1. Parties and agreement
This End User License Agreement (the “Music License”) is a binding agreement between you (“you” or the “Licensee”) and Jon-Andrew Martin, an individual operating as a sole proprietor at 602 Lampton Ln, McAlester, OK 74501, USA (“Jon-Andrew,” the “Licensor,” or “we”). It governs every digital audio file, ZIP archive of audio files, and associated metadata or artwork (together, the “Licensed Works”) that you purchase and download from https://jon-andrew.com.
By purchasing, downloading, or using any Licensed Work, you accept this Music License in full. If you are entering this agreement on behalf of a company or organization, you represent that you have authority to bind that entity, and that entity becomes the Licensee. If you do not agree to these terms, do not purchase or download the Licensed Works.
2. Personal, non-commercial license grant
Subject to your full payment and continued compliance with this Music License, Jon-Andrew grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, store, and play the Licensed Works on devices you own or control for your own private, personal, non-commercial listening.
“Non-commercial” means you may not use the Licensed Works in any manner that is intended for or results in monetary compensation, revenue, or commercial advantage, whether direct or indirect. You may make a reasonable number of personal backup copies solely to prevent loss. This license does not grant any right to reproduce, distribute, publicly perform, broadcast, synchronize, adapt, or otherwise exploit the Licensed Works beyond the personal listening described above.
This is a license to use a copy of the Licensed Works within these limits. It is not a sale or transfer of any copyright, master recording, musical composition, or other intellectual property right.
3. Prohibited uses
You may not, and may not permit any third party to:
- Sell, resell, rent, lease, loan, or otherwise transfer the Licensed Works, whether standalone or bundled into any other product;
- Repackage, reissue, or distribute the Licensed Works (or any part of them) as sample packs, loop packs, construction kits, stock libraries, or any similar collection offered for sale or license;
- Upload, share, or distribute the Licensed Works over peer-to-peer (P2P) networks, file-sharing services, torrents, or any public or semi-public platform, including personal hosting, streaming services, or social platforms;
- Synchronize, combine, or incorporate the Licensed Works into any film, video, game, application, advertisement, podcast, broadcast, livestream, or other audiovisual work without a separate written synchronization license;
- Use, or cause or permit others to use, the Licensed Works to train, develop, improve, or evaluate any artificial intelligence, machine-learning, or generative-audio model, system, or service;
- Sample, remix, interpolate, or create derivative works from the Licensed Works except as expressly authorized in writing;
- Claim authorship of the Licensed Works, register them with any copyright office or rights-management service as your own, or submit them to any automated content-identification or content-claim system;
- Remove, alter, or obscure any copyright notice, watermark, metadata, or attribution contained in the Licensed Works; or
- Use the Licensed Works in any manner not expressly permitted by this Music License.
Any use outside the scope of this Music License requires a separate, written license from Jon-Andrew. The restrictions in this section apply to permission granted by this Music License and do not limit uses permitted by applicable law, including fair use or fair dealing.
4. Ownership and reservation of rights
Jon-Andrew Martin retains one hundred percent (100%) of all right, title, and interest in and to the Licensed Works, including all master recording copyrights, musical composition copyrights, and any related intellectual property rights, except as expressly and specifically licensed to you in writing.
Nothing in this Music License transfers ownership of any copyright or other intellectual property right to you. All rights not expressly granted to you under this Music License are reserved by Jon-Andrew Martin. If the Licensed Works contain third-party material, that material remains subject to its respective owners' rights, and this Music License grants you no rights in it.
5. Commercial and synchronization licenses
To use the Licensed Works in any commercial project, public performance, broadcast, film, video, advertisement, game, application, podcast, or other audiovisual synchronization, you must first obtain a separate written license from Jon-Andrew. Email contact@jon-andrew.com with the work and recording, intended media, territory, duration, distribution, fee, and attribution requirements.
A separate written agreement is required for each permitted commercial or synchronization use and must identify the exact scope of rights granted. Paying for a personal-use download does not entitle you to any commercial or synchronization use, and no such use is authorized unless expressly granted in a signed writing.
6. Delivery
Licensed Works are delivered electronically by a single-use download token sent to the email address you provide at checkout. The token is valid for 48 hours from issue and permits up to three (3) download attempts. Delivery of the token constitutes delivery of the Licensed Works. You are responsible for downloading and backing up the Licensed Works promptly; indefinite hosting or unlimited replacement downloads are not promised.
Delivery and refund terms are described in the music refund and delivery policy, which is incorporated into this Music License by reference.
7. Cancellation, withdrawal, and refunds
Refund and cancellation rights are governed by the music refund and delivery policy. Where applicable law provides a statutory withdrawal right, that right may be waived by your express request for immediate performance, as described in that policy. Nothing in this Music License removes any right or remedy that applicable law makes mandatory and that cannot be waived.
8. Termination
This Music License and the rights it grants terminate automatically and immediately if you materially breach any term of this Music License. Upon termination, you must stop all use of the Licensed Works and delete all copies from devices and services under your control. Unauthorized distribution, resale, P2P sharing, synchronization without written authorization, or use in training generative AI audio models constitutes a material breach entitling Jon-Andrew to immediate termination and to all remedies available at law or in equity.
Termination does not limit any right or remedy available to Jon-Andrew for the breach, and it does not affect any provision that by its nature should survive termination, including ownership, prohibitions, and limitations of liability.
9. No warranty and limitation of liability
To the maximum extent permitted by applicable law, the Licensed Works are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Jon-Andrew does not warrant that the Licensed Works are free of defects or that download will be uninterrupted or error-free.
To the maximum extent permitted by applicable law, Jon-Andrew's total aggregate liability arising out of or related to the Licensed Works or this Music License shall not exceed the amount you actually paid for the Licensed Works at issue. Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud or for personal injury caused by negligence, and nothing limits your rights under mandatory consumer-protection law.
10. Governing law and contact
To the extent permitted by applicable law, this Music License is governed by the laws of the State of Oklahoma and applicable federal law of the United States, without regard to conflict-of-laws rules. Where mandatory consumer-protection law of your place of residence applies, it is not affected by this choice.
For questions, commercial license requests, or notices under this Music License, contact Jon-Andrew Martin at contact@jon-andrew.com or +1 (424) 379-7477. See also the site terms of service and the privacy policy.