BackupAssist MultiSite Manager End User License Agreement

Download the BackupAssist MultiSite
Manager End User License Agreement

The use of the software known as MultiSite Manager (“Software”) and supplied
documentation (“Material”) which is owned or licensed to you by Cortex It Labs Pty Ltd
(ACN 120 499 176) (“Licensor”) is governed by the licence terms and conditions set out
below (“this Agreement”). Without limiting the ways in which you may be bound by this
Agreement, by clicking “I accept the terms of this Licence Agreement” (or similar wording) or using a
similar mechanism indicating your acceptance, by signing a document in which you expressly agree to be
bound by this Agreement, or by otherwise installing and using the Software, you (the
“Licensee”) will be deemed to have accepted and will be bound by the terms and
conditions of this Agreement.

LICENCE CONDITIONS
- 1.1 Subject to clause 4, the Licensor grants to the Licensee, a
  non-exclusive, non-transferable, revocable licence (“Licence”) to install and use the
  Software on the number of personal computers (as specified by the Licensor at the time of
  granting the Licence) which are owned, leased or otherwise controlled by the Licensee
  (“Licensed System”).
  1.2 The term of the Licence will be separately specified by the Licensor at the time the
  Licence is granted to the Licensee. The term of the License may, subject to clause
  4, at the Licensor’s discretion be:
  1. limited to a specific period of time, which may or may not be capable of renewal (“Subscription
    Licence”); A Subscription Licence may also be granted as part of a
    software as a service offering (as designated at the time of purchase or supply of
    the Software) (“SAAS Licence”); or
  2. limited to an evaluation term (“Evaluation Licence”).
- 1.3 If the Software is provided on a Subscription Licence basis, the Licence will continue
  for such time as the Licensee continues to pay all applicable licence fees to the Licensor,
  unless terminated earlier pursuant to clause 4.
  1.4 The Licensee may only make reproductions of the Software for the purposes of back-up or
  archival purposes (in which case, only one copy of the Software may be made), executing the
  Software for its intended purpose and installing the Software on the Licensed System. The
  Licensee shall keep any backup or archival copies of the Software in a secure place under
  its control.
  1.5 Apart from clause 1.4 and except to the extent permissible under the Copyright Act 1968
  (Cth), the Licensee may not copy or reproduce the Software.
  1.6 The Licensee may not sublicense, deliver, transfer or assign the Licence to any other
  person without the written permission of the Licensor.
  1.7 Unless otherwise agreed to in writing by the Licensor, the Licensee may not install or
  use the Software on a server or on any computer other than the Licensed System.
PRIVACY
The Licensor may from time to time collect personal information about the Licensee or its users
of the Software. All personal information collected by the Licensor will be managed in
accordance with its privacy policy which may be viewed here – https://www.sandbox.backupassist.com/company/legal-notices/privacy-policy
EVALUATION LICENCE
1. 3.1 If the Software is provided on an Evaluation Licence basis, this Licence commences on
  the date that the Software is installed and expires at the end of the evaluation period
  specified by the Licensor at the time of installation (“Evaluation Term“).
2. 3.2 The Licensor may at its discretion, limit the functionality of the Software and/or
  restrict access to certain functionality of the Software during the Evaluation Term.
3. 3.3 The Licensee may purchase a full licence of the Software and unlock its full
  functionality at any time by visiting www.backupassist.com or via the
  purchase functionality contained in the Software. Upon expiry of the Evaluation Term, the
  Licensor may offer the Licensee the option to purchase a full licence of the Software,
  subject to payment of all applicable fees specified by the Licensor.
4. 3.4 This Licence terminates automatically without notice from the Licensor upon the
  expiration of the Evaluation Term, unless the Licensee elects to purchase a full licence of
  the Software pursuant to clause 3.3. Upon expiry or termination of the
  Evaluation Licence the Licensee must, without limitation, comply with its obligations under
  clause 4.4
TERMINATION
1. 4.1 This Agreement will automatically terminate upon the termination of the Licence.
2. 4.2 This Agreement may be terminated by the Licensee by written notice to the Licensor and
  by the Licensee returning all copies of the Software and documentation.
3. 4.3 This Agreement and the Licensee’s rights under this Agreement may be terminated at any
  time by the Licensor on the provision of written notice to the Licensee if:
  1. the Licensee is in breach of this Agreement or a Third Party Licence (as that term
    is defined in clause 10.1);
  2. the Licensee becomes insolvent, bankrupt, is wound up, or has an administrator,
    liquidator or receiver appointed over it or its assets; or
  3. another agreement between the Licensee and the Licensor permits the Licensor to
    terminate this Agreement.
4. 4.4 Upon the termination of this Agreement:
  1. the Licensee will cease using the Software and will immediately uninstall and delete
    the Software from the Licensed System;
  2. the Licensee will delete or destroy, or where specified by the Licensor, return to
    the Licensor, any Material supplied by the Licensor and any backup or archival
    copies of the Software or Materials;
  3. any licence keys for Software licensed to the Licensee will be immediately
    deactivated and destroyed by the Licensor; and
  4. nothing herein shall be construed to release either party from any obligation that
