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Looking to test the creative waters? Check out the Echo lease. You're not going to make any money off of it, but we've all gotta start somewhere. Get your feet wet and then upgrade when you're ready to get serious and make that heat! 🔥
Chat with the Beat Bro Bot —your personal AI assistant here to guide you through selecting the perfect lease for your project! 😎
*Of course, always check the fine print...even mine! 😉
Here’s What’s Going On:
First off, thanks for grabbing this beat from OMR Beats - AggaRhythms. We’re about to break down what you can and can’t do with it. This is the easy-to-read version, but make sure you take a look at the full legal lease, too. It’s got all the details, and you don’t want to miss anything important. Knowledge is power, right?
The Cost? Nothing:
This Echo License is totally free. Yep, you heard that right. But it’s got some strings attached, like sticking to the Free Beats Policy. More on that in a sec.
How Do You Get the Beat?
I’ll send you a high-quality MP3 file with tags. The tags stay on there unless you decide to upgrade and buy a license. For now, you can use the beat to experiment, write, and see what you come up with.
How Long Does This Last?
You’ve got four years to use this license. After that, it’s back to square one.
Using the Beat:
With this license, you can use the beat for non-commercial, non-profit projects only. That means no selling, no monetizing, no making money off of it in any way. But hey, feel free to post your track on social media or YouTube to see how people vibe with it. If things take off, you might want to consider investing in a full license.
Free Beats Policy:
Here’s the deal with these free beats:
Important Note: If you misuse the free beats, like selling them or changing them without permission, it’s a big no-no. Legal action could come into play, and nobody wants that.
Distribution and Streaming Limits:
Sync Rights (for Music Videos):
You’re not allowed to use this beat in music videos or any other audiovisual projects with this license. If you want to do that, you’ll need to buy a separate license.
Broadcasting Rights:
You don’t get any rights to have this track played on the radio, TV, or anywhere else that would count as broadcasting.
Live Performances:
Feel free to perform your track live as much as you want, as long as you’re not getting paid for it. Non-profit performances are all good.
Keeping Things Legit:
You can’t register this track with YouTube’s Content ID, or any similar service, and don’t even think about passing this license on to someone else. It’s just for you. And don’t go selling or streaming the beat by itself—use it to make something new.
Credit Where Credit’s Due:
If you share your track online, make sure you give credit: "Produced by OMR Beats - AggaRhythms" or "Prod. by OMR Beats - AggaRhythms." It’s a simple shout-out, but it means a lot.
If Something Goes Wrong:
If you break any of these rules, I have the right to take legal action, and that could get expensive for you. Plus, I might need to audit your accounts to make sure everything’s on the up and up.
Legal Stuff:
This beat is provided “as-is,” meaning I’m not making any promises about how it’ll work for your project. You’re responsible for what you do with it. And if we ever need to sort things out in court, it’s going down in New Mexico.
Final Thoughts:
This license is all about making sure we’re both on the same page. It’s non-transferable and binding—so no passing it off to someone else.
Last but Not Least:
Music is about expressing yourself, so get out there and make something great. Stick to these guidelines, but don’t forget to enjoy the process. And hey, if you ever want to take things to the next level, hit me up. Let’s keep the music alive and kicking!
First Off, Thanks for Choosing OMR Beats - AggaRhythms!
You’ve licensed a beat with the Vibe License, and that’s a big step. This breakdown is here to make sure you get the gist of what this license covers. But remember, this is just a chill version of the legal talk. You should still check out the full legal lease to catch all the details.
Money Matters
You paid for this beat, and that’s what gets you the rights to use it. As soon as that payment’s through, the beat is yours to use under the conditions we’ve laid out.
Getting the Beat
Once the payment’s cleared, I’ll send the beat files your way via email. You’ll get both MP3 and WAV versions, untagged and ready to go.
How Long Does This Last?
This license gives you four years to use the beat however you want. After those four years, the license expires, and the rights return to me.
Using the Beat
You can take this beat and create one new track with it. You can mess with the arrangement, length, tempo, or pitch, but adding new instruments or making big changes to the beat requires my OK.
This license gives you a worldwide, non-exclusive pass to use the beat. Keep in mind that others might be using the same beat since I’m still licensing it to other artists too.
Distribution and Streaming Limits
You can use this beat to create up to 5,000 copies of your track, whether digital or physical. You also get up to 100,000 monetized audio streams on platforms like Spotify and Apple Music. If you’re giving away your track for free, go ahead—there’s no limit on free downloads.
However, if you’re thinking about making a video with this track, you’re allowed one music video with up to 100,000 non-monetized streams. If you want to go beyond that, or if you need to use the beat in TV, film, or games, you’ll need a different license.
Live Performances
You can perform this track live as much as you want, as long as you’re not getting paid for it. Non-profit performances? Go wild!
Giving Credit
Whenever you drop this track, make sure to shout out the production with “Produced by OMR Beats - AggaRhythms” or “Prod. by OMR Beats - AggaRhythms.” It’s important to give credit where it’s due.
Registering Your Track
If you’re registering your new track with a PRO (Performing Rights Organization) like BMI, make sure to include me as 50% of the composition and publishing. This helps both of us get the credit and royalties we deserve.
Content ID and Registration
You can’t register the track with any content ID system or digital aggregator like YouTube Content ID, TuneCore, or CD Baby. This license doesn’t cover that. If you do, it’s a breach of this agreement, and we might have to handle it legally.
Keep It Cool
Stick to the rules and you’ll be all good. This license is non-transferable, meaning you can’t pass it on to someone else. If you breach this agreement, the license is done, and you’ll need to stop using the beat.
A Final Note
This license is for your personal use, and it’s your responsibility to know what’s allowed and what’s not. If there’s ever any confusion or you want to take things to the next level, just reach out. And remember, while this summary gives you the basics, checking out the full legal lease will make sure you’re fully covered. Make some dope music, and let’s keep things smooth between us!
What’s This About?
Hey, thanks for grabbing a beat from OMR Beats - AggaRhythms! This Flow License is like our handshake to make sure we’re both on the same page. It breaks down what you can do with the beat and how you can use it. While this is a quick and easy version to read, I strongly recommend you check out the full legal lease to make sure you’re up on all the details. It’s important to know exactly what you’re agreeing to, so don’t skip the fine print!
Money Talk: The License Fee
You’ve paid for the beat, right? Awesome. That payment locks in your rights to use the beat just like we’re laying out here. If the payment doesn’t go through, though, all these rights are off the table.
Getting Your Beat
After your payment clears, I’ll send you the beat files—MP3 and WAV, high-quality, and no tags. Keep an eye on your email; that’s where it’ll land.
How Long Does This Last?
You’ve got four years to use the beat from the date you bought it. After that, the license expires, and the rights come back to me.
How Can You Use the Beat?
This license lets you take the beat and create one new track. You can tweak the arrangement, change the length, adjust the tempo, or mess with the pitch. But adding new instruments or making major changes? That needs my OK first.
You can use the beat in your new song pretty much anywhere around the world. But keep in mind, you’re not the only one who can use this beat—I’m still licensing it to others too.
Selling and Streaming Your Track
You’re allowed to sell or press up to 10,000 copies of your track—whether it’s CDs, digital downloads, or whatever. And you can stream it up to 500,000 times on platforms like Spotify, Apple Music, and the rest. But heads up, you can’t monetize it on YouTube with this license.
If you’re giving away your track for free, though, there’s no cap on that—go wild and share it as much as you want.
Music Videos and Syncing
You’re allowed to use the beat in one non-monetized music video on sites like YouTube or Vimeo. But if you’re thinking about TV, movies, or video games, you’ll need to get another license.
Radio Play
You’re good to go with getting your track played on up to two radio stations, whether it’s internet radio, FM, AM, whatever.
Live Performances
Go ahead and perform your track live as much as you want, and you can get paid for up to 400 of those shows. There’s no limit on non-profit performances—rock the stage as much as you can.
Remember, you can’t sell the beat as it is—you’ve got to make a new track with it. Trying to sell the beat by itself would be a major no-no.
Keeping It Legit
No need to worry about paying me any royalties beyond what we’ve agreed here. But if you step outside these lines, there could be some serious consequences.
What You Can’t Do
You’re not allowed to pass this license on to someone else. And you can’t sync the beat to videos, TV, movies, or games unless we’ve talked about it first. No sampling the beat for other projects, no illegal copying or sharing, and no trying to register the beat as your own on platforms like YouTube Content ID.
Remember, you own your lyrics and any new parts you’ve added to the song, but I still own the beat itself.
