End-User License Agreement (EULA) for SoundUP
Last Updated: September 9, 2025
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
1. Preamble
This End-User License Agreement (“Agreement”) is a legally binding contract between you (an individual or a single entity), hereinafter referred to as the “User,” and Gleb Sergeevich Batukhtin, registered as a professional income tax payer (self-employed), hereinafter referred to as the “Rights Holder,” for the SoundUP software product, including all associated components, media, and documentation (hereinafter the “Software”).
By installing, copying, downloading, or otherwise using the Software, you unconditionally accept all the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
2. Grant of License
Subject to your compliance with the terms of this Agreement, the Rights Holder grants you the following rights:
- SoundUP Community Edition (CE): The Rights Holder grants the User a free, revocable, non-exclusive, non-transferable license to install and use the Community Edition version of the Software solely for personal, non-commercial purposes.
- SoundUP Professional Edition (Pro): Upon payment of the applicable license fee, the Rights Holder grants the User a paid, perpetual (within the current major version), revocable, non-exclusive, non-transferable license to install and use the Professional Edition version of the Software for personal and commercial purposes. This license permits the use of the Software on no more than two (2) devices owned or controlled by the User.
3. Restrictions on Use
The User agrees not to, and not to permit others to: (a) decompile, disassemble, reverse engineer, modify, adapt, translate, or otherwise attempt to derive the source code of the Software; (b) rent, lease, sublicense, sell, distribute, or otherwise transfer rights to the Software to any third party without the prior written consent of the Rights Holder; (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices of the Rights Holder contained in the Software; (d) circumvent any technical protection measures integrated into the Software; (e) use the Software for any purpose that is unlawful, infringes on the rights of third parties, or is prohibited by this Agreement.
4. Intellectual Property Rights
This Agreement grants the User a limited license to use the Software and is not a sale. The Rights Holder retains all right, title, and interest in and to the Software, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. All rights not expressly granted to the User in this Agreement are reserved by the Rights Holder.
5. User Content and Privacy
ALL PROCESSING IS DONE LOCALLY. The Rights Holder claims no ownership rights over the audio files or any other content that the User processes with the Software (“User Content”).
The Rights Holder does not collect, store, transmit, or have access to User Content. All processing of User Content is performed exclusively on the User’s device.
The User is solely responsible for their User Content and for ensuring that they have all necessary rights, licenses, and consents to use and process it with the Software.
6. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE RIGHTS HOLDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THE RIGHTS HOLDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE USER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE RIGHTS HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, CONFIDENTIAL INFORMATION, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE LEGAL THEORY, EVEN IF THE RIGHTS HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT A DISCLAIMER OF LIABILITY IS HELD TO BE INVALID BY A COURT OF COMPETENT JURISDICTION, THE AGGREGATE LIABILITY OF THE RIGHTS HOLDER UNDER ANY CLAIM ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER FOR THE LICENSE TO THE SOFTWARE.
8. Indemnification
The User agrees to indemnify, defend, and hold harmless the Rights Holder from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or in connection with: (a) the User’s use of the Software; (b) the User’s violation of any of the terms of this Agreement; or (c) the User’s violation of any third-party rights, including intellectual property rights, in connection with the use of the Software and the processing of User Content.
9. Termination
This Agreement is effective until terminated. The User’s rights under this Agreement will terminate automatically without notice from the Rights Holder if the User fails to comply with any of its terms. Upon termination of the Agreement, the User shall immediately cease all use of the Software and destroy all copies, full or partial, of the Software.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation, without regard to its conflict of law provisions. All disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the competent courts in the Russian Federation.
11. General Provisions
- Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written understandings, proposals, and representations.
- Contact Information: For any questions regarding this Agreement, you may contact the Rights Holder by email at: gbatukhtin@gmail.com.