    arose prior to the effective date of such termination.
5. 4.5 Clauses 5.5, 7, 8, 9 and 10 of this Agreement will
  survive the termination of this Agreement.
MULTI SITE FUNCTIONALITY
1. 5.1 The Software permits the Licensee to manage multiple installations of the BackupAssist
  Software (“BackupAssist”) which are used by the Licensee.
2. 5.2 In order to remotely manage a BackupAssist installation, the Licensee, in respect of
  that installation (“Active Client”):
  1. must be running BackupAssist v8 or a later version of the Software;
  2. must have designated that Active Client, or a different Active Client, to act as a
    Site Controller (for more information on the Site Controller functionality, please
    visit www.backupassist.com); and
  3. together with the purchase of the licence to use BackupAssist, the Licensee must
    have purchased a “BackupCare” or “Upgrade Protection” subscription from the Licensor
    (“Support Subscription”) for the Active Client. If the Support
    Subscription for a Site Controller or Active Client expires, then the Licensor may
    in its discretion, limit the ability or functionality of the Software to remotely
    manage that particular Site Controller or Active Client.
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3. 5.3 The Software will communicate with each Site Controller operated by the Licensee, which
  will in turn allow the Software to remotely manage each Active Client. The actual
  functionality offered by the Software (including in relation to remotely managing Active
  Clients) will be as specified by the Licensor from time to time.
4. 5.4 If a Subscription Licence is purchased for the Software, and if that Subscription
  Licence expires and is not renewed, then the remote management functionality of the Software
  may be disabled or limited by the Licensor until such time as a new licence is purchased, or
  a renewal of the Subscription Licence occurs. The Licensor may permit backups to continue to
  be stored by the Software which are received from Active Clients.
5. 5.5 The Licensee acknowledges and agrees that in using the Software, and by allowing the
  Software to interoperate with an Active Client or Site Controller, that:
  1. data may be transferred over the internet or other network between the Software each
    Active Client and each Site Controller;
  2. the transfer of data may not be secure;
  3. allowing that transfer of data may open up communication ports on the Licensed
    System or an Active Client or Site Controller which may not be secure, and which may
    result in the security of their Licensed System, and computer systems generally,
    being compromised; and
  4. the Licensee is at all times responsible for its own software security and the
    security of its data. The Licensor is not liable or responsible for protecting the
    security of the data transferred, the Licensed System, the Licensee’s computer
    systems and applications generally, any Site Controller or Active Client, or for any
    loss, cost, expense or damage suffered by the Licensee as a result of any
    unauthorised access or use of any of the forgoing.
UPDATES, UPGRADES AND SUPPORT
1. 6.1 Subject to clause 6.2, the Licensor is under no obligation to provide
  updates, upgrades or new releases for the Software (“Upgrades”) or software
  maintenance and support for the Software (“Support”).
2. 6.2 The Licensor will only provide Upgrades and Support to the Licensee, if the Licensee has
  purchased the right to receive Upgrades and Support from the Licensor, which may include,
  without limitation, via the purchase of a Support Subscription. If the Licensee does
  purchase Upgrades and/or Support from the Licensor, then the terms of providing those
  Upgrades and Support will be separately specified by the Licensor or its resellers at the
  time of purchase.
3. 6.3 This Agreement will, unless specified by the Licensor to the contrary in writing, apply
  to all Upgrades supplied by the Licensor to the Licensee (and a reference to the “Software”
  will be deemed to include a reference to each Upgrade which the Licensor supplies to the
  Licensee).
LIMITATION AND IMPLIED TERMS
1. 7.1 The Licensee acknowledges that the Licensor has made no warranties that the Software is
  error free or will operate on the Licensed System.
2. 7.2 The Licensee acknowledges that the Licensor has not made and will not make any express
  or implied warranties in relation to the Software or any other goods or services provided by
  the Licensor under this Agreement, other than those warranties expressly contained in this
  Agreement. Subject to clauses 7.5 or 7.6, any term that
  would be implied into this Agreement, including without limitation any condition or
  warranty, is hereby excluded.
3. 7.3 Subject to clauses 7.5 or 7.6, the Licensee agrees
  that the Licensor will not be liable in respect of any claim by the Licensee (whether
  contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect
  or consequential damages or injury including, but not limited to, any loss of profits,
  contracts, revenue or data arising out of or in connection with the provision of the
  Software or the provision of any other goods or services under this Agreement and whether as
  a result of any breach or default, by the Licensor.
4. 7.4 The maximum liability of the Licensor under this Agreement for any and all breaches of
  this Agreement, and for any negligence in relation to this Agreement, will not exceed the
  lesser of:
  1. the purchase price paid for the Software by the Licensee; or
  2. AUD $10
5. 7.5 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to
  this Agreement and permits the limitation of liability for breach of warranty implied by
  statute, the liability of the Licensor is limited, at the option of the Licensor, to:
  1. in the case of goods, any one or more of the following:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent
      goods; or
    4. the payment of the cost of having the goods repaired; and
  2. in the case of services:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.
6. 7.6 Any of the terms and conditions of this Agreement which limit or exclude any term,
  condition or warranty, express or implied, or the liability of the Licensor will apply to
  the extent permitted by law and will not be construed as excluding, qualifying or limiting
  the Licensee’s statutory rights or remedies arising by virtue of the breach of any implied
  term of this Agreement where such exclusion, qualification or limitation would be prohibited
  by legislation.
7. 7.7 The Licensor provides the following notice as required by the Australian Consumer Law
  (which may apply to the Licensee if the Licensee is a “consumer” under the Competition and
  Consumer Act 2010):
  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
  You are entitled to a replacement or refund for a major failure and compensation for any
  other reasonably foreseeable loss or damage. You are also entitled to have the goods
  repaired or replaced if the goods fail to be of acceptable quality and the failure does not
  amount to a major failure.
8. 7.8 The Licensee indemnifies the Licensor, its agents, officers and employees against any
  loss, cost, expense or damage (including legal costs on a full indemnity basis) which is
  suffered or incurred by the Licensor, its agents, officers or employees as a direct or
  indirect result of:
  1. any breach of this Agreement by the Licensee; or
  2. any action, claim, demand or proceedings instituted against the Licensor as a result
    of the use of the Software by the Licensee
INTELLECTUAL PROPERTY AND DISASSEMBLY
1. 8.1 The Licensor retains ownership of the Software and Material and all rights in copyright,
  moral rights, inventions (including patents), trademarks, designs, circuit layouts (whether
  or not registered or registrable) which subsist in the Software and Material at all times.
  Apart from the Licence granted herein, all such rights are reserved by the Licensor.
2. 8.2 The Licensee agrees that it will use the same degree of effort that it uses to protect
  its own proprietary information to maintain possession and confidentiality of the Software
  and Material, and to protect the copyrights, and all related technical information, data and
  materials supplied to the Licensee by the Licensor.
3. 8.3 Subject to the Licensee’s rights arising under the Copyright Act 1968 (Cth), the
  Licensee will not modify, disassemble or reverse engineer the Software in any way without
  receiving written permission from the Licensor to do so.
EXPORT LAWS
1. 9.1 The Licensor, its employees and its agents may be subject to export control laws of
  Australia, the United States or other jurisdictions that prohibit or restrict transactions
  with certain parties, and the type and level of technologies and services that may be
  exported (“Export Laws”). The Licensee agrees to comply fully with all such
  laws and regulations of Australia, the United States and other countries to assure that
  neither the Software, nor any direct products thereof are exported, directly or indirectly,
  in violation of Export Laws, or are used for any purpose prohibited by Export Laws,
  including, without limitation, nuclear, chemical, or biological weapons proliferation.
2. 9.2 The Software nor underlying information or technology may be downloaded or otherwise
  exported or re-exported into (or to a national or resident of) Cuba, North Korea, Iran,
  Sudan, Syria or any other country to which Australia or the United States has embargoed
  goods; or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals
  or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List,
  Non-proliferation Sanctions or General Orders, or similar lists or orders in Australia or
  other jurisdictions. By downloading or using the Software, the Licensee is agreeing to the
  foregoing and it is representing and warranting that it is not located in, under the control
  of, or a national or resident of any such country or on any such list, and that it
  acknowledges that it is responsible to obtain any necessary Australian or United States
  government authorisation to ensure compliance with such laws.
COMPLIANCE WITH THIRD PARTY LICENCES
1. 10.1 The Software incorporates components licensed to the Licensor by third parties, which
  may be subject to their own End User Licence Agreements (“Third Party
  Licences”).
2. 10.2 The Licensee agrees that the use of the Software, in addition to this Agreement, will
  be governed by any terms and conditions specified by any Third Party Licence that applies to
  the Software, including but not limited to those appended to this Agreement.
3. 10.3 The Licensee agrees to be bound by and observe all terms and conditions of any Third
  Party Licence and acknowledges that any breach of a Third Party Licence will entitle the
  Licensor to terminate the Licence and exercise its rights under clause 4.
AMENDING THIS AGREEMENT
1. 11.1 The Licensor may amend any of the terms of this Agreement by providing written notice
  to the Licensee of such amendments and/or displaying such amendments or an amended copy of
  this Agreement to the Licensee during its installation and/or execution of the Software.
  Without limiting the methods by which the Licensee may accept such amended terms, the
  Licensee acknowledges and agrees that its ongoing use of the Software after it is made aware
  of any amended terms to this Agreement will constitute its acceptance of such amended terms.
2. 11.2 If the Licensee does not agree to any amendments made by the Licensor to the terms of