Your Rights and Responsibilities
When you register your new song with a PRO (and seriously, you should—it’s how you get paid!), make sure you give me credit for 50% of the composition and publishing.
What Happens If Something Goes Wrong?
If there’s a problem or someone comes after you for using the beat, you’ll need to handle it. I’m giving you the beat as-is, with no promises. And if you break this agreement, I might need to take legal action to protect my rights.
Final Word
This license is just for you—you can’t transfer it to someone else without my say-so. If you break the terms, the license ends, and you have to stop using the beat.
Where This Gets Handled
If things go south and we need to sort it out in court, it’s happening in New Mexico, USA.
Locking This Down
By buying this beat, you’re saying you’ve read and understood everything here. You’ve either checked in with a lawyer or decided you’re good without one. When you hit “buy,” you’re sealing the deal.
Keep It Real and Keep It Fun
Making music should be fun and fulfilling, so go create something amazing with this beat! Follow the rules, but don’t be afraid to let your creativity shine. And if you want to level up or need anything, I’m here to help. Don’t hesitate to reach out!
What’s This All About?
Yo, big ups for choosing to work with OMR Beats - AggaRhythms! This Mastermind License Agreement is like our handshake, but on paper (well, digitally). We’re just laying down the rules so we both know what’s good. While this is a quick and easy breakdown, you should still check out the full legal lease to catch all the details. Don’t sleep on the fine print!
The Cash Part
You’ve paid for the beat, right? Sweet. That payment means you’ve locked in the rights to use the beat as we’re laying out here. But if there’s any hiccup with the payment, this whole deal is off the table.
Getting Your Beat
Once the payment clears, I’ll hit you up with the beat files—both MP3 and WAV, as well as the tracked out files (also sometimes called STEMS), high-quality, no tags. Check your email for the goods.
How Long Is This Good For?
You’ve got four years to do your thing with this beat. After that, the license expires, and the rights go back to me.
How Can You Use the Beat?
This license lets you take the beat and create one new song with it. Feel free to change up the arrangement, length, tempo, or pitch, but don’t go adding new instruments or tweaking it too much without getting my OK first.
You can use the beat in your new song pretty much anywhere, worldwide. But remember, you’re not the only one who can use this beat—I’m still licensing it to others too.
Selling and Streaming Your Track
You’ve got unlimited rights to sell or press copies of your track—whether it’s CDs, digital downloads, whatever. Plus, you can stream it as much as you want on platforms like Spotify, Apple Music, and more. Just know that this license doesn’t let you monetize the track on YouTube.
Oh, and if you’re giving your track away for free? No limits there—give it away as much as you want.
Music Videos and Syncing
You can use the beat in unlimited non-monetized music videos on YouTube, Vimeo, and similar sites. But if you’re thinking about TV, movies, or video games, you’ll need to grab another license.
Radio Play
You’re good to go with getting your track played on an unlimited number of radio stations—whether it’s internet radio, FM, AM, whatever.
Live Performances
Go ahead and perform your track live as much as you want, whether it’s for-profit or non-profit shows. No caps here—you’re free to rock as many stages as you can.
Just to make it clear, you can’t sell the beat as it is—you’ve got to make a new song with it. Trying to sell the beat itself would be a major no-go.
Keeping It Legit
No need to worry about paying me any royalties or fees beyond what’s in this agreement. But if you step outside these lines, there could be consequences.
What You Can’t Do
You’re not allowed to pass this license on to anyone else. And you can’t sync the beat to videos, TV, movies, or games unless we’ve talked about it first. No sampling the beat for other projects, no illegal copying or sharing, and no trying to register the beat as yours on platforms like YouTube Content ID.
Remember, you own your lyrics and any new parts you’ve added to the song, but I still own the beat itself.
Your Rights and Responsibilities
When you register your new song with a PRO (and seriously, you should—it’s how you get paid!), make sure you give me credit for 50% of the composition and publishing.
What Happens If Something Goes Wrong?
If there’s a problem or someone comes after you for using the beat, you’ll need to handle it. I’m giving you the beat as-is, with no promises. And if you break this agreement, I might need to take legal action to protect my rights.
Final Word
This license is just for you—you can’t transfer it to someone else without my say-so. If you break the terms, the license ends, and you have to stop using the beat.
Where This Gets Handled
If things go south and we need to sort it out in court, it’s happening in New Mexico, USA.
Locking This Down
By buying this beat, you’re saying you’ve read and understood everything here. You’ve either checked in with a lawyer or decided you’re good without one. When you hit “buy,” you’re sealing the deal.
Keep the Music Alive
Music’s about expression, so go out there and make something incredible with this beat. Stick to the rules, but don’t forget to have fun with it. If you ever want to take things to the next level, hit me up—I’m here to help.
Welcome to OMR Beats, where every track is crafted with precision and passion. Whether you're searching for the perfect beat to fuel your next hit or just want to vibe with some fresh sounds, we're here to deliver. Our mission is simple: provide top-tier beats that empower artists to create and share their unique voice. OMR Beats isn’t just about sounds; it’s about connecting artists with the right vibe and pushing the culture forward.
Let’s make something great together.
Get the inside scoop on beats, releases, and exclusive offers.
Thank you for licensing a beat made by OMR Beats - AggaRhythms. Your business is sincerely appreciated, and best of luck and success with your endeavors. Please fill out, sign and keep this legal document for your own records. Note that this Vibe license agreement is only valid when accompanied by valid proof of purchase (such as a PayPal transaction ID or bank statement).
This Vibe LICENSE AGREEMENT is made on September 23, 2024, as evidenced by proof of purchase, by and between The Customer Name (the “Artist”, hereinafter referred to as the "Licensee"), and Christopher A. Aguilar ("Producer", hereinafter referred to as the "Licensor"). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled (hereinafter referred to as the "Beat") as of and prior to the date first written above. The Beat, including the music thereof, was composed by Christopher A. Aguilar, who is professionally known as OMR Beats - AggaRhythms. This Agreement is issued solely in connection with and for Licensee's use of the Beat pursuant and subject to all terms and conditions set forth herein.
The Licensee shall make payment of the License Fee to Licensor on the date of this Agreement. All rights granted to Licensee by Licensor in the Beat are conditional upon Licensee’s timely payment of the License Fee. The License Fee is a one-time payment for the rights granted to Licensee and this Agreement is not valid until the License Fee has been paid.
Licensor agrees to deliver the Beat as high quality, so called “untagged”, MP3 and WAV files, as such terms are understood in the music industry. Licensor shall use commercially reasonable efforts to deliver the Beat to Licensee immediately after payment of the License Fee is made. Licensee will receive the Beat via email, to the address Licensee provided to Licensor as The Customer Email Address.
The Term of this Agreement shall be four (4) years and this license shall expire on the four (4) year anniversary of the Effective Date.
In consideration for Licensee’s payment of the License Fee, the Licensor hereby grants Licensee a limited non-exclusive, nontransferable license and the right to incorporate, include and/or use the Beat in the preparation of one (1) “New Song.” Licensee may create the New Song by recording his/her written lyrics over the Beat. The new song created by the Licensee which incorporates some or all of the Beat shall hereinafter be referred to as the “New Song”.
Permission is granted to Licensee to modify the arrangement, length, tempo, or pitch of the Beat in preparation of the New Song for public release. Licensee is not allowed to add new instrumentation to the Beat or modify the Beat without written consent of the Licensor.
This License grants Licensee a worldwide, non-exclusive license to use the Beat as incorporated in the New Song in the manners and for the purposes expressly provided for herein, subject to the sale restrictions, limitations and prohibited uses stated in this Agreement.
Licensee acknowledges and agrees that any and all rights granted to Licensee in the Beat pursuant to this Agreement are on a non-exclusive basis and Licensor shall continue to license the Beat upon the same or similar terms and conditions as this Agreement to other potential third-party licensees.
The Licensor hereby grants to Licensee a non-exclusive license to use the New Song in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the "Recordings", and individually, a "Recording") worldwide for up to the pressing or selling a total of 5,000 copies of such Recordings or any combination of such Recordings.
Additionally, Licensor shall be permitted to distribute unlimited internet downloads or streams for non-profit and non-commercial use. This license allows up to 100,000 monetized audio streams to streaming sites (e.g. Apple Music, Spotify, RDIO, Rhapsody) but the New Song is not eligible for monetization on YouTube.
The Licensor hereby grants limited synchronization rights for One (1) music video streamed online (YouTube, Vimeo, etc..) for up to 1 Non-Monetized video streams on all total sites. A separate synchronization license will need to be purchased for distribution of video to Television, Film or Video Game.
The Licensor does not grant to Licensee any broadcasting rights whereas Radio Stations are concerned and/or regarded.
