License Agreement for the Use of Rapidshare Manager

Please read this License Agreement carefully. It contains important information about your rights and obligations.

1. Description and Services of Rapidshare Manager

1.1
RapidShare Manager (“Software”) consists of four tools: E-Mail-System, File Management
System, Up- and Download Manager and Settings.
1.2 E-Mail-System
1.2.1
The Software’s e-mail-system enables you to transfer files from your computer to an unlimited
number of computers of other people by using the RapidShare platform. You can upload any file
from your computer to the RapidShare platform where these files are stored without being
accessible to third parties. In order to transfer a file which has been uploaded to the RapidShare
platform to other users you have the option to send a link to the addressees’ e-mail-accounts. After
receipt of such a link the addressee may download the file by clicking on this link. Each file which
has been uploaded to the RapidShare platform cannot be accessed by third parties without having
received the corresponding download-link from you enabling them to download it. The RapidShare
E-Mail-System also enables you to track who of the addressees has downloaded your files.
1.2.2
Furthermore, the RapidShare e-mail-system enables you to import any and all contacts of your
Microsoft Outlook System and thereby provides you with easy means to send files to an unlimited
number of addressees you.
1.3 File Management System
1.3.1
The File Management System of the Software enables you to administrate any and all of your files.
You can also delete, rename, overwrite or move data to another folder.
1.3.2
You understand and agree that any and all files you upload to the RapidShare platform
server will be deleted ninety (90) days after the upload if the file has not been downloaded by
a third party during that period.
1.4 Up- and Download Manager
The Software includes an Up- and Download Manager which provides you with a reporting system
indicating the respective status of up- and downloads. Besides, the Up- and Download Manager
contains a Remote-Upload feature which enables you to directly drag specific internet content to the
RapidShare server and to send a download-link to other user’s email-accounts as described in
section 1.2.1 above.
1.5 Settings
The Settings feature enables you to individually administer and manage the tools and features of the
Software described above.

2. Scope of License and Restrictions of Use

2.1
RapidShare grants you a limited non-exclusive royalty free license to download the Software from
the RapidShare’s website located at www.rapidshare.com and to store it on your own computers,
notebooks and mobile devices. You are not allowed to store the Software on computers, notebooks
or mobile devices of third parties nor to distribute or make available the Software over a network, in
particular the Internet, where it could be used on more that one single device for commercial
purposes without the prior written consent of RapidShare.
2.2
RapidShare grants you a non-exclusive, non-transferable license to use the Software in object code,
including where appropriate or necessary Third Party Software in accordance with the terms and
conditions of this License Agreement.
2.3
You may make one backup copy of the Software and daily back ups where necessary. By storing the
Software on your computer, notebook or mobile devices you make digital copies of it. You are
allowed to copy the Software in order to make use of its features in accordance with the terms and
conditions set forth in this License Agreement, but you may not make copies of the Software for
other purposes except for reasonable security or backup purposes as described herein.
2.4
Any transfer of the Software to a computer or other digital device for commercial purposes other
than your own computers, notebooks or mobile devices requires the prior written consent of
RapidShare and may be subject to a license fee.
2.5
You may neither by yourself nor by others copy, decompile, reverse engineer, disassemble or
attempt to derive the source code of, decrypt, modify, or create derivative works of the Software
except where explicitly allowed by mandatory law. You warrant that the Software and all copies
thereof will remain under your control and that you will take all reasonable precautions to safeguard
the Software against unauthorized use.
2.6
You warrant that the Software will not be stored on data media such as DVDs which are attached or
enclosed to Computer magazines or similar print media and may thus be used commercially.
2.7
You may not make the Software available on illegal websites, including but not limited to websites
containing defamatory, misleading, obscene, libelous, pornographic or racist content. Furthermore
you may not make the Software available on your own website for commercial purposes, in
particular by asking for license fees in return.
2.8
You warrant that you will not make any commercial use of the Software without the prior written
consent of RapidShare.
2.9
Subject to the terms and conditions of this License Agreement you may download Updates of the
Software from the RapidShare website located at www.rapidshare.com to update and restore the
Software on your own computer. You are not allowed to update or restore the Software which is
stored on computers or other digital devices of third parties.

3. Undertakings and Indemnification

3.1
When using the Software you agree to use it in accordance with RapidShare’s Conditions of Use as
published under www.rapidshare.com/agb.html. You may not to use it to defame, harass, abuse,
threaten, stalk or otherwise infringe or violate the rights of any other third party or to send illegal
messages or upload other illegal content, data, information, applications or materials onto the
RapidShare platform. You further agree not to upload, display, include or make otherwise available
illegal content, data, information, applications or materials by using the Software and not to upload
or transfer content, data, information, applications or material which belongs to third parties and
which is the sole and complete property of those third parties including but not limited to all
Intellectual Property rights or rights which are otherwise protected by law.
3.2
You agree to indemnify and hold harmless RapidShare, its officers, servants and agents against any
costs or expenses including but not limited to the costs of any settlement arising out of any claim,
action, proceeding or demand that may be brought, made or prosecuted against RapidShare arising
out of or as a consequence of an unlawful or negligent act or omission or an infringement of any
third party rights which arise out of or are connected in any way with the use of the Software,
particularly by making the Software available on illegal websites as described in number 2.7 above
or by violating your obligations outlined in number 3.2 above.
3.3
The indemnity extends to and includes all costs, damages and expenses reasonably incurred by
RapidShare in defending any such action, proceeding claim or demands.

4. RapidShare’s Warranties
4.1
RapidShare warrants that it has good title or is otherwise authorized to license the Software to you.
4.2
RapidShare represents and warrants that at the time of delivery of the Software to you it is a
complete, accurate and up-to-date copy of the current release.
4.3
RapidShare represents and warrants that the Software complies with the Specifications outlined in
number one (1) of this License Agreement. In the event of nonconformity RapidShare will at its
discretion supply a new copy of the Software, a corrected version or new release containing all
specifications outlined in number one (1) of this License Agreement.

5. Liability
5.1
RapidShare will indemnify you for damages caused intentionally or by gross negligence by
RapidShare, its vicarious agents or legal representatives.
5.2
RapidShare will indemnify you for direct physical injury or death caused intentionally or by gross
negligence by RapidShare, its vicarious agents or legal representatives.
5.3
Any and all liability under the Product Liability Act remains unaffected.
5.4
RapidShare will not be liable for special, indirect or consequential damages or loss of profits or
arising from loss of data or unfitness for your purposes.
5.5
RapidShare shall not be liable for any damages arising from negligence or otherwise unless you
have established reasonable backup, accuracy checks and precautions to guard against possible
malfunctions, loss of data or unauthorized access, and have taken all reasonable steps to minimize
its loss and have tested the suitability of the Software for the purposes you require.

6. Governing Law and Jurisdiction

This License Agreement shall be governed by and construed in accordance with German law.
This License Agreement shall not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly excluded. Any and all disputes
arising out of or in connection with this License Agreement shall be submitted to the Courts of
Frankfurt am Main, Germany.