  this Agreement, then the Licensee must uninstall the Software from its Licensed System and
  cease any further use of the Software. In such circumstances, the Licensee may also contact
  the Licensor to determine if it is eligible for a refund or partial refund of any purchase
  price paid to the Licensor in respect of the Software (subject to any conditions which the
  Licensor may place in respect of paying such a refund).
MISCELLANEOUS
1. 1. 12.1 In the interpretation of this Agreement, unless the contrary intention appears:
    1. a reference to this Agreement means a reference to an agreement between the
      Licensor and the Licensee on the terms and conditions of this document and includes
      an amendment or supplement to, or replacement or novation of this Agreement;
    2. a reference to a person includes a reference to a corporation, firm, association or
      other entity, and vice versa;
    3. the singular includes the plural and vice versa;
    4. a reference to any gender includes a reference to all other genders;
    5. a reference to any legislation or to any provision of any legislation includes a
      reference to any modification or re-enactment of or any provisions substituted for
      such legislation or provisions;
    6. an agreement, representation or warranty made by two or more persons is made by
      them jointly and by each of them severally;
    7. where an expression is defined, another part of speech or grammatical form of that
      expression has a corresponding meaning; and
    8. headings are inserted for convenience only and do not affect the interpretation of
      this Agreement.
  2. 12.2 Unless otherwise requested in writing by the Licensee, the Licensor may use the
    Licensee’s corporate identity (if applicable) as part of promoting the Software in the
    market place.
12.3 This Agreement supersedes all prior representations, arrangements, understandings and
agreements between the parties relating to the subject matter of this Agreement and sets forth
the entire and exclusive agreement and understanding between the parties relating to the subject
matter of this Agreement.
1. 12.4 A provision of or a right created under this Agreement may not be waived except in
  writing signed by the party or parties to be bound by the waiver. No single or partial
  exercise by any party of any right, power or remedy under this Agreement will preclude any
  other or further exercise of that or any other right, power or remedy. The rights, powers or
  remedies provided in this Agreement are cumulative with and not exclusive of any rights,
  powers or remedies provided independently of this Agreement.
2. 12.5 If any provision of this Agreement is judged invalid or unenforceable for any reason
  whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless
  deletion of such provision would materially adversely affect one of the parties) will not
  affect the operation or interpretation of any other provision of this Agreement to the
  intent that the invalid or unenforceable provision will be treated as severed from this
  Agreement.
3. 12.6 The Licensor may assign, novate or otherwise transfer its rights and obligations that
  arise under this Agreement. The Licensee may not assign its rights or obligations that arise
  under this Agreement without the prior written consent of the Licensor (which may be
  withheld).
4. 12.7 Each provision of this Agreement capable of having effect after termination and each
  representation and warranty made in this Agreement will survive the execution, delivery and
  termination of this Agreement and the performance of all obligations under this Agreement
  and will not merge on termination.
5. 12.8 The parties acknowledge and agree that no rule of construction applies to the
  disadvantage of a party because that party was responsible for the preparation of this
  Agreement or part of it.
6. 12.9 This Agreement is governed by, and must be construed in accordance with, the laws of
  the State of Victoria Australia and the parties irrevocably submit to the exclusive
  jurisdiction of the courts of the State of Victoria, Australia.

MultiSite Manager is also distributed with several self-contained utilities which are licensed under
different terms and conditions. In compliance with distribution requirements, each utility and its
license are detailed as follows.

ServiceStack is licensed under the following license

Redistribution and use in source and binary forms, with or without modification, are permitted provided
that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and
the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions
and the following disclaimer in the documentation and/or other materials provided with the
distribution.
Neither the name of the ServiceStack nor the names of its contributors may be used to endorse or
promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

jQuery by the jQuery Foundation is licensed under the MIT License

The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the “Software”), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

The above copyright notice and

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT OLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Font Awesome CSS library by Dave Gandy is licensed under the MIT License

The MIT License (MIT)

The above copyright notice and this permission notice shall be included in all copies or substantial
portions of the Software.

Bootstrap by @mdo and @fat is licensed under the Apache License v2.0

Licensed under the Apache License, Version 2.0 (the “License”);
you may not use this file except in compliance with the License.
You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

BackupAssist MultiSite Manager End User License Agreement

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