The Licensor hereby grants to Licensee a non-exclusive license to use the New Song in UNLIMITED non-profit performances, shows, or concerts. Licensee is not granted the right to receive compensation from performances with this license.
For clarity and avoidance of doubt, the Licensee does NOT have the right to sell the Beat in the form that it was delivered to Licensee. The Licensee must create a New Song for its rights under this provision to vest. Any sale of the Beat in its original form by Licensee shall be a material breach of this Agreement and the Licensee shall be liable to the Licensor for damages as provided hereunder.
Subject to the Licensee’s compliance with the terms and conditions of this Agreement, Licensee shall not be required to account or pay to Licensor any royalties, fees, or monies paid to or collected by the Licensee, or which would otherwise be payable to Licensor in connection with the use/exploitation of the New Song as set forth in this Agreement.
Licensee hereby agrees and acknowledges that it is expressly prohibited from taking any action(s) and from engaging in any use of the Beat or New Song in the manners, or for the purposes, set forth below:
The rights granted to Licensee are NON-TRANSFERABLE and that Licensee may not transfer or assign any of its rights hereunder to any third-party; Licensee shall not synchronize, or permit third parties to synchronize, the Beat or New Song with any audiovisual works EXCEPT as expressly provided for and pursuant to Paragraph 4 (iii) of this Agreement for use in one (1) Video. This restriction includes, but is not limited to, use of the Beat and/or New Song in television, commercials, film/movies, theatrical works, video games, and in any other form on the Internet which is not expressly permitted herein. Licensee shall not have the right to license or sublicense any use of the Beat or of the NewSong, in whole or in part, for any so-called “samples”. Licensee shall not engage in any unlawful copying, streaming, duplicating, selling, lending, renting, hiring, broadcasting, uploading, or downloading to any database, servers, computers, peer to peer sharing, or other file sharing services, posting on websites, or distribution of the Beat in the form, or a substantially similar form, as delivered to Licensee. Licensee may send the Beat file to any individual musician, engineer, studio manager or other person who is working on the New Song. As applicable to both the underlying composition in the Beat and to the master recording of the Beat:
1. The parties acknowledge and agree that the New Song is a “derivative work”, as that term is used in the United States Copyright Act;
2. As applicable to the Beat and/or the New Song, there is no intention by the parties to create a joint work; and
3. There is no intention by the Licensor to grant any rights in and/or to any other derivative works that may have been created by other third-party licensees.
The Licensor is and shall remain the sole owner and holder of all right, title, and interest in the Beat, including all copyrights to and in the sound recording and the underlying musical compositions written and composed by Licensor. Nothing contained herein shall constitute an assignment by Licensor to Licensee of any of the foregoing rights. Licensee may not, under any circumstances, register or attempt to register the New Song and/or the Beat with the U.S. Copyright Office. The aforementioned right to register the New Song and/or the Beat shall be strictly limited to Licensor. Licensee will, upon request, execute, acknowledge and deliver to Licensor such additional documents as Licensor may deem necessary to evidence and effectuate Licensor’s rights hereunder, and Licensee hereby grants to Licensor the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if Licensee shall fail to execute same within five (5) days after so requested by Licensor.
The Licensee is strictly prohibited from registering the New Song or any derivative of the Beat with any content identification system, service provider, music distributor, or digital aggregator (e.g., YouTube Content ID, TuneCore, CD Baby). Any attempt to register the Beat or New Song in such systems will be considered a material breach of this Agreement.
For the avoidance of doubt, Licensee does not own the master or the sound recording rights in the New Song. Licensee has been licensed the right to use the Beat in the New Song and to commercially exploit the New Song based on the terms and conditions of this Agreement.
Notwithstanding the above, Licensee does own the lyrics or other original musical components of the New Song that were written or composed solely by the Licensee.
The licensee shall be deemed to have signed, affirmed and ratified its acceptance of the terms of this Agreement by virtue of its payment of the License Fee to Licensor and its electronic acceptance of its terms and conditions at the time Licensee made payment of the License Fee.
If any selection or musical composition, or any portion thereof, recorded in the New Song hereunder is written or composed by Producer, in whole or in part, alone or in collaboration with others, or is owned or controlled, in whole or in part, directly or indirectly, by Producer or any person, firm, or corporation in which Producer has a direct or indirect interest, then such selection and/or musical composition shall be hereinafter referred to as a “Controlled Composition”.
Producer hereby agrees to issue or cause to be issued, as applicable, to Licensee, mechanical licenses in respect of each Controlled Composition, which are embodied on the New Song. For that license, on the United States and Canada sales, Licensee will pay mechanical royalties at one hundred percent (100%) of the minimum statutory rate, subject to no cap of that rate for albums and/or EPs. For license outside the United States and Canada, the mechanical royalty rate will be the rate prevailing on an industry-wide basis in the country concerned on the date that this agreement has been entered into.
With respect to the publishing rights and ownership of the underlying composition embodied in the New Song, the Licensee and the Licensor hereby acknowledge and agree that the underlying composition shall be owned/split between them as follows:
1. Licensee shall own and control Fifty Percent (50%) of the so-called “Writer’s Share” of the underlying composition. Specifically, the Lyrics.
2. Licensor shall own and control Fifty Percent (50%) of the so-called “Writer’s Share” of the underlying composition. Specifically, the Music.
3. Licensor shall own, control, and administer Fifty Percent (50%) of the so-called “Publisher’s Share” of the underlying composition embodied in the New Song.
In the event that Licensee wishes to register his/her interests and rights to the underlying composition of the New Song with their Performing Rights Organization (“PRO”), Licensee must simultaneously identify and register the Licensor’s / Producer’s share and ownership interest in the composition to indicate that Licensor wrote and owns 50% of the composition in the New Song and as the owner of 50% of the Publisher’s share of the New Song.
Name: Christopher A. Aguilar
PRO: BMI
IPI # 1028563857
In consideration for the rights granted under this agreement, Licensee shall pay to Licensor the agreed-upon sum and other good and valuable consideration. Payment for License is non-refundable. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the Licensor shall have the right to terminate the License upon written notice to the Licensee. Such termination shall render the recording, manufacture, and/or distribution of the New Song for which monies have not been paid subject to and actionable as infringements under applicable law, including, without limitation, the United States Copyright Act, as amended. Licensee must make reasonable efforts to maintain an accounting of all sales, including but not limited to any commercial distribution, both digital and physical. Licensee and its agents will, upon reasonable request by Licensor, make such accounting available for inspection by Licensor or its authorized representatives, who will have the right to take copies of or extracts from any records kept pursuant to this Agreement. The costs of the audit will be borne by Licensor, unless the underpayment exceeds five percent (5%), in which event Licensee will bear the costs of such audit.
Licensee shall have the right to use and permit others to use Licensor’s (“Producer”) approved name, approved likeness, and other approved identification and approved biographical material concerning the Producer solely for purposes of trade and otherwise without restriction solely in connection with the New Song recorded hereunder. Licensee shall use best efforts to have Producer credited as a “producer” and shall give Producer appropriate production and songwriting credit on all promotion of the Track as well as compact discs, record, music video, and on the metadata and digital labels or any other record configuration manufactured which is now known or created in the future that embodies the New Song created hereunder and on all cover liner notes, any records containing the New Song and on the front and/or back cover of any album listing the New Song and other musician credits. Licensee shall use its best efforts to ensure that Producer is properly credited and Licensee shall check all proofs for accuracy of credits, and shall use its best efforts to cure any mistakes regarding Producer's credit. In the event of any failure by Licensee to issue credit to Producer, Licensee must use reasonable efforts to correct any such failure immediately and on a prospective basis. Such credit shall be in substantial form as follows: [Produced by OMR Beats - AggaRhythms], or [Prod. by OMR Beats - AggaRhythms].
Licensee shall have five (5) business days from its receipt of written notice by Licensor and/or Licensor’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Licensor's sole discretion, the termination of Licensee’s rights hereunder.
If Licensee engages in the commercial exploitation and/or sale of the Beat or New Song outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Licensor for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorized commercial exploitation of the Beat and/or New Song.
Licensee recognizes and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Licensor, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Licensor may seek and shall be entitled to a temporary restraining order and preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Licensor from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Licensor incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys' fees.
Licensee hereby agrees that Licensor has not made any guarantees or promises that the Beat fits the particular creative use or musical purpose intended or desired by the Licensee. The Beat, its sound recording, and the underlying musical composition embodied therein, are licensed to the Licensee “as is” without warranties of any kind or fitness for a particular purpose.
