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Fix UTF-8.

1 TEAMVIEWER® END-USER LICENSE AGREEMENT
2
3 PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS
4 END USER LICENSE AGREEMENT ("EULA”). This EULA is a legal
5 agreement between you and TeamViewer GmbH (“TEAMVIEWER”) for
6 the licensing and use of the TeamViewer software, which includes
7 TeamViewer, TeamViewer Touch, TeamViewer Manager, TeamViewer
8 Management Console, TeamViewer Portable, TeamViewer MSI Package,
9 TeamViewer for iPad®, iPhone® and Android®, computer software and
10 applications (“SOFTWARE”). This EULA also covers Software,
11 any associated media, printed materials, and “online” or
12 electronic documentation (collectively “PRODUCT”). Future
13 releases of the Product may contain amendments to this EULA.
14
15 BY CLICKING ‘I ACCEPT’ OR DOWNLOADING, OR OTHERWISE USING
16 THE SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND
17 CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS
18 OF THIS EULA, PLEASE IMMEDIATELY RETURN, DELETE OR DESTROY ANY AND
19 ALL COPIES OF THE SOFTWARE YOU MAY HAVE.
20
21 1. LICENSE GRANT. Unless otherwise provided in the applicable
22 Software documentation, TeamViewer grants you, under this EULA, a
23 license to use the Product for an indefinite period of time. The
24 license granted herein is non-exclusive and its scope is dependent
25 on whether you use the Software for personal or commercial use.
26 (i) Private Use of TeamViewer: if your use of the Software is for
27 your private use, you may install the Software on private
28 computers to be used in any one session at any one time; Private
29 Use is use of TeamViewer for purposes that are of no commercial
30 nature and for which you are neither directly nor indirectly paid
31 (for more information see
32 http://www.teamviewer.com/link/?url=569877) (ii) TeamViewer
33 Business: you are allowed to install the Software on one computer
34 and are only allowed to run up to three connections in Remote
35 Control mode or have up to 15 participants in any Meeting on that
36 one computer; (iii) on TeamViewer Premium: you are allowed to
37 install the Software on an unlimited number of computers, out of
38 all of the computers, you are only allowed to run one concurrent
39 session at any time; however from a single computer you are
40 allowed to establish up to 10 connections in Remote control mode
41 or have up to 25 participants in any Meeting; or (iv) TeamViewer
42 Corporate: you are allowed to install the Software on an unlimited
43 number of computers, out of all of the computers, you are only
44 allowed to run three concurrent sessions at any one time; however
45 from a single computer you are allowed to establish up to 15
46 connections in Remote control mode or have up to 25 participants
47 in any Meeting; (v) TeamViewer Professional: The software may be
48 licensed to one specified TeamViewer account. This TeamViewer
49 account is accessed by a "Named User"¹ entering personal user
50 data. After logging in to the TeamViewer account on any computer,
51 the Named User can establish up to 10 connections in Remote
52 Control mode or have up to 25 participants in any Meeting; or
53 (vi) TeamViewer Enterprise: This software package may be licensed
54 to three specified TeamViewer accounts. Each TeamViewer account
55 is accessed by a Named User entering personal user data. After
56 logging in to the TeamViewer account on any computer, the Named
57 User can establish up to 10 connections in Remote Control mode or
58 have up to 25 participants in any Meeting. Each Named User can
59 establish up to 10 connections in Remote Control mode or have up
60 to 25 participants in any Meeting. Based on the foregoing
61 calculations, virtualized desktops or computers or other hardware
62 running multiple operated systems shall be counted as individual
63 computers towards the total count. Additional concurrent users of
64 the Software will require the respective additional licenses.
65 ¹A "Named User" is a natural person named by the Customer, who
66 has permission to use the software. This person is not entitled
67 to pass on his/her log-in data to others.
