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BackWave Free-Use License Agreement

Version 1.0 — Effective July 1, 2026

BY DOWNLOADING, INSTALLING, REFERENCING, OR OTHERWISE USING THE SOFTWARE, YOU — ON YOUR OWN BEHALF AND ON BEHALF OF THE ORGANIZATION FOR WHICH YOU ACT — AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, REFERENCE, OR USE THE SOFTWARE.

This BackWave Free-Use License Agreement (this "Agreement") is between DeVito Digital Solutions LLC, a Delaware limited liability company ("Licensor"), and the individual or entity exercising rights under it ("You"). If you use the Software on behalf of an organization, "You" means that organization, and you represent and warrant that you have the authority to bind that organization to this Agreement.

This Agreement governs the base BackWave packages — the BackWave, BackWave.Hosting, BackWave.Postgres, BackWave.SqlServer, BackWave.Sqlite, BackWave.EntityFrameworkCore, BackWave.Testing, and BackWave.Dashboard NuGet packages, together with their associated documentation and any updates Licensor makes available (collectively, the "Software"). The separate BackWave.Pro.* packages are not licensed under this Agreement; they are governed by the BackWave Pro Commercial License Agreement.

1. Definitions

  • "Application" means a software application or service that You develop, own, or operate,

into which the Software is incorporated as a component.

2. License Grant

Subject to Your compliance with this Agreement, Licensor grants You a worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable (except as expressly stated in this Section 2) license to:

  1. install and use the Software, in the binary form in which Licensor distributes it, for any

purpose — commercial or non-commercial — with no fee and with no limit on the size, revenue, or nature of Your organization;

  1. incorporate the Software as a component of Your Applications, deploy and run those

Applications on infrastructure operated by or for You (including third-party cloud hosting You administer), and make those Applications available to Your customers and end users, in any number of deployments; and

  1. distribute the Software solely as an embedded component of Your Applications, and permit end

users of Your Applications to use the Software as part of those Applications, provided You make each such Application available under terms that protect the Software at least as much as this Agreement does (including prohibiting reverse engineering of, and standalone use of, the Software).

The Software is free to use for everyone, forever. This grant is not time-limited and is not gated by revenue or organization size.

3. Restrictions

Except as expressly permitted in Section 2, You shall not, and shall not permit any third party to:

  1. distribute, resell, rent, lease, lend, sublicense, or otherwise make the Software available to

any third party except as a non-primary, embedded component of Your Applications — that is, You may ship the Software inside an Application whose primary value is Your own functionality, but You may not redistribute the Software on a standalone basis, as a software development kit, or as a hosting, managed-service, or platform offering whose primary value is the Software itself;

  1. reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code,

except to the limited extent this restriction is prohibited by applicable law;

  1. modify or create derivative works of the Software, other than through the extension points the

Software exposes for that purpose;

  1. remove, obscure, or alter any copyright, trademark, or other proprietary notice in or on the

Software; or

  1. use the Software to build a product or service that competes with the Software — meaning one

offered to third parties whose primary value is the background-job processing, scheduling, or workflow-orchestration functionality the Software provides. Using the Software within Your Applications is not competing merely because those Applications run background jobs.

4. Ownership

The Software is licensed, not sold. Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to You other than as expressly set out in this Agreement. The Software is distributed in binary form only; no source code is provided under this Agreement.

5. No Support

The Software is provided under this Agreement without any obligation of support, maintenance, updates, or upgrades. Community resources and documentation may be available, but Licensor has no duty to provide them. Paid email support is available for paid users of BackWave Pro under the separate BackWave Pro Commercial License Agreement.

6. Feedback

If You provide Licensor with suggestions, bug reports, or other feedback about the Software ("Feedback"), Licensor may use that Feedback for any purpose without restriction or obligation to You, and You grant Licensor a perpetual, irrevocable, worldwide, royalty-free license to do so.

7. Indemnification

You will defend, indemnify, and hold harmless Licensor from and against any third-party claim, and the resulting damages, costs, and reasonable attorneys' fees, arising out of (a) Your Applications, or (b) Your use of the Software in violation of this Agreement.

8. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE SOFTWARE IS PROVIDED FREE OF CHARGE UNDER THIS AGREEMENT, LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SOFTWARE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU, IN WHICH CASE THEY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. High-Risk Activities

The Software is not fault-tolerant and is not designed for use in any environment requiring fail-safe performance in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage. You are solely responsible for any such use.

11. Term and Termination

This Agreement is effective until terminated. It terminates automatically if You breach any of its terms. On termination, You must stop using the Software and destroy all copies in Your possession or control. Sections 3 through 10, and 12, survive termination. Licensor's grant of free use is not revocable at will and remains available to users who comply with this Agreement.

12. General

  • Governing law and venue. This Agreement is governed by the laws of the State of Delaware,

USA, excluding its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. All judicial proceedings arising out of or relating to this Agreement shall be initiated in the state or federal courts sitting in Delaware, and each party irrevocably submits to the jurisdiction and venue of those courts. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT.

  • Export compliance. You will comply with all applicable export and sanctions laws in Your use

of the Software.

  • Assignment. You may not assign this Agreement without Licensor's prior written consent,

except to a successor of all or substantially all of Your business that is not a competitor of Licensor. Licensor may assign this Agreement freely.

  • Notices. Legal notices to Licensor must be in writing and sent by email to

team@backwave.app.

  • Waiver. A party's failure to enforce any provision of this Agreement is not a waiver of its

right to enforce that provision, or any other, later.

  • Severability. If any provision of this Agreement is held unenforceable, the remaining

provisions remain in full force, and the unenforceable provision will be enforced to the maximum extent permitted by law.

  • Entire agreement. This Agreement is the entire agreement between You and Licensor regarding

the Software and supersedes all prior or contemporaneous understandings on that subject.

  • Changes. Licensor may update this Agreement for future versions of the Software. The version

of this Agreement distributed with a given release of the Software governs Your use of that release; a later version never reduces the rights You were granted for releases You already obtained.

Questions about licensing: team@backwave.app · https://backwave.app