Legal › Licence agreement
Licence agreement
This is the agreement shown by the BackupMate installers. It governs how the software may be used. Buying a licence is covered by the terms of sale.
BACKUPMATE END USER LICENCE AGREEMENT
Please read this agreement before installing or using BackupMate. By installing
or using the software you agree to it. If you do not agree, do not install or
use the software.
"BackupMate" or "the software" means the BackupMate server and client programs,
their installers and their documentation. "BuzzNeuron", "we" and "us" mean
BuzzNeuron, the publisher of BackupMate. "You" means the person or organisation
installing or using the software.
1. LICENCE
1.1 The software is licensed, not sold. Subject to this agreement, we grant you
a non-exclusive, non-transferable licence to install and use it within your own
organisation or household.
1.2 You may install the server software on your own equipment. The number of
computers that may back up to a server depends on the terms that server is on:
(a) Trial. For 30 days from the day a server is first installed, any number
of computers may back up to it, so that you can evaluate the software.
(b) Free plan. After the trial, and without a licence key, up to 3 computers
may back up to a server, for as long as you wish.
(c) Paid licence. A licence key permits the number of computers stated in it
to back up to the one server it was issued for, until its expiry date.
1.3 A licence key is issued for a single server installation and may not be
used on any other. If you reinstall a server so that its identity changes,
contact us to have the key reissued.
1.4 When a paid licence expires it continues to be honoured for a further 14
days. After that the server returns to the free plan, and computers beyond the
free plan's allowance stop backing up until a licence is installed.
1.5 Restoring your files is never restricted by the licence. Whatever has been
backed up remains available to you to restore, whether or not a licence is in
force.
2. WHAT YOU MAY NOT DO
You may not: (a) remove, disable or work around the software's licence checks,
or use the software on more computers than your terms allow; (b) sell, rent,
lease or sub-license the software, or provide it to others as a service, without
our written agreement; (c) reverse engineer, decompile or disassemble the
software, except to the extent that the law applicable to you expressly permits
this despite this restriction; (d) remove any copyright or licence notice.
3. THIRD-PARTY COMPONENTS
The software includes components written by others, including the kopia backup
engine. They are listed, with their licences, in the file
THIRD-PARTY-NOTICES.txt installed with the software. Those components are
licensed to you by their authors under those licences, and nothing in this
agreement limits the rights those licences give you.
4. YOUR DATA AND YOUR RESPONSIBILITIES
4.1 The software runs on your own equipment and network. Your backups are
stored on storage that you provide. We do not receive, hold or have access to
your files, your backups, your passwords or your encryption keys, and the
software does not send them, or information about your use of it, to us.
4.2 The one connection the software makes outside your network is this: once
a day the server program requests a public file from our website to learn the
number of the latest version, so that it can tell you when an update exists.
That request contains no information that identifies you, your server, your
licence or your computers. It downloads and installs nothing. You can switch
it off in the server's settings. The client program makes no connection
outside your network.
4.3 Your backups are encrypted. Unless your server is configured to manage the
encryption key for you, the key is derived from a passphrase that only you hold.
IF THAT PASSPHRASE IS LOST, THE BACKUPS CANNOT BE RECOVERED BY ANYBODY, INCLUDING
US. Keeping it safe is your responsibility.
4.4 You are responsible for: the equipment and storage the software runs on,
including its reliability and free space; keeping the server's data folder and
its keys backed up; checking that backups are being taken and that files can be
restored; and acting on the warnings the software gives you. A file the software
reports as skipped has not been backed up.
4.5 No backup software can guarantee that data will never be lost. You should
not rely on the software as your only protection for data whose loss you could
not bear.
5. UPDATES AND SUPPORT
We may provide updates. Support, where offered, is provided on the terms of the
plan you have bought. No support is included with the trial or the free plan
unless we agree otherwise.
6. TERM AND TERMINATION
This agreement lasts for as long as you use the software. It ends automatically
if you break it. When it ends you must stop using the software to take new
backups; you may continue to use it to restore files you have already backed up.
7. NO WARRANTY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT
WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
PARTICULAR FILE WILL BE BACKED UP OR CAN BE RESTORED.
8. LIMIT OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR
CORRUPTION OF DATA, LOSS OF PROFIT, BUSINESS INTERRUPTION, OR ANY INDIRECT,
SPECIAL OR CONSEQUENTIAL LOSS ARISING FROM THE USE OF, OR INABILITY TO USE, THE
SOFTWARE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU
PAID US FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. Nothing in
this agreement excludes liability that cannot be excluded by law.
9. GENERAL
9.1 This agreement is governed by the laws of India. The courts having
jurisdiction at BuzzNeuron's registered place of business have exclusive
jurisdiction over any dispute arising from it.
9.2 This is the whole agreement between you and us about the software. If any
part of it is found to be unenforceable, the rest continues to apply. A later
version of the software may be supplied under a revised agreement.
9.3 You can reach us through the contact details published with the software
and on its website.