Licensor warrants and represents that he has the full right and ability to enter into this agreement, and is not under any disability, restriction, or prohibition with respect to the grant of rights hereunder. Licensor warrants that the manufacture, sale, distribution, or other exploitation of the New Song hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and right(s) of privacy and publicity and will not constitute libel and/or slander.
Licensee warrants that the manufacture, sale, distribution, or other exploitation of the NewSong hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and rights of privacy and publicity and will not constitute libel and/or slander. The foregoing notwithstanding, Licensor undertakes no responsibility whatsoever as to any elements added to the New Song by Licensee, and Licensee indemnifies and holds Licensor harmless for any such elements.
Licensor warrants that he did not “sample” (as that term is commonly understood in the recording industry) any copyrighted material or sound recordings belonging to any other person, firm, or corporation (hereinafter referred to as “Owner”) without first having notified Licensee. Licensee shall have no obligation to approve the use of any sample thereof; however, if approved, any payment in connection therewith, including any associated legal clearance costs, shall be borne by Licensee. Knowledge by Licensee that “samples” were used by Licensor which were not affirmatively disclosed by Licensor to Licensee shall shift, in whole or in part, the liability for infringement or violation of the rights of any third party arising from the use of any such “sample” from Licensor to Licensee.
Parties hereto shall indemnify and hold each other harmless from any and all third party claims, liabilities, costs, losses, damages or expenses as are actually incurred by the non-defaulting party and shall hold the non-defaulting party, free, safe, and harmless against and from any and all claims, suits, demands, costs, liabilities, loss, damages, judgments, recoveries, costs, and expenses; (including, without limitation, reasonable attorneys' fees), which may be made or brought, paid, or incurred by reason of any breach or claim of breach of the warranties and representations hereunder by the defaulting party, their agents, heirs, successors, assigns and employees, which have been reduced to final judgment; provided that prior to final judgment, arising out of any breach of any representations or warranties of the defaulting party contained in this agreement or any failure by defaulting party to perform any obligations on its part to be performed hereunder the non-defaulting party has given the defaulting party prompt written notice of all claims and the right to participate in the defense with counsel of its choice at its sole expense. In no event shall Licensee be entitled to seek injunctive or any other equitable relief for any breach or non-compliance with any provision of this agreement.
Under no circumstances shall Licensor be liable to Licensee for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if Licensor has been advised of the possibility of such damages.
The Beat is provided "as-is," and Licensor makes no representations or warranties of any kind, express or implied, regarding the Beat, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee assumes all risks associated with the use of the Beat.
Licensee agrees to indemnify, defend, and hold harmless Licensor and its agents, employees, and contractors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Licensee's use of the Beat, including any third-party claims of infringement or violation of intellectual property rights.
Licensee acknowledges that any breach of this Agreement may cause irreparable harm to Licensor, and that monetary damages may be inadequate. Accordingly, Licensor shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce this Agreement.
Licensor shall not be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government orders, or any other force majeure event.
This Agreement and the rights granted hereunder are personal to Licensee and may not be transferred, assigned, or sublicensed to any third party without the prior written consent of Licensor.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Licensor reserves the right to terminate this Agreement immediately upon any breach of its terms by the Licensee. Upon termination, Licensee must cease all use of the Beat, including removing any public posts or distributions that include the Beat, and all rights granted under this Agreement shall revert to Licensor.
Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of New Mexico, USA, and the Licensee consents to the jurisdiction of such courts.
By purchasing the beat, the Licensee acknowledges that they have read and understood the terms and conditions of this Vibe License Agreement. The Licensee further acknowledges that they have been advised to seek independent legal counsel regarding this Agreement and either have done so or have chosen to waive that right. The act of purchasing the beat constitutes the Licensee's agreement to and acceptance of all the terms and conditions set forth herein, and serves as the equivalent of the Licensee's signature on this Agreement.
The Licensor, by accepting the payment and delivering the beat, also agrees to the terms and conditions of this Agreement, thus entering into a binding contract with the Licensee.
Thank you for licensing a beat made by OMR Beats - AggaRhythms. Your business is sincerely appreciated, and best of luck and success with your endeavors. Please fill out, sign and keep this legal document for your own records. Note that this Flow license agreement is only valid when accompanied by valid proof of purchase (such as a PayPal transaction ID or bank statement).
This Flow LICENSE AGREEMENT is made on September 23, 2024, as evidenced by proof of purchase, by and between The Customer Name (the “Artist”, hereinafter referred to as the "Licensee"), and Christopher A. Aguilar ("Producer", hereinafter referred to as the "Licensor"). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled (hereinafter referred to as the "Beat") as of and prior to the date first written above. The Beat, including the music thereof, was composed by Christopher A. Aguilar, who is professionally known as OMR Beats - AggaRhythms. This Agreement is issued solely in connection with and for Licensee's use of the Beat pursuant and subject to all terms and conditions set forth herein.
The Licensee shall make payment of the License Fee to Licensor on the date of this Agreement. All rights granted to Licensee by Licensor in the Beat are conditional upon Licensee’s timely payment of the License Fee. The License Fee is a one-time payment for the rights granted to Licensee and this Agreement is not valid until the License Fee has been paid.
Licensor agrees to deliver the Beat as high quality, so called “untagged”, MP3 and WAV files, as such terms are understood in the music industry. Licensor shall use commercially reasonable efforts to deliver the Beat to Licensee immediately after payment of the License Fee is made. Licensee will receive the Beat via email, to the address Licensee provided to Licensor as The Customer Email Address.
The Term of this Agreement shall be four (4) years and this license shall expire on the four (4) year anniversary of the Effective Date.
In consideration for Licensee’s payment of the License Fee, the Licensor hereby grants Licensee a limited non-exclusive, nontransferable license and the right to incorporate, include and/or use the Beat in the preparation of one (1) “New Song.” Licensee may create the New Song by recording his/her written lyrics over the Beat. The new song created by the Licensee which incorporates some or all of the Beat shall hereinafter be referred to as the “New Song”.
Permission is granted to Licensee to modify the arrangement, length, tempo, or pitch of the Beat in preparation of the New Song for public release. Licensee is not allowed to add new instrumentation to the Beat or modify the Beat without written consent of the Licensor.
This License grants Licensee a worldwide, non-exclusive license to use the Beat as incorporated in the New Song in the manners and for the purposes expressly provided for herein, subject to the sale restrictions, limitations and prohibited uses stated in this Agreement.
Licensee acknowledges and agrees that any and all rights granted to Licensee in the Beat pursuant to this Agreement are on a non-exclusive basis and Licensor shall continue to license the Beat upon the same or similar terms and conditions as this Agreement to other potential third-party licensees.
The Licensor hereby grants to Licensee a non-exclusive license to use the New Song in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the "Recordings", and individually, a "Recording") worldwide for up to the pressing or selling a total of 10,000 copies of such Recordings or any combination of such Recordings.
Additionally, Licensor shall be permitted to distribute UNLIMITED internet downloads or streams for non-profit and non-commercial use. This license allows up to 500,000 monetized audio streams to streaming sites (e.g. Apple Music, Spotify, RDIO, Rhapsody) but the New Song is not eligible for monetization on YouTube.
The Licensor hereby grants limited synchronization rights for One (1) music video streamed online (YouTube, Vimeo, etc..) for up to 1 Non-Monetized video streams on all total sites. A separate synchronization license will need to be purchased for distribution of video to Television, Film or Video Game.
The Licensor hereby grants to Licensee any broadcasting rights whereas Radio Stations are concerned and/or regarded for up to 2 radio stations in combined total whether internet, terrestrial, or any other form.
The Licensor hereby grants to Licensee a non-exclusive license to use the New Song in UNLIMITED non-profit performances, shows, or concerts. Licensee is hereby granted the right to receive compensation from up to 400 for-profit performances, shows, or concerts with this license.
For clarity and avoidance of doubt, the Licensee does NOT have the right to sell the Beat in the form that it was delivered to Licensee. The Licensee must create a New Song for its rights under this provision to vest. Any sale of the Beat in its original form by Licensee shall be a material breach of this Agreement and the Licensee shall be liable to the Licensor for damages as provided hereunder.
Subject to the Licensee’s compliance with the terms and conditions of this Agreement, Licensee shall not be required to account or pay to Licensor any royalties, fees, or monies paid to or collected by the Licensee, or which would otherwise be payable to Licensor in connection with the use/exploitation of the New Song as set forth in this Agreement.
