⚖️ Software License Agreement

1. Grant of License

1.1 License Type

This license is granted as:

• Non-Exclusive: Licensor may grant licenses to other parties
• Non-Transferable: You may not assign or transfer this license to another party
• Revocable: Licensor may revoke this license upon breach of terms
• Worldwide: Valid for use in any geographic location
• Perpetual: Valid until terminated according to Section 9

1.2 License Models

This license permits use under the following models:

2. Scope of License

2.1 Permitted Uses

You are expressly permitted to:

• Installation: Install and use the Software on any number of computers you own or control
• Backup Creation: Use the Software to create backups of your data to SSH/SFTP servers
• Configuration: Configure the Software to connect to your own infrastructure
• Commercial Use: Use the Software in a commercial or enterprise environment
• Automated Deployment: Deploy the Software via automated systems (Task Scheduler, Group Policy, etc.)
• Backup Copies: Make backup copies of the Software for archival purposes

2.2 Usage Scenarios

3. License Restrictions

3.2 Technical Restrictions

You may not:

• Circumvent or bypass any technical limitations or security measures in the Software
• Use the Software to violate the security or integrity of any network, computer, or communications system
• Attempt to gain unauthorized access to any systems through the Software
• Use the Software to transmit viruses, malware, or other harmful code

3.3 Compliance

You must use the Software in compliance with all applicable local, state, national, and international laws and regulations, including but not limited to data protection laws, export control laws, and privacy regulations.

4. Intellectual Property Rights

4.1 Ownership

4.2 Copyright

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted herein are reserved.

4.3 Third-Party Components

The Software incorporates the following open-source components:

• SSH.NET - MIT License
• DotNetZip - Microsoft Public License (Ms-PL)

These components are subject to their respective licenses. The licenses for these components are included with the Software distribution and are available for review.

4.4 Your Data

You retain all rights, title, and interest in and to your data. The Software does not claim any ownership or rights to the data you backup using the Software.

5. Redistribution and Derivative Works

5.1 General Prohibition

You may not redistribute the Software to third parties outside your organization. The Software may only be obtained through official channels provided by Licensor.

5.2 Internal Distribution

Within your organization, you may:

• Deploy the Software to employee workstations
• Share installation packages internally via network shares
• Use automated deployment tools (SCCM, Group Policy, etc.)

Condition: All recipients must be bound by the terms of this Agreement.

5.3 Derivative Works

You may not create derivative works based on the Software without express written permission from Licensor. This includes but is not limited to:

• Modified versions of the Software
• Software that incorporates portions of the Software
• Plugins or extensions that modify core functionality

6. Updates and Support

6.1 Software Updates

Licensor may, at its sole discretion, provide updates, upgrades, bug fixes, or new versions of the Software. Such updates may be subject to additional or different terms.

6.2 Automatic Updates

The Software does not include automatic update functionality. You are responsible for manually checking for and installing updates.

6.3 Support

Licensor provides support on a best-effort basis through the following channels:

• GitHub Issues: For bug reports and feature requests
• Documentation: Online documentation and guides
• Community: User forums and discussion boards (if available)

6.4 End of Life

Licensor reserves the right to discontinue support for older versions of the Software at any time without notice. Continued use of unsupported versions is at your own risk.

7. Limited Warranty and Disclaimer

7.2 Specific Disclaimers

Licensor does NOT warrant that:

• The Software will meet your specific requirements or expectations
• The Software will operate uninterrupted or error-free
• All defects or errors will be corrected
• The Software is compatible with all hardware and software configurations
• Backups created by the Software will be successful, complete, or restorable
• Use of the Software will prevent data loss

7.3 Risk Acknowledgment

YOU ACKNOWLEDGE AND AGREE THAT:

• Use of the Software is at your sole risk
• You are responsible for verifying backup integrity and recoverability
• You should maintain multiple backup strategies (e.g., 3-2-1 backup rule)
• The Software is a tool to assist with backups, not a guarantee against data loss

7.4 Testing Requirement

8. Limitation of Liability

8.2 Cap on Liability

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Licensor's total liability shall not exceed the amount of $0.00 USD.

