End User License Agreement.

Last updated 2026-07-16

1. This agreement

This agreement is between you and Agave Information Solutions, LLC, an Arizona limited liability company ("we", "us"), and covers the Hiberden software: the desktop application, the command-line tool, and the MCP server (together, "the software"). Installing or using the software means you accept it.

2. The trial

You may evaluate the software free for 30 days with every feature enabled, no payment details required. After the trial, a license is required to write new archives.

3. Restore and verify always work

Whether or not you hold a license, and whether or not your trial has ended, the software's restore and verify functions keep working. You can always read your archived data back and check its integrity. Your data is never held hostage to a payment, and this promise survives even if this agreement ends.

4. Your license

When you buy a license, we grant you a perpetual, non-exclusive license to install and use the software for your personal or internal business purposes. One machine may be active per license at a time. You may move the license to another machine by deactivating it on the old one and activating it on the new one.

5. Activation

Your license key is delivered by email and binds to the machine you activate. Keep the key with your records; if you lose it, contact support@hiberden.app and we can resend it to the purchase address.

6. Your data stays yours

The software writes archives in open, documented formats: standard LTFS on tape, ordinary files on disk, NAS, and cloud. Your archives, your catalog, and everything in them are yours. Nothing in this agreement gives us any rights over your content, and nothing about the software requires our involvement to get your data back.

7. What you may not do

Don't redistribute, resell, rent, or sublicense the software or your license key. Don't circumvent or attempt to circumvent license enforcement. Don't reverse engineer the software except to the extent the law expressly permits it despite this term.

8. Ownership

The software is licensed, not sold. We retain all intellectual property rights in the software. Any updates we make available to you are governed by this agreement.

9. Privacy

The software runs on your machine and sends us no telemetry, no analytics, and none of your data. Details are in the Privacy Policy and, for the AI connector, the MCP server privacy policy.

10. No warranty

The software is provided as-is, without warranty of any kind, express or implied, including fitness for a particular purpose. We built Hiberden to verify every copy it writes, and we still tell you what any honest archivist would: no software makes data loss impossible, so keep the copy discipline the product encourages. Some jurisdictions do not allow warranty exclusions; in those places this section applies to the fullest extent permitted.

11. Liability

To the extent permitted by law, our total aggregate liability under this agreement is capped at the amount you paid for your license, and we are not liable for indirect or consequential damages, including lost profits or lost data. Nothing in this agreement takes away rights that mandatory local law gives you.

12. Ending this agreement

If you materially breach this agreement, your license to write new archives with the software ends. Section 3 survives: restore and verify remain available so you can always recover what you archived.

13. Export

You may not use or export the software in violation of applicable export control or sanctions laws.

14. Governing law

This agreement is governed by the laws of the State of Arizona, USA, and disputes belong to the state or federal courts located in Maricopa County, Arizona, unless mandatory law in your home jurisdiction provides otherwise.

15. Contact

Questions about this agreement: support@hiberden.app.

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