End User License Agreement
This End User License Agreement ("EULA", "Agreement") is a binding legal agreement between you ("you", "Licensee") and the Licensor identified above, governing your installation, access, and use of the BatchRender desktop software application and any associated documentation or updates ("Software"). By downloading, installing, activating, or otherwise using the Software, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not install or use the Software.
1. Grant of License
Subject to your compliance with this Agreement and timely payment of any applicable fees, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on the number of devices permitted by your purchased plan or trial, solely for your own personal or internal business purposes. The Software is licensed, not sold. All rights not expressly granted are reserved by the Licensor.
2. Trial and Watermark Mode
The Software is available in a free trial mode that operates without time limit but applies a visible watermark to all rendered output. Removing the watermark requires activation with a valid license key purchased through our authorized reseller. The trial mode is provided for evaluation purposes only; rendering output produced in trial mode for commercial use without a license is permitted, but the watermark may not be removed, edited, masked, or circumvented by any means.
3. Permitted Uses
You may:
- install and use the Software on the number of devices specified by your purchased plan;
- use the Software to process and render media files for personal, commercial, or professional projects, including for paying clients;
- make a reasonable number of backup copies of the installer for archival purposes only.
4. Prohibited Uses
You may not, and may not permit any third party to:
- copy, reproduce, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by mandatory applicable law;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or any non-public components of the Software, except to the limited extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- redistribute, resell, sublicense, rent, lease, lend, or commercially exploit the Software or your license key;
- share, publish, or transfer your license key to any third party;
- remove, obscure, alter, or circumvent any proprietary notices, watermarks, license-checks, activation mechanisms, or technical protections;
- use the Software to develop or train any competing software product, machine-learning model, or large-language model;
- use the Software in violation of any applicable law, including export-control, sanctions, intellectual-property, and privacy laws.
5. License Key and Activation
License activation is performed via an online check at first activation and periodically thereafter. The Software may store an activation token locally to enable offline use between checks. You are responsible for keeping your license key confidential. The Licensor reserves the right to deactivate license keys that have been shared, leaked publicly, used in excess of permitted device counts, or obtained through fraudulent means.
6. Updates and Modifications
The Licensor may, at its sole discretion, release updates, patches, or new versions of the Software ("Updates"). Updates may be installed manually by you. Updates may add, modify, or remove features. Where a security or compatibility issue requires it, the Licensor may push a mandatory update; continued use of the Software constitutes acceptance of such Updates. The Licensor is not obligated to provide Updates indefinitely.
7. Third-Party Components and Services
The Software bundles or integrates open-source and third-party components ("Third-Party Components"). Each Third-Party Component is licensed under its own terms, which apply in addition to (and, in case of conflict, prevail over) this Agreement with respect to that component only. A list of Third-Party Components and the texts of their respective licenses are made available within the Software or upon written request to the contact address below. The Software may also communicate with online services operated by the Licensor or its providers (including, without limitation, an activation/license server and an update server) for the purposes described in the Privacy Policy.
8. Intellectual Property
The Software and all related intellectual property rights, including copyrights, trademarks, trade secrets, and any modifications or derivative works thereof, are and shall remain the exclusive property of the Licensor and its licensors. This Agreement grants you only the limited license expressly stated in Section 1; no other rights, by implication or estoppel, are granted. The "BatchRender" name and logo are trademarks of the Licensor.
9. Your Content
You retain all ownership rights in any media files, projects, or other content you process with the Software ("Your Content"). The Software processes Your Content locally on your device. The Licensor does not receive, store, or claim any rights in Your Content.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE LICENSOR EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
The Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free of viruses, that defects will be corrected, that any specific results will be obtained, or that the Software will be compatible with any particular hardware, operating-system version, or third-party software. You assume all risk arising from use of the Software, including loss of data and damage to systems.
Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions the foregoing exclusions apply to the maximum extent permitted by law and your statutory rights as a consumer remain unaffected.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO THE AUTHORIZED RESELLER FOR YOUR LICENSE OF THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR FIFTY EUROS (€50), WHICHEVER IS GREATER.
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.
12. Indemnification
You agree to defend, indemnify, and hold harmless the Licensor from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Software in breach of this Agreement; (b) your violation of any applicable law; or (c) your infringement of any third-party right, including any intellectual-property right, in connection with content you process using the Software.
13. Term and Termination
This Agreement is effective from the moment you first install or use the Software and continues until terminated. You may terminate at any time by uninstalling and ceasing all use of the Software.
The Licensor may suspend or terminate this Agreement and your license, with or without notice, if you materially breach this Agreement, including any prohibited use or non-payment. Upon termination, all rights granted to you cease immediately and you must uninstall and destroy all copies of the Software in your possession or control. Sections that by their nature should survive termination (including Sections 4, 8, 10, 11, 12, 14, 15, and 16) shall survive.
14. Refunds and Consumer Rights
Refunds are handled by our authorized reseller (currently Lemon Squeezy, our Merchant of Record) in accordance with the Refund Policy. Where you purchase as a consumer in the European Union, certain mandatory consumer protections may apply; nothing in this Agreement is intended to limit or exclude rights you have under such mandatory law.
15. Export Controls and Sanctions
You represent that you are not located in, and will not export or re-export the Software to, any country or to any person on a sanctions or denied-parties list maintained by the European Union, the United Nations, the United States, or the United Kingdom, where such export would be prohibited by applicable law.
16. Governing Law and Dispute Resolution
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties shall first attempt in good faith to resolve any dispute by direct negotiation. If a dispute cannot be resolved within sixty (60) days of written notice, it shall be submitted to the exclusive jurisdiction of the competent courts of Nicosia, Cyprus, except that, where you act as a consumer, you may also bring proceedings before the courts of your country of residence to the extent required by mandatory applicable law.
17. General Provisions
Entire Agreement. This Agreement, together with the Terms of Service, the Privacy Policy, and the Refund Policy, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous communications, whether written or oral.
Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be interpreted to come as close as possible to the parties' original intention.
No waiver. Failure or delay by the Licensor in enforcing any right shall not constitute a waiver of that right.
Assignment. You may not assign or transfer this Agreement or your license without the Licensor's prior written consent. The Licensor may assign this Agreement to any successor in interest.
Force Majeure. Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, government actions, internet or utility outages, or pandemics.
Changes. The Licensor may update this Agreement from time to time. Material changes will be communicated through the Software or website at least thirty (30) days before they take effect. Continued use after the effective date constitutes acceptance of the revised Agreement.
Language. This Agreement is provided in English, Russian, and Chinese for convenience. In the event of any discrepancy between language versions, the English version shall prevail.
18. Contact
Questions about this EULA should be directed to support@batchrender.com.