Gigabank software End-user license Agreement
1.1	This software End User Licence Agreement (“EULA”) lays down the legally binding conditions for using the software provided by FAST in connection with its Gigabank service, including any software provided by third parties in connection with said Gigabank service (jointly referred to hereinafter as “Gigabank software”). When you consent to the terms and conditions set forth in this EULA, an agreement on using the Gigabank software has been entered between yourself and FAST LTA AG based at Rüdesheimer Str. 11, 80686 Munich (referred to hereinafter as “FAST”). You are under obligation to comply with this EULA and not to breach it.

1.2	FAST reserves the right to amend the EULA from time to time. The customer will be notified about amendments to the EULA. If the customer disagrees with the respective amendments, he shall be under the obligation to cease using the Gigabank software before the amendments come into force. If he continues to use the Gigabank software thereafter, then the customer agrees to the amended EULA on the strength of the intent implied by its conduct.

2. use of the Gigabank software
2.1	You may use the Gigabank software exclusively for the purpose of and in the context of the Gigabank service.

2.2	Moreover, you may use the Gigabank ssoftwareoftware exclusively for private, i.e. non-commercial purposes. That means that you may indeed use the Gigabank software not only at home but also in other places (e.g. at your workplace). However, if you are intending to sell the Gigabank software or parts thereof, or if you want to alter the Gigabank software or copy it (subject to the provisions stipulated below), or grant usage rights to third parties or make derivatives from the Gigabank software (altogether referred to hereinafter as “commercial use”), then you need the express permission from FAST. If this is the case, please contact us at info@fast-lta.com specifying the intended commercial use in the closest detail possible.

2.3	You may not use the Gigabank software in such a manner that the services offered by FAST, in particular the Gigabank service, might be impaired, impeded, overloaded or damaged. 

2.4	Under this agreement, FAST allows you to install the Gigabank software on your computers. FAST allows you to make one backup copy for each copy of the Gigabank software, which may only be used for purely private purposes. If you make copies, you are under obligation to likewise copy and affix in their entirety all the copyright notices and other indications of title and allocation. 

2.5	You are not entitled to process, translate or decompile the Gigabank software, to make derivatives thereof, to apply reverse engineering methods, or to attempt to obtain the source-code out of the software. Moreover you are not entitled to remove, conceal or alter copyright notices referring to FAST or to a third-party company, or any references to trademarks or other indications of existing rights that are affixed in or in connection with the Gigabank software.

2.6	FAST will endeavour to keep up the Gigabank software and to provide you from time to time with updates for the Gigabank software. However, it is under no obligation to do so. Nor is FAST under any obligation to provide update or support services.

2.7	If you have any comments on the Gigabank software or any suggestions for improvements to it, please send them to us at info@fast-lta.com. Please note that in doing so you at the same time grant FAST and third parties permission to use your ideas and comments for the Gigabank software or for some other software, as the case may be, free of charge.

3. compliance with the law
3.1	No files with illegal or third-party content are allowed. When using the Website and the Gigabank service, the customer is under obligation to abide by the laws of the Federal Republic of Germany and not to infringe any third-party rights. The customer bears sole responsibility for the content of the files it provides. In particular, only that content may be uploaded or transmitted in respect of which the customer has the rights required in order to do so (in particular copyrights and ancillary copyrights). The customer may thus only send content for long-term archiving which exclusively originates from the customer itself, or which has been put at its free disposal, including usage for the Gigabank service. In addition, the customer may not transmit any files for storage that have illegal content, e.g. files glorifying violence or containing pornography.

3.2	You are also prohibited from inciting or otherwise encouraging third parties to do any of the acts specified above. In the event of any violation of the above provisions, FAST shall be entitled to terminate this EULA without notice, and it will take appropriate legal action.

4. rights in the Gigabank software
FAST and FAST’s group companies, branches and/or partner companies are entitled to all the rights in the Gigabank software, including the individual software components and other materials contained therein (excluding files put in storage by the customer) that are made available through or in connection with the Gigabank software.

5. guarantee
5.1	The Gigabank software and any third-party software put at your disposal in connection with the Gigabank service is provided to you solely in the respective form available in each case.

5.2	Subject to any deviating provisions in section 6 below, FAST or any third parties who have contributed to the Gigabank software do not guarantee that the Gigabank software is free of defects, or is suitable for a certain purpose, or does not infringe third-party rights, or that the Gigabank software or other software provided in connection with Gigabank is safe or reliable or meets given performance requirements.

5.3	You are solely responsibility for the use of the Gigabank software and any other software provided in connection with the Gigabank service.

5.4	Subject to the provisions stipulated in the following section 6 of this agreement, FAST is not liable for any damage to your computers or for any loss of data due to the downloading and/or usage of the Gigabank software. Loss of data/files stored in the long-term Gigabank archive, whose storage has been confirmed by FAST in writing, is expressly excluded here. It is the customer's responsability to download these account statements.