8.3 Basis of Bargain

You acknowledge that the limitations of liability in this section are an essential element of the basis of the bargain between you and Licensor, and that Licensor would not provide the Software absent such limitations.

8.4 Indemnification

You agree to indemnify, defend, and hold harmless Licensor from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use or misuse of the Software or violation of this Agreement.

9. Termination

9.1 Termination by Licensee

You may terminate this Agreement at any time by:

• Uninstalling the Software from all devices
• Destroying all copies of the Software in your possession or control
• Ceasing all use of the Software

9.2 Termination by Licensor

Licensor may terminate this Agreement immediately, without notice, if you:

• Breach any provision of this Agreement
• Engage in prohibited uses as defined in Section 3
• Fail to comply with applicable laws or regulations
• Use the Software in a manner that harms Licensor or third parties

9.3 Effect of Termination

Upon termination of this Agreement:

• All rights granted under this Agreement immediately cease
• You must immediately discontinue all use of the Software
• You must uninstall and destroy all copies of the Software
• Sections 4, 7, 8, and 12 shall survive termination

9.4 No Refund

The Software is provided free of charge. No refunds, credits, or compensation are due upon termination of this Agreement.

10. Data Protection and Privacy

10.1 Data Processing

The Software processes the following data locally on your device:

• SSH/SFTP server credentials (encrypted in Windows Registry)
• Backup configuration settings
• File paths and metadata for backup operations
• Log files containing backup activity information

10.2 No Data Collection by Licensor

10.3 Remote API (Optional)

If you configure the optional Remote API feature, the Software will communicate with your specified API server to fetch configuration settings and optionally upload log files. You are responsible for:

• The security and privacy compliance of your API server
• Ensuring appropriate data protection measures are in place
• Complying with applicable data protection regulations (GDPR, CCPA, etc.)

10.4 Third-Party Services

When you configure the Software to connect to SSH/SFTP servers or API servers, you are establishing a direct relationship with those third-party services. Licensor is not responsible for the privacy practices or data handling of third-party services.

10.5 Your Responsibilities

You are responsible for:

• Ensuring you have the right to backup the data you choose to backup
• Complying with applicable data protection laws when backing up personal data
• Securing your backup destinations and encryption passwords
• Implementing appropriate data retention and deletion policies

11. Export Compliance

11.1 Export Control Laws

The Software may be subject to export control laws and regulations of various countries. You agree to comply with all applicable export and import laws and regulations.

11.2 Encryption Technology

The Software includes encryption technology. Export or re-export of encryption software may be restricted or prohibited under applicable laws. You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any prohibited country
• You are not on any prohibited parties list maintained by any government
• You will not use the Software for any prohibited purposes, including nuclear, chemical, or biological weapons development

11.3 Compliance Responsibility

You are solely responsible for determining whether your use of the Software complies with applicable export control laws. Licensor is not responsible for your violations of export laws.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Licensor regarding the Software and supersedes all prior or contemporaneous understandings, agreements, or communications.

12.2 Amendment

Licensor reserves the right to modify this Agreement at any time. Modifications will be effective upon posting of the updated Agreement. Continued use of the Software after modifications constitutes acceptance of the modified Agreement.

12.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.4 Waiver

No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

12.5 Assignment

You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Licensor's prior written consent. Any attempted assignment in violation of this section shall be void.

12.6 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is located, without regard to conflict of law principles.

12.7 Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

12.8 Attorney's Fees

In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

12.9 Force Majeure

Licensor shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, or Internet service interruptions.

12.10 Notices

Any notices required or permitted under this Agreement shall be provided via the contact information specified below or through the Software's official communication channels.

12.11 Language

This Agreement is written in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

📧 Contact Information

For questions regarding this License Agreement, please open an issue on the GitHub repository.