68
69 2. SUPPORT. In addition to your warranty claims, TeamViewer, in
70 its sole determination, will provide you with support, which
71 shall consist of: (i) telephone or electronic support to you in
72 order to help you locate and, on your own, correct problems with
73 the Product and / or (ii) supplying extensions, enhancements and
74 other changes that TeamViewer may make to the Product and which
75 is made publicly available, without additional charge, to other
76 licensees of the Product that are enrolled in Support.
77
78 3. BETA TESTING. TeamViewer can provide you with Beta test
79 versions of Product “AS IS”, free of charge, and WITHOUT
80 WARRANTY OF ANY KIND. Such provision is done so only for the
81 purpose of assisting TeamViewer with testing functionality or
82 compatibility. Should you use this test version, please provide
83 TeamViewer with compelling feedback in whatever format you may
84 wish, or are directed by (“CONTRIBUTION”). You expressly
85 acknowledge that your participation in any beta testing is
86 undertaken by you on a volunteer basis and that you shall have
87 no right in the beta Product or Contribution, whether in original
88 form (as provided to you) or in respect of any derivative work
89 (whether or not based upon, in whole or in part, on any
90 participation or feedback you may make). Notwithstanding the
91 foregoing, you agree to grant to TeamViewer, free of charge, all
92 rights of use in respect of your Contribution.
93
94 4. RESTRICTIONS. Except as otherwise agreed in writing , you
95 shall have no right and you shall not permit any third party to:
96 (i) make error corrections to or otherwise modify or adapt the
97 Product or decompile, decrypt, disassemble, reverse engineer or
98 attempt to reconstruct or discover any source code or underlying
99 ideas, algorithms, file formats or programming or interoperability
100 interfaces of Product or of any files contained or generated
101 using Product by any means whatsoever or otherwise reduce the
102 Product to human-readable form, unless expressly permitted by law
103 in each case; or (ii) circumvent or provide the method or means
104 to circumvent any TMP in the Product; or (iii) use the Product in
105 any manner not expressly authorised herein.
106
107 5. SCOPE OF LICENSE. TeamViewer is the holder of all intellectual
108 property rights in the Product, throughout the world. Please note
109 that the Product may contain third-party software. With the
110 license, you will be granted, according to Sec. 1, the
111 non-exclusive right to use the Product, which shall constitute no
112 sale. You shall be granted no furtherrights or titles in, or to,
113 the Product in excess of this EULA. TeamViewer and its licensors
114 retain ownership of all copies of the Product and reserves all
115 rights not expressly granted to you under this EULA.
116
117 6. CONSENT TO USE OF DATA. TeamViewer and you shall comply with
118 the respective provisions of the applicable data protection laws.
119 TeamViewer takes the protection of your personal data very
120 seriously and strictly abides by the data protection laws.
121 TeamViewer collects, processes and uses your data for the
122 implementation and processing of the contractual relation with
123 you, in particular for successfully establishing connections over
124 the Internet. Beyond that, your data will not be used without
125 your prior consent, in particular not for advertising purposes.
126 Non-personal data may be collected automatically to offer you
127 first-class service, especially to facilitate and improve the
128 provision of software updates, Support, Content, TPM and other
129 services.
130
131 7. CONTENT UPDATES; TECHNOLOGICAL PROTECTION MEASURES
132 (“TPM”). Some Products require, for optimum use and
133 TeamViewer may provide to you, in a number of formats (feeds,
134 definition files etc), content that is automatically,
135 synchronised or updated from time to time with TeamViewer’s
136 servers or systems (“CONTENT”). Such content may be
137 provided for a limited time, from time to time, or in accordance
138 with an applicable and valid Support agreement. The Products may
139 also contain technological protection measures, for instance a
140 license key or code, that prevents unlimited copying, or limit
141 time of use or functionality in accordance with the type of
142 license that you purchase (“TPM”). You consent that the
143 Product will automatically contact TeamViewer to receive Content
144 and, in addition, if and when any of the following events occur:
145 (i) the Product is successfully installed by you; (ii) you fail
146 to install the Product successfully; (iii) the Product has been
147 successfully configured; (iv) there are changes to the
148 Product’s license key or TPM; and / or (v) the Product is
149 uninstalled. TeamViewer has offices worldwide and you acknowledge
150 and consent that any data collected may be sent to any TeamViewer
151 office or affiliate for processing, including locations outside
152 of the USA and European Union. Your consent to this Section 7 is
153 limited to any data not being your personal data. For any of your
154 personal data collected, processed or otherwise used in
155 connection with this Section 7, Section 6 applies accordingly.