Licensee hereby agrees and acknowledges that it is expressly prohibited from taking any action(s) and from engaging in any use of the Beat or New Song in the manners, or for the purposes, set forth below:
The rights granted to Licensee are NON-TRANSFERABLE and that Licensee may not transfer or assign any of its rights hereunder to any third-party; Licensee shall not synchronize, or permit third parties to synchronize, the Beat or New Song with any audiovisual works EXCEPT as expressly provided for and pursuant to Paragraph 4 (iii) of this Agreement for use in one (1) Video. This restriction includes, but is not limited to, use of the Beat and/or New Song in television, commercials, film/movies, theatrical works, video games, and in any other form on the Internet which is not expressly permitted herein. Licensee shall not have the right to license or sublicense any use of the Beat or of the NewSong, in whole or in part, for any so-called “samples”. Licensee shall not engage in any unlawful copying, streaming, duplicating, selling, lending, renting, hiring, broadcasting, uploading, or downloading to any database, servers, computers, peer to peer sharing, or other file sharing services, posting on websites, or distribution of the Beat in the form, or a substantially similar form, as delivered to Licensee. Licensee may send the Beat file to any individual musician, engineer, studio manager or other person who is working on the New Song. As applicable to both the underlying composition in the Beat and to the master recording of the Beat:
1. The parties acknowledge and agree that the New Song is a “derivative work”, as that term is used in the United States Copyright Act;
2. As applicable to the Beat and/or the New Song, there is no intention by the parties to create a joint work; and
3. There is no intention by the Licensor to grant any rights in and/or to any other derivative works that may have been created by other third-party licensees.
The Licensor is and shall remain the sole owner and holder of all right, title, and interest in the Beat, including all copyrights to and in the sound recording and the underlying musical compositions written and composed by Licensor. Nothing contained herein shall constitute an assignment by Licensor to Licensee of any of the foregoing rights. Licensee may not, under any circumstances, register or attempt to register the New Song and/or the Beat with the U.S. Copyright Office. The aforementioned right to register the New Song and/or the Beat shall be strictly limited to Licensor. Licensee will, upon request, execute, acknowledge and deliver to Licensor such additional documents as Licensor may deem necessary to evidence and effectuate Licensor’s rights hereunder, and Licensee hereby grants to Licensor the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if Licensee shall fail to execute same within five (5) days after so requested by Licensor.
The Licensee is strictly prohibited from registering the New Song or any derivative of the Beat with any content identification system, service provider, music distributor, or digital aggregator (e.g., YouTube Content ID, TuneCore, CD Baby). Any attempt to register the Beat or New Song in such systems will be considered a material breach of this Agreement.
For the avoidance of doubt, Licensee does not own the master or the sound recording rights in the New Song. Licensee has been licensed the right to use the Beat in the New Song and to commercially exploit the New Song based on the terms and conditions of this Agreement.
Notwithstanding the above, Licensee does own the lyrics or other original musical components of the New Song that were written or composed solely by the Licensee.
The licensee shall be deemed to have signed, affirmed and ratified its acceptance of the terms of this Agreement by virtue of its payment of the License Fee to Licensor and its electronic acceptance of its terms and conditions at the time Licensee made payment of the License Fee.
If any selection or musical composition, or any portion thereof, recorded in the New Song hereunder is written or composed by Producer, in whole or in part, alone or in collaboration with others, or is owned or controlled, in whole or in part, directly or indirectly, by Producer or any person, firm, or corporation in which Producer has a direct or indirect interest, then such selection and/or musical composition shall be hereinafter referred to as a “Controlled Composition”.
Producer hereby agrees to issue or cause to be issued, as applicable, to Licensee, mechanical licenses in respect of each Controlled Composition, which are embodied on the New Song. For that license, on the United States and Canada sales, Licensee will pay mechanical royalties at one hundred percent (100%) of the minimum statutory rate, subject to no cap of that rate for albums and/or EPs. For license outside the United States and Canada, the mechanical royalty rate will be the rate prevailing on an industry-wide basis in the country concerned on the date that this agreement has been entered into.
With respect to the publishing rights and ownership of the underlying composition embodied in the New Song, the Licensee and the Licensor hereby acknowledge and agree that the underlying composition shall be owned/split between them as follows:
1. Licensee shall own and control Fifty Percent (50%) of the so-called “Writer’s Share” of the underlying composition. Specifically, the Lyrics.
2. Licensor shall own and control Fifty Percent (50%) of the so-called “Writer’s Share” of the underlying composition. Specifically, the Music.
3. Licensor shall own, control, and administer Fifty Percent (50%) of the so-called “Publisher’s Share” of the underlying composition embodied in the New Song.
In the event that Licensee wishes to register his/her interests and rights to the underlying composition of the New Song with their Performing Rights Organization (“PRO”), Licensee must simultaneously identify and register the Licensor’s / Producer’s share and ownership interest in the composition to indicate that Licensor wrote and owns 50% of the composition in the New Song and as the owner of 50% of the Publisher’s share of the New Song.
Name: Christopher A. Aguilar
PRO: BMI
IPI # 1028563857
In consideration for the rights granted under this agreement, Licensee shall pay to Licensor the agreed-upon sum and other good and valuable consideration. Payment for License is non-refundable. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the Licensor shall have the right to terminate the License upon written notice to the Licensee. Such termination shall render the recording, manufacture, and/or distribution of the New Song for which monies have not been paid subject to and actionable as infringements under applicable law, including, without limitation, the United States Copyright Act, as amended. Licensee must make reasonable efforts to maintain an accounting of all sales, including but not limited to any commercial distribution, both digital and physical. Licensee and its agents will, upon reasonable request by Licensor, make such accounting available for inspection by Licensor or its authorized representatives, who will have the right to take copies of or extracts from any records kept pursuant to this Agreement. The costs of the audit will be borne by Licensor, unless the underpayment exceeds five percent (5%), in which event Licensee will bear the costs of such audit.
Licensee shall have the right to use and permit others to use Licensor’s (“Producer”) approved name, approved likeness, and other approved identification and approved biographical material concerning the Producer solely for purposes of trade and otherwise without restriction solely in connection with the New Song recorded hereunder. Licensee shall use best efforts to have Producer credited as a “producer” and shall give Producer appropriate production and songwriting credit on all promotion of the Track as well as compact discs, record, music video, and on the metadata and digital labels or any other record configuration manufactured which is now known or created in the future that embodies the New Song created hereunder and on all cover liner notes, any records containing the New Song and on the front and/or back cover of any album listing the New Song and other musician credits. Licensee shall use its best efforts to ensure that Producer is properly credited and Licensee shall check all proofs for accuracy of credits, and shall use its best efforts to cure any mistakes regarding Producer's credit. In the event of any failure by Licensee to issue credit to Producer, Licensee must use reasonable efforts to correct any such failure immediately and on a prospective basis. Such credit shall be in substantial form as follows: [Produced by OMR Beats - AggaRhythms], or [Prod. by OMR Beats - AggaRhythms].
Licensee shall have five (5) business days from its receipt of written notice by Licensor and/or Licensor’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Licensor's sole discretion, the termination of Licensee’s rights hereunder.
If Licensee engages in the commercial exploitation and/or sale of the Beat or New Song outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Licensor for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorized commercial exploitation of the Beat and/or New Song.
Licensee recognizes and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Licensor, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Licensor may seek and shall be entitled to a temporary restraining order and preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Licensor from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Licensor incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys' fees.
Licensee hereby agrees that Licensor has not made any guarantees or promises that the Beat fits the particular creative use or musical purpose intended or desired by the Licensee. The Beat, its sound recording, and the underlying musical composition embodied therein, are licensed to the Licensee “as is” without warranties of any kind or fitness for a particular purpose.
Licensor warrants and represents that he has the full right and ability to enter into this agreement, and is not under any disability, restriction, or prohibition with respect to the grant of rights hereunder. Licensor warrants that the manufacture, sale, distribution, or other exploitation of the New Song hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and right(s) of privacy and publicity and will not constitute libel and/or slander.
Licensee warrants that the manufacture, sale, distribution, or other exploitation of the NewSong hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and rights of privacy and publicity and will not constitute libel and/or slander. The foregoing notwithstanding, Licensor undertakes no responsibility whatsoever as to any elements added to the New Song by Licensee, and Licensee indemnifies and holds Licensor harmless for any such elements.
Licensor warrants that he did not “sample” (as that term is commonly understood in the recording industry) any copyrighted material or sound recordings belonging to any other person, firm, or corporation (hereinafter referred to as “Owner”) without first having notified Licensee. Licensee shall have no obligation to approve the use of any sample thereof; however, if approved, any payment in connection therewith, including any associated legal clearance costs, shall be borne by Licensee. Knowledge by Licensee that “samples” were used by Licensor which were not affirmatively disclosed by Licensor to Licensee shall shift, in whole or in part, the liability for infringement or violation of the rights of any third party arising from the use of any such “sample” from Licensor to Licensee.
