, directors, manufacturers, officers, members and employees) (collectively, the “Indemnified Parties”) from and against any and all claims, complaints, demands, actions, suits and proceedings by any person, including any regulatory authority (each a “third party claim/proceeding”) and all resulting liabilities and obligations (including damages, administrative monetary penalties, financial sanctions, settlement payments, expenses and costs, including lawyer’s fees) arising from, connected with or relating to any of the following: (a) the use by or on behalf of you of any offered Products; (b) your reliance on any information contained in the Site, or (c) any negligence, misconduct or breach of this agreement, or any actual or alleged violation of any applicable law or infringement of any rights, by or on behalf of you or any other person for whom you are responsible under this agreement or at law.
skybox Audio reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which you agreed to indemnify skybox Audio.
9. General Terms
• This License shall be governed by California law applicable to contracts fully negotiated, executed and performed therein. Only the California courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Los Angeles County, 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 attorneys’ fees and court costs.
• You acknowledge that you have read this License and understand it and agree to be bound by its terms and conditions.
• You shall comply with all applicable export laws and regulations (“Export Laws”) to ensure that the Product is not exported, directly or indirectly, in violation of export Laws, or used for any purpose prohibited by Export Laws.
• skybox Audio may update this EULA from time to time without notice in order to reflect, for example, changes to skybox Audio’s practices or for other operational, legal or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.
For any questions concerning this EULA, you may contact skybox Audio at the following address: email@example.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.