156
157 8. TERMINATION. You, as private user, and TeamViewer may terminate
158 the present EULA at any time; otherwise, it may be terminated in
159 accordance with the legal provisions. In case of termination, you
160 must cease all use of the Product, destroy all copies (including
161 any components) of the Product, or, at TeamViewer’s request,
162 return such copies to TeamViewer. Sections 2, 5, 10, 11, 12 and
163 13 of this EULA shall survive any termination of this EULA.
164
165 9. EXPORT CONTROLS. You agree that the Product will not be used,
166 shipped, transferred or exported into any country or to anyone:
167 (i) which the EU or UN has embargoed goods; (ii) where the
168 national legislation of the relevant EU Member State has
169 embargoed goods; (iii) listed in any enacted Common Position on
170 restrictive measures imposed by the EU; (iv) on the U.S. Treasury
171 Department’s list of Specially Designated Nationals or the
172 U.S. Commerce Department’s Table of Deny Orders; or (v) in any
173 manner prohibited by the EU Common Foreign and Security Policy,
174 the United States Export Administration Act, or any other export
175 laws or regulations. By using the Product you represent that you
176 are not located in, under the control of, or a national or
177 resident of any such country or on any such list and you take
178 full and sole responsibility for such use.
179
180 10. WARRANTY. TeamViewer warrants its commercial users that the
181 Product supplied will be free from defects for a period of two
182 years from the date of receipt of the Product. No warranty for
183 defects is provided to private users, unless such defect was
184 maliciously concealed. Any supplements or updates to the Product,
185 including without limitation, any (if any) service packs, patches
186 or fixes provided to you are not covered by any warranty; they
187 are rather provided ‘AS IS’. This warranty is personal to
188 you and cannot be transferred.
189 REMEDY: If a Product media defect arises and you have a valid
190 claim, TeamViewer will remedy the defect by one of the following
191 measures: (1) rectify the defect at no cost to you, using new or
192 refurbished parts that are equivalent to new in performance and
193 reliability, or (2) exchange the Product media with Product media
194 that is new or refurbished, which is at least functionality
195 equivalent to the original Product media, or (3) refund the
196 purchase price of the original Product media subject to your
197 provision of a valid receipt of purchase. The above regulations
198 shall, of course, not affect any other rights that you may have
199 by law. Rectification is free of charge for you.
200 Warranty claims are excluded if failure of the Product has
201 resulted from accident, abuse, misapplication, abnormal use, a
202 virus, or use after an upgrade was made available to you.
203 EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE USER
204 “AS IS”. TEAMVIEWER DOES NOT WARRANT THAT THE
205 SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET
206 YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE
207 UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL
208 BE CORRECTED. TEAMVIEWER DOES NOT WARRANT THAT THE PRODUCTS WILL
209 WORK WITH THIRD-PARTY PRODUCTS. FURTHERMORE, TEAMVIEWER DOES NOT
210 WARRANT THAT THE PRODUCTS OR SPECIFICALLY DESIGNED VERSIONS
211 THEREOF WILL CONTINUE TO BE AVAILABLE THROUGH THIRD-PARTY ONLINE
212 STORES OR MARKETS OR FOR SPECIFIC DEVICES MANUFACTURED BY THIRD
213 PARTIES.
214
215 11. LIMITATION OF LIABILITY:
216 Unless otherwise provided herein, TeamViewer shall be liable in
217 case of breach of contractual and non-contractual obligations as
218 provided for under applicable law.
