Better AutoBackup End User License Agreement

The Software is provided free of charge. There is no purchase price, license fee, subscription, trial period, or registration requirement, and Clinic Networking does not condition your use of the Software on buying anything else from us. Nothing in this Agreement obligates Clinic Networking to provide support, maintenance, updates, or new versions of the Software; updates that Clinic Networking does publish are delivered as described in Section 6.

Clinic Networking grants you a non-exclusive, worldwide, royalty-free, revocable license to install and use the Software on any number of computers you own or control, for any lawful purpose, personal or commercial.

You may also copy and redistribute the Software, provided you distribute the complete, unmodified installer exactly as Clinic Networking published it, you do not charge a fee for the Software itself, and you do not remove or alter any notice, branding, or license term that accompanies it. All rights not expressly granted are reserved by Clinic Networking.

You may not: (a) reverse engineer, decompile, or disassemble the Software, except to the extent applicable law expressly permits despite this limitation; (b) modify the Software or create derivative works from it; (c) sell, rent, lease, or sublicense the Software, or distribute it as part of a paid product or service without our prior written permission; (d) remove or alter any proprietary notices on the Software; or (e) use the Software in any manner that violates applicable law.

The Software is licensed, not sold. Clinic Networking and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. Giving the Software away does not place it in the public domain.

The Software runs on your computers. It reads the folders you configure as sources, writes copies to the destinations you configure, and keeps its own records (its settings, a list of what it has copied, and its logs) on the computer it runs on. It does not send your files, their names, your settings, its logs, or any other information about your business, your patients, or your computer to Clinic Networking or to anyone else. It collects no usage statistics and sends no error reports. The Software contains no remote-access or remote-control capability, and Clinic Networking cannot view or retrieve your data through it.

The Software makes only two kinds of outbound connection, both over HTTPS.

First, while automatic updates are turned on, it periodically requests Clinic Networking’s published release information and, when a newer version is available, the installer for it, as described in Section 6.

Second, if you enter the address of a shared profile catalog in the Software’s settings, it retrieves that catalog in the background when it starts. No catalog address is set unless you set one and leaving it blank means no such request is made. Neither request carries any information about you, your computer, or your files beyond what every web request carries: the network address it comes from and the address being requested.

The installer’s one-time download of the Microsoft .NET runtime is described in Section 8.

A backup profile in effect on your computer, or a post-backup action you configure, may direct the Software to write a status value into a file you designate, such as the date of the last successful backup into an application’s settings file, and may direct it to run a program of your choosing. Any such program is yours, and its behavior is your responsibility. You are responsible for configuring and operating the Software in compliance with your own legal and regulatory obligations, including any obligations under HIPAA or other privacy laws, and for securing the destinations you copy data to.

Automatic updates are turned on by default. While they are on, the Software checks Clinic Networking’s release server for new versions about once an hour and, when a newer version has been published, downloads and installs it in the background, without prompting you each time. Updates are installed by the scheduled task the installer creates, which runs with system privileges; an update is never installed while a backup is running, and installing one never restarts your computer. Every update is cryptographically signed by Clinic Networking, and the Software will not install one whose signature does not check out.

An update may add, change, or remove features, and may include fixes and security patches. By installing and using the Software, you consent to this automatic update behavior. You may turn automatic updates off in the Software’s settings; if you do, the Software makes no update requests at all, you are responsible for keeping it current, and some features or fixes will not reach you. Your continued use of the Software after an update is applied constitutes acceptance of the updated Software under this Agreement.

This section is the important one, so it is in plain language. The Software is a file-copying tool. It is not a complete backup or disaster-recovery plan, and using it does not make you compliant with any law, regulation, contract, or insurance requirement. The Software copies to destinations you choose, which are typically drives in your own building. It does not encrypt your data, it does not store anything offsite, it does not keep historical versions beyond the daily folders it writes to a rotating external drive, and it has no restore function.

Restoring means copying files back yourself.

You are responsible for verifying that your backups are complete and that you can actually restore from them. Test a restore. Do it again periodically. A backup nobody has ever restored from is not yet known to work, whatever software produced it, including ours.

The Software runs on the Microsoft .NET Runtime and includes third-party components that are subject to their own license terms, available from their respective providers. The installer may download and install the Microsoft .NET Desktop Runtime from Microsoft if it is not already present on your computer; that component is licensed to you by Microsoft under its own terms.

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLINIC NETWORKING DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT IT WILL COPY ANY PARTICULAR FILE, THAT ANY COPY IT PRODUCES WILL BE COMPLETE OR USABLE, OR THAT ANY DATA CAN BE RECOVERED FROM IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINIC NETWORKING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE SOFTWARE IS PROVIDED AT NO CHARGE, CLINIC NETWORKING’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

If Clinic Networking manages your systems under a separate written agreement, that agreement governs the services we provide, including anything we do to install, configure, monitor, or support the Software on your behalf. This Agreement governs only the Software itself as licensed to you at no charge, and it does not expand or reduce our obligations under that separate agreement.

This Agreement is effective until terminated. It terminates automatically if you breach it. On termination, you must stop using the Software and remove it from your computers. Copies the Software has already written to your destinations are your files and remain yours. Sections 4 through 10, 13, and 14 survive termination.

This Agreement is governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of this Agreement will be the state or federal courts located in Oklahoma.

This Agreement is the entire agreement between you and Clinic Networking regarding the Software and supersedes any prior agreement on this subject. Clinic Networking may publish an updated Agreement for future versions of the Software; the version of this Agreement presented with the Software you install governs your use of that version.

A version installed automatically under Section 6 remains governed by the Agreement you accepted; an updated Agreement applies to you only once it has been presented to you and you have accepted it.