Parties hereto shall indemnify and hold each other harmless from any and all third party claims, liabilities, costs, losses, damages or expenses as are actually incurred by the non-defaulting party and shall hold the non-defaulting party, free, safe, and harmless against and from any and all claims, suits, demands, costs, liabilities, loss, damages, judgments, recoveries, costs, and expenses; (including, without limitation, reasonable attorneys' fees), which may be made or brought, paid, or incurred by reason of any breach or claim of breach of the warranties and representations hereunder by the defaulting party, their agents, heirs, successors, assigns and employees, which have been reduced to final judgment; provided that prior to final judgment, arising out of any breach of any representations or warranties of the defaulting party contained in this agreement or any failure by defaulting party to perform any obligations on its part to be performed hereunder the non-defaulting party has given the defaulting party prompt written notice of all claims and the right to participate in the defense with counsel of its choice at its sole expense. In no event shall Licensee be entitled to seek injunctive or any other equitable relief for any breach or non-compliance with any provision of this agreement.
Under no circumstances shall Licensor be liable to Licensee for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if Licensor has been advised of the possibility of such damages.
The Beat is provided "as-is," and Licensor makes no representations or warranties of any kind, express or implied, regarding the Beat, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee assumes all risks associated with the use of the Beat.
Licensee agrees to indemnify, defend, and hold harmless Licensor and its agents, employees, and contractors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Licensee's use of the Beat, including any third-party claims of infringement or violation of intellectual property rights.
Licensee acknowledges that any breach of this Agreement may cause irreparable harm to Licensor, and that monetary damages may be inadequate. Accordingly, Licensor shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce this Agreement.
Licensor shall not be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government orders, or any other force majeure event.
This Agreement and the rights granted hereunder are personal to Licensee and may not be transferred, assigned, or sublicensed to any third party without the prior written consent of Licensor.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Licensor reserves the right to terminate this Agreement immediately upon any breach of its terms by the Licensee. Upon termination, Licensee must cease all use of the Beat, including removing any public posts or distributions that include the Beat, and all rights granted under this Agreement shall revert to Licensor.
Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of New Mexico, USA, and the Licensee consents to the jurisdiction of such courts.
By purchasing the beat, the Licensee acknowledges that they have read and understood the terms and conditions of this Flow License Agreement. The Licensee further acknowledges that they have been advised to seek independent legal counsel regarding this Agreement and either have done so or have chosen to waive that right. The act of purchasing the beat constitutes the Licensee's agreement to and acceptance of all the terms and conditions set forth herein, and serves as the equivalent of the Licensee's signature on this Agreement.
The Licensor, by accepting the payment and delivering the beat, also agrees to the terms and conditions of this Agreement, thus entering into a binding contract with the Licensee.
This Echo License Agreement (the “Agreement”) is made on September 23, 2024 by and between The Customer Name (hereinafter referred to as the "Licensee"), and OMR Beats - AggaRhythms (hereinafter referred to as the "Licensor" or "Producer"). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled (hereinafter referred to as the "Beat") as of and prior to the date first written above. The Beat, including the music thereof, was composed by OMR Beats - AggaRhythms. This Agreement is issued solely in connection with and for Licensee's use of the Beat pursuant and subject to all terms and conditions set forth herein.
This Echo License is provided at no cost to the Licensee. The Licensee is granted rights as described below, under the condition that they adhere strictly to the Free Beats Policy and other terms outlined in this Agreement.
Licensor agrees to deliver the Beat as a high-quality, tagged MP3 file. The tagged version is for use in non-commercial, non-profitable projects only. If the Licensee decides to purchase a license, an untagged version will be provided.
The Term of this Agreement shall be four (4) years, and this license shall expire on the four (4) year anniversary of the Effective Date.
In consideration for Licensee’s use of the Free Beat, the Licensor grants Licensee a limited non-exclusive, nontransferable license to incorporate, include, and/or use the Beat in non-commercial and non-profitable projects only.
Free Beats Policy:
1. Only download the Free Beats for use in non-commercial and non-profitable projects. By offering free beats, you’ve been given the opportunity to 'Try-Before-You-Buy.' Use these to write, record, and experiment with your music. You are allowed to post the final result on your social channels or sites like YouTube or SoundCloud to see if your song is worth investing in a license. The Free versions are ‘tagged’ with a voice tag for security reasons. By purchasing a license, you will receive an untagged version regardless of the license you decide to purchase.
You are not allowed to download Free Beats for:
1. Use on mixtapes or albums
2. Use in radio and TV broadcasting or any airplay possibilities
3. Use in live performances or any other public use
4. Use in audiovisual projects, including YouTube videos, short films, or any other synchronized media
5. Any profitable projects
Disclaimer: Any unauthorized use of these Free Beats, including reselling and modification, is considered a direct violation of the Copyright Act of 1976. OMR Beats - AggaRhythms reserves the right to take legal action or pursue financial compensation as a result of any breach or violation of our 'Free Beats Policy.'
1. The Licensee may use the Beat in non-commercial, non-profitable projects only, as described in the Free Beats Policy.
2. The Licensee is allowed to post the final result on their social channels or platforms like YouTube or SoundCloud and is granted the right to an unlimited number of non-commercial, non-profitable streams and downloads. This allowance is provided solely to enable the Licensee to monitor relevant metrics, such as audience engagement and feedback, to determine if investing in a paid license is warranted.
3. The Beat may not be used in any monetized audiovisual projects, including videos on YouTube, Vimeo, or similar platforms.
The Licensee is not granted synchronization rights to use the Beat in any audiovisual projects under this Echo License. Any use in synchronized media requires the purchase of a proper license.
No broadcasting rights are granted, including terrestrial or satellite radio, TV broadcasting, or any other airplay possibilities.
The Licensor grants to Licensee a non-exclusive license to use the New Song in UNLIMITED non-profit performances, shows, or concerts. Licensee is not granted the right to receive compensation from performances with this license.
1. The Licensor is and shall remain the sole owner and holder of all rights, title, and interest in the Beat, including all copyrights to and in the sound recording and the underlying musical compositions written and composed by Licensor. Nothing contained herein shall constitute an assignment by Licensor to Licensee of any of the foregoing rights.
2. Content ID and Registration Restriction: The Licensee is strictly prohibited from registering the New Song or any derivative of the Beat with any content identification system, service provider, music distributor, or digital aggregator (e.g., YouTube Content ID, TuneCore, CD Baby). Any attempt to register the Beat or New Song in such systems will be considered a material breach of this Agreement.
Licensee shall credit the Producer as follows: "Produced by OMR Beats - AggaRhythms" or "Prod. by OMR Beats - AggaRhythms." This credit must be included in any public post of the New Song on social channels or platforms like YouTube or SoundCloud.
Any unauthorized use of the Free Beats, including reselling, modification, or use in any commercial or profitable project, shall be considered a breach of this Agreement. OMR Beats - AggaRhythms reserves the right to take legal action or pursue financial compensation as a result of any breach or violation of this Free Beats Policy.
1. Audit Rights: Licensor shall have the right to audit the Licensee's accounts and records at any time during the term of this Agreement and for a period of one (1) year thereafter to ensure compliance with the terms herein. If any such audit reveals an underpayment or any unauthorized use of the Beat, Licensee shall promptly remedy such underpayment or unauthorized use and reimburse Licensor for the costs of the audit if the underpayment exceeds five percent (5%) of the License Fee.
2. Legal Fees: In the event of any breach of this Agreement by the Licensee, the Licensee agrees to pay all costs, expenses, and damages, including but not limited to court costs, litigation expenses, and reasonable attorneys' fees, incurred by the Licensor as a result of such breach.
Under no circumstances shall Licensor be liable to Licensee for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if Licensor has been advised of the possibility of such damages.
The Beat is provided "as-is," and Licensor makes no representations or warranties of any kind, express or implied, regarding the Beat, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee assumes all risks associated with the use of the Beat.
Licensee agrees to indemnify, defend, and hold harmless Licensor and its agents, employees, and contractors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Licensee's use of the Beat, including any third-party claims of infringement or violation of intellectual property rights.
Licensee acknowledges that any breach of this Agreement may cause irreparable harm to Licensor, and that monetary damages may be inadequate. Accordingly, Licensor shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce this Agreement.
Licensor shall not be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government orders, or any other force majeure event.
This Agreement and the rights granted hereunder are personal to Licensee and may not be transferred, assigned, or sublicensed to any third party without the prior written consent of Licensor.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Licensor reserves the right to terminate this Agreement immediately upon any breach of its terms by the Licensee. Upon termination, Licensee must cease all use of the Beat, including removing any public posts or distributions that include the Beat, and all rights granted under this Agreement shall revert to Licensor.
Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of New Mexico, USA, and the Licensee consents to the jurisdiction of such courts.
By downloading the beat, the Licensee acknowledges that they have read and understood the terms and conditions of this Echo License Agreement. The Licensee further acknowledges that they have been advised to seek independent legal counsel regarding this Agreement and either have done so or have chosen to waive that right. The act of downloading the beat constitutes the Licensee's agreement to and acceptance of all the terms and conditions set forth herein, and serves as the equivalent of the Licensee's signature on this Agreement.
The Licensor, by offering downloading and delivery of the beat, also agrees to the terms and conditions of this Agreement, thus entering into a binding contract with the Licensee.
Thank you for licensing a beat made by OMR Beats - AggaRhythms. Your business is sincerely appreciated, and best of luck and success with your endeavors. Please fill out, sign and keep this legal document for your own records. Note that this Mastermind license agreement is only valid when accompanied by valid proof of purchase (such as a PayPal transaction ID or bank statement).
This Mastermind LICENSE AGREEMENT is made on September 23, 2024, as evidenced by proof of purchase, by and between The Customer Name (the “Artist”, hereinafter referred to as the "Licensee"), and Christopher A. Aguilar ("Producer", hereinafter referred to as the "Licensor"). Licensor warrants that it controls the mechanical rights in and to the copyrighted musical work entitled (hereinafter referred to as the "Beat") as of and prior to the date first written above. The Beat, including the music thereof, was composed by Christopher A. Aguilar, who is professionally known as OMR Beats - AggaRhythms. This Agreement is issued solely in connection with and for Licensee's use of the Beat pursuant and subject to all terms and conditions set forth herein.
The Licensee shall make payment of the License Fee to Licensor on the date of this Agreement. All rights granted to Licensee by Licensor in the Beat are conditional upon Licensee’s timely payment of the License Fee. The License Fee is a one-time payment for the rights granted to Licensee and this Agreement is not valid until the License Fee has been paid.
Licensor agrees to deliver the Beat as high quality, so called “untagged”, MP3 and WAV files, as well as the Tracked Out WAV files (sometimes referred to as "STEMS"), as such terms are understood in the music industry. Licensor shall use commercially reasonable efforts to deliver the Beat to Licensee immediately after payment of the License Fee is made. Licensee will receive the Beat via email, to the address Licensee provided to Licensor as The Customer Email Address.
The Term of this Agreement shall be four (4) years and this license shall expire on the four (4) year anniversary of the Effective Date.
In consideration for Licensee’s payment of the License Fee, the Licensor hereby grants Licensee a limited non-exclusive, nontransferable license and the right to incorporate, include and/or use the Beat in the preparation of one (1) “New Song.” Licensee may create the New Song by recording his/her written lyrics over the Beat. The new song created by the Licensee which incorporates some or all of the Beat shall hereinafter be referred to as the “New Song”.
Permission is granted to Licensee to modify the arrangement, length, tempo, or pitch of the Beat in preparation of the New Song for public release. Licensee is not allowed to add new instrumentation to the Beat or modify the Beat without written consent of the Licensor.
This License grants Licensee a worldwide, non-exclusive license to use the Beat as incorporated in the New Song in the manners and for the purposes expressly provided for herein, subject to the sale restrictions, limitations and prohibited uses stated in this Agreement.
Licensee acknowledges and agrees that any and all rights granted to Licensee in the Beat pursuant to this Agreement are on a non-exclusive basis and Licensor shall continue to license the Beat upon the same or similar terms and conditions as this Agreement to other potential third-party licensees.
The Licensor hereby grants to Licensee a non-exclusive license to use the New Song in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disk, digital downloads, other miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively, the "Recordings", and individually, a "Recording") worldwide for up to the pressing or selling a total of UNLIMITED copies of such Recordings or any combination of such Recordings.
Additionally, Licensor shall be permitted to distribute UNLIMITED internet downloads or streams for non-profit and non-commercial use. This license allows an UNLIMITED number of audio streams to streaming sites (e.g. Apple Music, Spotify, RDIO, Rhapsody) but the New Song is not eligible for monetization on YouTube.
The Licensor hereby grants limited synchronization rights for UNLIMITED NON-MONETIZED music video streamed online (YouTube, Vimeo, etc..) for up to UNLIMITED NON-MONETIZED video streams on all total sites. A separate synchronization license will need to be purchased for distribution of video to Television, Film or Video Game.
The Licensor hereby grants to Licensee any broadcasting rights whereas Radio Stations are concerned and/or regarded for up to an UNLIMITED number of radio stations in combined total whether internet, terrestrial, or any other form.
The Licensor hereby grants to Licensee a non-exclusive license to use the New Song in UNLIMITED non-profit performances, shows, or concerts. Licensee is hereby granted the right to receive compensation from UNLIMITED for-profit performances, shows, or concerts with this license.
For clarity and avoidance of doubt, the Licensee does NOT have the right to sell the Beat in the form that it was delivered to Licensee. The Licensee must create a New Song for its rights under this provision to vest. Any sale of the Beat in its original form by Licensee shall be a material breach of this Agreement and the Licensee shall be liable to the Licensor for damages as provided hereunder.
Subject to the Licensee’s compliance with the terms and conditions of this Agreement, Licensee shall not be required to account or pay to Licensor any royalties, fees, or monies paid to or collected by the Licensee, or which would otherwise be payable to Licensor in connection with the use/exploitation of the New Song as set forth in this Agreement.
Licensee hereby agrees and acknowledges that it is expressly prohibited from taking any action(s) and from engaging in any use of the Beat or New Song in the manners, or for the purposes, set forth below:
The rights granted to Licensee are NON-TRANSFERABLE and that Licensee may not transfer or assign any of its rights hereunder to any third-party; Licensee shall not synchronize, or permit third parties to synchronize, the Beat or New Song with any audiovisual works EXCEPT as expressly provided for and pursuant to Paragraph 4 (iii) of this Agreement for use in one (1) Video. This restriction includes, but is not limited to, use of the Beat and/or New Song in television, commercials, film/movies, theatrical works, video games, and in any other form on the Internet which is not expressly permitted herein. Licensee shall not have the right to license or sublicense any use of the Beat or of the NewSong, in whole or in part, for any so-called “samples”. Licensee shall not engage in any unlawful copying, streaming, duplicating, selling, lending, renting, hiring, broadcasting, uploading, or downloading to any database, servers, computers, peer to peer sharing, or other file sharing services, posting on websites, or distribution of the Beat in the form, or a substantially similar form, as delivered to Licensee. Licensee may send the Beat file to any individual musician, engineer, studio manager or other person who is working on the New Song. As applicable to both the underlying composition in the Beat and to the master recording of the Beat:
1. The parties acknowledge and agree that the New Song is a “derivative work”, as that term is used in the United States Copyright Act;
2. As applicable to the Beat and/or the New Song, there is no intention by the parties to create a joint work; and
3. There is no intention by the Licensor to grant any rights in and/or to any other derivative works that may have been created by other third-party licensees.
The Licensor is and shall remain the sole owner and holder of all right, title, and interest in the Beat, including all copyrights to and in the sound recording and the underlying musical compositions written and composed by Licensor. Nothing contained herein shall constitute an assignment by Licensor to Licensee of any of the foregoing rights. Licensee may not, under any circumstances, register or attempt to register the New Song and/or the Beat with the U.S. Copyright Office. The aforementioned right to register the New Song and/or the Beat shall be strictly limited to Licensor. Licensee will, upon request, execute, acknowledge and deliver to Licensor such additional documents as Licensor may deem necessary to evidence and effectuate Licensor’s rights hereunder, and Licensee hereby grants to Licensor the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if Licensee shall fail to execute same within five (5) days after so requested by Licensor.
The Licensee is strictly prohibited from registering the New Song or any derivative of the Beat with any content identification system, service provider, music distributor, or digital aggregator (e.g., YouTube Content ID, TuneCore, CD Baby). Any attempt to register the Beat or New Song in such systems will be considered a material breach of this Agreement.
For the avoidance of doubt, Licensee does not own the master or the sound recording rights in the New Song. Licensee has been licensed the right to use the Beat in the New Song and to commercially exploit the New Song based on the terms and conditions of this Agreement.
Notwithstanding the above, Licensee does own the lyrics or other original musical components of the New Song that were written or composed solely by the Licensee.
The licensee shall be deemed to have signed, affirmed and ratified its acceptance of the terms of this Agreement by virtue of its payment of the License Fee to Licensor and its electronic acceptance of its terms and conditions at the time Licensee made payment of the License Fee.