219 TeamViewer shall be liable for damages – for whatever legal
220 reason – only in case of intent or gross negligence. Moreover,
221 TeamViewer shall be liable for damages to commercial users also
222 in case of simple negligence resulting in injury to life, body or
223 health or resulting in breach of an essential contractual
224 obligation; in that case, however, liability shall be limited to
225 replacement of the foreseeable, typical damage.
226 The above limitations of liability shall not apply if TeamViewer
227 has maliciously concealed a defect or has assumed liability for
228 the condition of the goods. The same shall apply to your claims
229 under the Product Liability Act.
230 You may terminate or rescind this EULA due to breach of obligation
231 that does not constitute a defect only if TeamViewer is
232 responsible for such breach of obligation. Any other ordinary
233 right of termination in excess of that shall be excluded for you.
234
235 12. INDEMNIFICATION. You agree to indemnify and hold TeamViewer,
236 its parent, partner, or subsidiary organizations, officers,
237 agents and employees, harmless from any claim, loss, demand, or
238 damage, including reasonable attorneys' fees, asserted by any
239 third party due to or arising out of your breach of any provision
240 of this EULA, your negligent or wrongful acts, and/or your
241 violation of any applicable laws.
242
243 13. ENTIRE AGREEMENT. This EULA (as may be amended by time to
244 time) is the entire agreement between you and TeamViewer relating
245 to the Product and the Support services (if relevant) and they
246 supersede all prior or contemporaneous oral or written
247 communications, proposals and representations with respect to the
248 Product or Support services.
249
250 14. GOVERNING LAW. This EULA shall be governed by the laws of
251 Germany. TeamViewer and you consent to the exclusive jurisdiction
252 of the courts located in Goeppingen, Germany.
253
254 15. U.S. GOVERNMENT RIGHTS. If you are obtaining software on
255 behalf of any part of the United States Government, the software
256 and any documentation shall be deemed "commercial software" and
257 "commercial computer software documentation", respectively,
258 pursuant to DFAR Section 227.7202 and FAR 12.212 and 52.227-19,
259 as applicable. Any use, modification, reproduction, release,
260 performance, display or disclosure of the software shall be
261 governed solely by the terms of this EULA shall be prohibited
262 except to the extent expressly permitted by the terms of this
263 EULA.
264
265 16. MISCELLANEOUS. (i) In the event this EULA is found illegal,
266 invalid or unenforceable, in part (or part of any provision),
267 you and TeamViewer shall agree on a provision that best reflects
268 the respective clause and that is legal, valid and enforceable;
269 (ii) nothing in this EULA, express or implied, is intended to, or
270 shall confer upon any other person or entity any legal or
271 equitable right, benefit or remedy of any nature whatsoever;
272 (iii) you may assign, pledge or otherwise transfer this agreement,
273 or any rights or obligations hereunder to a third party only with
274 TeamViewer’s prior written approval; and (iv) paragraph
275 headings are for convenience and shall have no effect or
276 interpretation.
277
278 17. NOTICES. All notices must be made in writing, and an email
279 shall be sufficient. All notices must be addressed to:
280
281 TeamViewer GmbH
282 Legal Department
283 C/O: General Manager
284 Kuhnbergstr. 16
285 73037 Goeppingen
286 Germany
287 Email: legal@teamviewer.com
288
289 Copyright © 2012 TeamViewer GmbH. All rights reserved. All
290 trademarks belong to their respective owners.
291
292 Windows® is a trademark of the Microsoft group of companies.
293 iPhone® and iPad® are trademarks of Apple Inc., registered in
294 the U.S. and other countries. Android™ is a trademark of
295 Google Inc.
296
297 Revised November 2012

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