TERMS OF USE

FileBrain hereby grants to you a non-transferable license to use the Service. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Service). Any attempt to do so is a violation of the rights of the FileBrain. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by FileBrain that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case these terms will govern.

The Service contains content owned or licensed by FileBrain ("FileBrain Content"). FileBrain Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and FileBrain, FileBrain owns and retains all rights in the FileBrain Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the FileBrain Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FileBrain Content.

The FileBrain name and logo are trademarks of FileBrain, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FileBrain. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of FileBrain, and may not be copied, imitated or used, in whole or in part, without prior written permission from FileBrain.

The Service, including, without limitation, FileBrain Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither FileBrain nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the "FileBrain Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the FileBrain Content; (c) user content; or (d) security associated with the transmission of information to FileBrain or via the Service. In addition, the FileBrain Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The FileBrain Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The FileBrain Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful.

Although it is the intention of FileBrain for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You acknowledge that your use of the Service is at your sole risk. The FileBrain Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the FileBrain Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms.

By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

To the extent not prohibited by law, in no event shall the FileBrain Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

• the Service;
• the FileBrain Content;
• user content;
• your use of, inability to use, or the performance of the Service;
• any action taken in connection with an investigation by the FileBrain Parties or law enforcement authorities regarding your or any other party's use of the Service;
• any action taken in connection with copyright or other intellectual property owners;
• any errors or omissions in the service's operation; or
• any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the FileBrain Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).

In no event will the FileBrain Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the FileBrain Parties total liability to you for all damages, losses or causes or action exceed the amount of € EUR 10. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree that in the event you incur any damages, losses or injuries that arise out of acts of FileBrain or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the FileBrain Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the FileBrain Parties.

FileBrain is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

You agree that any claim you may have arising out of or related to your relationship with FileBrain must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

You agree to defend (at the request of FileBrain), indemnify and hold the FileBrain Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

• your access to or use of the Service;
• your breach or alleged breach of these Terms;
• your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
• your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
• any misrepresentation made by you.

You will cooperate as fully required by FileBrain in the defense of any claim. FileBrain reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of FileBrain.

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FileBrain to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that FileBrain provides.

No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time.

Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service.

The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

These Terms are also applicable to upgrades or updates of the Service which replace and/or supplement the Service, unless this update or upgrade is accompanied with Updated Terms.

By using the Service, you agree that the Service may undergo upgrades and/or updates, so that FileBrain can improve, expand and develop the Service.

These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of The Netherlands.

All disputes between you and FileBrain (whether or not such dispute involves a third party) with regard to your relationship with FileBrain, shall be submitted exclusively to the competent court of law in Amsterdam, the Netherlands, without prejudice to the right of FileBrain as plaintiff to initiate proceedings before any other court having jurisdiction.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.