If any selection or musical composition, or any portion thereof, recorded in the New Song hereunder is written or composed by Producer, in whole or in part, alone or in collaboration with others, or is owned or controlled, in whole or in part, directly or indirectly, by Producer or any person, firm, or corporation in which Producer has a direct or indirect interest, then such selection and/or musical composition shall be hereinafter referred to as a “Controlled Composition”.
Producer hereby agrees to issue or cause to be issued, as applicable, to Licensee, mechanical licenses in respect of each Controlled Composition, which are embodied on the New Song. For that license, on the United States and Canada sales, Licensee will pay mechanical royalties at one hundred percent (100%) of the minimum statutory rate, subject to no cap of that rate for albums and/or EPs. For license outside the United States and Canada, the mechanical royalty rate will be the rate prevailing on an industry-wide basis in the country concerned on the date that this agreement has been entered into.
With respect to the publishing rights and ownership of the underlying composition embodied in the New Song, the Licensee and the Licensor hereby acknowledge and agree that the underlying composition shall be owned/split between them as follows:
1. Licensee shall own and control Fifty Percent (50%) of the so-called “Writer’s Share” of the underlying composition. Specifically, the Lyrics.
2. Licensor shall own and control Fifty Percent (50%) of the so-called “Writer’s Share” of the underlying composition. Specifically, the Music.
3. Licensor shall own, control, and administer Fifty Percent (50%) of the so-called “Publisher’s Share” of the underlying composition embodied in the New Song.
In the event that Licensee wishes to register his/her interests and rights to the underlying composition of the New Song with their Performing Rights Organization (“PRO”), Licensee must simultaneously identify and register the Licensor’s / Producer’s share and ownership interest in the composition to indicate that Licensor wrote and owns 50% of the composition in the New Song and as the owner of 50% of the Publisher’s share of the New Song.
Name: Christopher A. Aguilar
PRO: BMI
IPI # 1028563857
In consideration for the rights granted under this agreement, Licensee shall pay to Licensor the agreed-upon sum and other good and valuable consideration. Payment for License is non-refundable. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the Licensor shall have the right to terminate the License upon written notice to the Licensee. Such termination shall render the recording, manufacture, and/or distribution of the New Song for which monies have not been paid subject to and actionable as infringements under applicable law, including, without limitation, the United States Copyright Act, as amended. Licensee must make reasonable efforts to maintain an accounting of all sales, including but not limited to any commercial distribution, both digital and physical. Licensee and its agents will, upon reasonable request by Licensor, make such accounting available for inspection by Licensor or its authorized representatives, who will have the right to take copies of or extracts from any records kept pursuant to this Agreement. The costs of the audit will be borne by Licensor, unless the underpayment exceeds five percent (5%), in which event Licensee will bear the costs of such audit.
Licensee shall have the right to use and permit others to use Licensor’s (“Producer”) approved name, approved likeness, and other approved identification and approved biographical material concerning the Producer solely for purposes of trade and otherwise without restriction solely in connection with the New Song recorded hereunder. Licensee shall use best efforts to have Producer credited as a “producer” and shall give Producer appropriate production and songwriting credit on all promotion of the Track as well as compact discs, record, music video, and on the metadata and digital labels or any other record configuration manufactured which is now known or created in the future that embodies the New Song created hereunder and on all cover liner notes, any records containing the New Song and on the front and/or back cover of any album listing the New Song and other musician credits. Licensee shall use its best efforts to ensure that Producer is properly credited and Licensee shall check all proofs for accuracy of credits, and shall use its best efforts to cure any mistakes regarding Producer's credit. In the event of any failure by Licensee to issue credit to Producer, Licensee must use reasonable efforts to correct any such failure immediately and on a prospective basis. Such credit shall be in substantial form as follows: [Produced by OMR Beats - AggaRhythms], or [Prod. by OMR Beats - AggaRhythms].
Licensee shall have five (5) business days from its receipt of written notice by Licensor and/or Licensor’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Licensor's sole discretion, the termination of Licensee’s rights hereunder.
If Licensee engages in the commercial exploitation and/or sale of the Beat or New Song outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Licensor for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorized commercial exploitation of the Beat and/or New Song.
Licensee recognizes and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Licensor, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Licensor may seek and shall be entitled to a temporary restraining order and preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Licensor from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Licensor incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys' fees.
Licensee hereby agrees that Licensor has not made any guarantees or promises that the Beat fits the particular creative use or musical purpose intended or desired by the Licensee. The Beat, its sound recording, and the underlying musical composition embodied therein, are licensed to the Licensee “as is” without warranties of any kind or fitness for a particular purpose.
Licensor warrants and represents that he has the full right and ability to enter into this agreement, and is not under any disability, restriction, or prohibition with respect to the grant of rights hereunder. Licensor warrants that the manufacture, sale, distribution, or other exploitation of the New Song hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and right(s) of privacy and publicity and will not constitute libel and/or slander.
Licensee warrants that the manufacture, sale, distribution, or other exploitation of the NewSong hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and rights of privacy and publicity and will not constitute libel and/or slander. The foregoing notwithstanding, Licensor undertakes no responsibility whatsoever as to any elements added to the New Song by Licensee, and Licensee indemnifies and holds Licensor harmless for any such elements.
Licensor warrants that he did not “sample” (as that term is commonly understood in the recording industry) any copyrighted material or sound recordings belonging to any other person, firm, or corporation (hereinafter referred to as “Owner”) without first having notified Licensee. Licensee shall have no obligation to approve the use of any sample thereof; however, if approved, any payment in connection therewith, including any associated legal clearance costs, shall be borne by Licensee. Knowledge by Licensee that “samples” were used by Licensor which were not affirmatively disclosed by Licensor to Licensee shall shift, in whole or in part, the liability for infringement or violation of the rights of any third party arising from the use of any such “sample” from Licensor to Licensee.
Parties hereto shall indemnify and hold each other harmless from any and all third party claims, liabilities, costs, losses, damages or expenses as are actually incurred by the non-defaulting party and shall hold the non-defaulting party, free, safe, and harmless against and from any and all claims, suits, demands, costs, liabilities, loss, damages, judgments, recoveries, costs, and expenses; (including, without limitation, reasonable attorneys' fees), which may be made or brought, paid, or incurred by reason of any breach or claim of breach of the warranties and representations hereunder by the defaulting party, their agents, heirs, successors, assigns and employees, which have been reduced to final judgment; provided that prior to final judgment, arising out of any breach of any representations or warranties of the defaulting party contained in this agreement or any failure by defaulting party to perform any obligations on its part to be performed hereunder the non-defaulting party has given the defaulting party prompt written notice of all claims and the right to participate in the defense with counsel of its choice at its sole expense. In no event shall Licensee be entitled to seek injunctive or any other equitable relief for any breach or non-compliance with any provision of this agreement.
Under no circumstances shall Licensor be liable to Licensee for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if Licensor has been advised of the possibility of such damages.
The Beat is provided "as-is," and Licensor makes no representations or warranties of any kind, express or implied, regarding the Beat, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee assumes all risks associated with the use of the Beat.
Licensee agrees to indemnify, defend, and hold harmless Licensor and its agents, employees, and contractors from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Licensee's use of the Beat, including any third-party claims of infringement or violation of intellectual property rights.
Licensee acknowledges that any breach of this Agreement may cause irreparable harm to Licensor, and that monetary damages may be inadequate. Accordingly, Licensor shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce this Agreement.
Licensor shall not be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government orders, or any other force majeure event.
This Agreement and the rights granted hereunder are personal to Licensee and may not be transferred, assigned, or sublicensed to any third party without the prior written consent of Licensor.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Licensor reserves the right to terminate this Agreement immediately upon any breach of its terms by the Licensee. Upon termination, Licensee must cease all use of the Beat, including removing any public posts or distributions that include the Beat, and all rights granted under this Agreement shall revert to Licensor.
Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of New Mexico, USA, and the Licensee consents to the jurisdiction of such courts.
By purchasing the beat, the Licensee acknowledges that they have read and understood the terms and conditions of this Mastermind License Agreement. The Licensee further acknowledges that they have been advised to seek independent legal counsel regarding this Agreement and either have done so or have chosen to waive that right. The act of purchasing the beat constitutes the Licensee's agreement to and acceptance of all the terms and conditions set forth herein, and serves as the equivalent of the Licensee's signature on this Agreement.
The Licensor, by accepting the payment and delivering the beat, also agrees to the terms and conditions of this Agreement, thus entering into a binding contract with the Licensee.
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