6. LIMITATION OF LIABILITY
6.1	FAST is only liable in the event that FAST or FAST’s vicarious agents and/or statutory representatives acted gross negligently or with wilful misconduct. This does not apply insofar as cardinal duties are breached by FAST or FAST’s vicarious agents and/or statutory representatives. Cardinal duties shall be understood to mean those duties which by the very meaning and purpose of the contract are owed to the contractual partner, or performance of which is a prerequisite for due implementation of the contract in the first place and on which the contractual partner could reasonably rely on.

6.2	Liability on FAST’s part that is irrespective of fault and prescribed by law – in particular liability under the German Product Liability Act (Produkthaftungsgesetz) and statutory liability under a guarantee – remain unaffected by the above limitations of liability. The same applies to FAST’s liability in the event of any injury to life or limb or any health damage being culpably caused to a customer.

6.3	Subject to divergent provisions in the limitations of liability listed above, FAST is not liable to the effect that the Gigabank software is fit for use or a specific purposes intended by the customer, or does not infringe third-party rights, nor is it liable to the effect that the Gigabank software or other software provided in connection with the Gigabank service is safe or reliable or meets certain performance requirements.

6.4	The above sections 6.1 – 6.3 cover all and any contractual and statutory claims which might derive from the use of the Gigabank software and/or the Gigabank service. If any files are lost that are stored in the long-term Gigabank archive and FAST has confirmed such storage in writing, then FAST shall refund one hundred times the storage costs incurred. The figure will be rounded up in 1 GB steps. For the purpose of refund, all written confirmation letters (account statements) regarding the customer’s storage transactions have to be submitted.

6.5	In all other cases, FAST’s liability is excluded. 

7. rights in stored files
	Subject to the provisions in section 6 above, FAST is not liable for errors, damage or lost data resulting from transmission using the Gigabank software. The same applies with regard to damage caused due to your files that are illegal, offensive, indecent or undesirable, or that are infringing copyrights or other rights.

8. release & discharge
8.1	We have already drawn your attention to the fact that you are solely responsible for ascertaining whether copyrights or other rights are needed for using photographs, pictures or other files, and similarly that you are solely responsible for obtaining such rights insofar as is required. If for instance you want to copy, circulate or process material of which you are not the author, you are under the obligation to obtain beforehand the rights required for doing so, or the consent of the respective proprietor of the rights.

8.2	You are therefore under the obligation to indemnify FAST and FAST’s group companies, branches and/or partner companies and their respective statutory representatives and employees against all and any third-party claims resulting from a culpable violation of Section 2 and/or Section 3 of the EULA.

9. data protection
In order for you to be able to use the Gigabank software, we need certain personal identifiable information (PII) from you. In particular, you have to give your email address. If you decide to sign a paid plan, FAST also needs your full name and your address. FAST will ask for your permission before collecting any other PII, and will give you an opportunity to withdraw the future collection of further PII. If you want to inform yourself how FAST handles PII, please read FAST’s data protection rules at http://www.gigabank.de/datenschutz and the FAQ on Gigabank available at http://www.gigabank.de/faq.

10. accessing other websites and services from the Gigabank website 
When you call up other websites or servers from the Gigabank website or use the Gigabank software, your computer sends standardised log information – including your IP address – to the provider of the website accessed. When you use the Gigabank website or the Gigabank software to access a website requiring a login, you can instruct Gigabank and/or FAST to store an encrypted copy of your login information on your computer.

Please note however that FAST does not assume any responsibility for third-party websites which you access via the Gigabank website or using the Gigabank software.

11. termination
If you want to terminate this Agreement, you can simply cease using the Gigabank software and deinstall the software. To do this, please follow the relevant instructions on deinstallation, or immediately terminate the installation process.

12. miscellaneous 
12.1	Even without your permission, FAST is entitled to assign all or part of this EULA to a successor in title or to any other third party. 

12.2	This EULA shall be governed by the substantive laws (but not the conflict-of-laws rules) of the Federal Republic of Germany, excluding CISG.

12.3	It is agreed that Munich shall be place of jurisdiction if the customer is a merchant within the meaning of the German Commercial Code (BGB) or an individual not domiciled in Germany, or if the customer has moved his place of residence abroad after this EULA took effect, or if the customer’s place of residence or normal place of abode are unknown at the time when legal action is filed.

12.4	If any provision of this EULA is for any reason held to be invalid, such invalidity shall not affect the other terms of this EULA. The invalid provision shall be replaced by an alternative clause which as closely as possible reflects the apparent or presumable intent of the parties considering their business interests.

Rev.: november 2007