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Updated EULA for TeamSpeak 3.x to revised version of February 2nd, 2010.

1 TeamSpeak 3.x - End User License Agreement
2 Revised: February 2nd, 2010
3
4 THIS IS A LEGAL AGREEMENT between "you", the individual, company, or
5 organization utilizing TeamSpeak brand software, TeamSpeak Systems GmbH,
6 a Kruen, Germany based company, and Triton CI & Associates, Inc., a
7 California, USA based Corporation.
8
9 USE OF TEAMSPEAK SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
10
11 As used in this Agreement, the term "TeamSpeak software" means TeamSpeak
12 version 3.x voice communication software, both client and server, as
13 made available from www.TeamSpeak.com together with any and all
14 enhancements, upgrades, or updates that may be provided to you by
15 TeamSpeak Systems GmbH.
16
17 1. APPLICABLE LAW
18
19 All terms in this Agreement relating to ownership, distribution,
20 prohibited conduct, or upgrades to TeamSpeak software, specifically
21 Sections 2, 6, 11, and 12, will be handled by TeamSpeak Systems GmbH in
22 accordance with the laws of Kruen, Germany.
23
24 Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
25 sales, licensing, and billing partner for TeamSpeak software. As such,
26 all terms in this Agreement relating to TeamSpeak sales, billing,
27 compliance with licensing, including related issues such as piracy or
28 banning of servers, will be handled by Triton CI & Associates, Inc. in
29 accordance with the laws within the State of California, USA.
30
31 2. OWNERSHIP
32
33 Ownership of TeamSpeak software and any accompanying documentation shall
34 at all times remain with TeamSpeak Systems GmbH. This Agreement does not
35 constitute the sale of TeamSpeak software or any accompanying
36 documentation, or any portion thereof. Without limiting the generality
37 of the foregoing, you do not receive any rights to any patents,
38 copyrights, trade secrets, trademarks or other intellectual property
39 rights relating to TeamSpeak software or any accompanying documentation.
40 All rights not expressly granted to you under this Agreement are
41 reserved by TeamSpeak Systems GmbH.
42
43 3. DEFINITIONS
44
45 3.1 TeamSpeak Client and Server
46 TeamSpeak software consists of both a TeamSpeak Client and TeamSpeak
47 Server application. The TeamSpeak Server is the application which acts
48 as a host and allows two or more client connections to communicate with
49 one another. The TeamSpeak Client is the application which connects to
50 the TeamSpeak Server and contains end-user functionality which includes
51 initiating a data stream for voice communication with another client
52 connection. Sample screenshots of both the TeamSpeak Client and Server
53 applications can be found at http://www.teamspeak.com/?page=screenshots.
54
55 3.2 TeamSpeak Software Development Kit (TeamSpeak SDK)
56 TeamSpeak software may also consist of a Software Development Kit or
57 SDK. The TeamSpeak SDK is a set of development tools and documentation
58 which allows software engineers to create customized or integrated
59 applications typically as part of an existing product or service. The
60 TeamSpeak SDK includes API information, sample code, tools,
61 documentation, and other related items.
62
63 3.3 TeamSpeak Virtual Server
64 A TeamSpeak Virtual Server is any instance within the TeamSpeak Server
65 application (binary executable) which allows the TeamSpeak Client
66 application to connect. A single executed TeamSpeak Server application
67 (binary executable) will by default create a single Virtual Server.
68 However, the TeamSpeak Server application is capable of creating and
69 hosting multiple Virtual Servers within any single running binary
70 executable, where each server contains its own configuration properties
71 which to the end-user may appear to act as a stand-alone server.
72
73 3.4 TeamSpeak Server Slot
74 A TeamSpeak Server Slot (or just "slot") is utilized when a single
75 TeamSpeak Client connection is established to any given TeamSpeak
76 Virtual Server. The maximum "slots" or "slot count" can be individually
77 configured for each Virtual Server and defines the maximum number of
78 users that can simultaneously connect to that Virtual Server at any
79 given time. For example, a Virtual Server configured for 10 slots will
80 allow up to 10 simultaneous user connections before it generates a
81 "server full" error message to the 11th user attempting to connect to
82 the same Virtual Server.
83
84 3.5 Commercial Entity
85 A commercial entity is an individual, company, or organization which
86 demonstrates (typically via but not limited to a website) that it is in
87 business to turn a profit of any kind; be it monetary, from direct sales
88 or rental fees, advertising profit, or through the privileged use of
89 intangible goods and services.
90
91 Example of a Commercial Entity:
92 A hosting company or organization which charges a monthly fee for the
93 use of a TeamSpeak server OR a hosting company or organization which
94 does NOT charge a monthly fee for the use of a TeamSpeak server but
95 earns substantial profit from advertising, or from other products or
96 services of any kind.
97
98 Example of a Commercial Entity profiting from advertising:
99 An organization advertising for products or services offered by a
100 hosting company in exchange for the use of a TeamSpeak server means the
101 hosting company will be considered to be a commercial entity, even if
102 they choose not to charge anything at all for the use of any of their
103 TeamSpeak servers. This situation is commonly referred to as a clan or
104 guild "sponsorship".
105
106 Example of a Commercial Entity profiting from intangible goods:
107 A "payment" is made to an individual or hosting company using virtual
108 currency (gold, etc.) within a popular massively multiplayer online game
109 (MMOG) in exchange for the use of a TeamSpeak server means the
110 individual or hosting company will be considered to be a commercial entity.
111
112 3.6 Non-Profit Entity
113 A non-profit entity is an individual or organization which does NOT
114 utilize TeamSpeak software for profit of any kind; be it monetary, from
115 direct sales or rental fees, advertising profit, or intangible goods and
116 services.
117
118 Example 1: A clan or guild hosting a TeamSpeak server for their own
119 private use while complying with all terms and conditions set forth in
120 Section 5.1 of this Agreement.
121
122 Example 2: An individual hosting a TeamSpeak server for private use to
123 communicate with friends or family over the Internet while complying
124 with all terms and conditions set forth in Section 5.1 of this Agreement.
125
126 4. LICENSE FEES
127
128 Based on the definitions above, license fees may be applicable to
129 entities utilizing the TeamSpeak Server application. License fees are
130 NOT applicable to the TeamSpeak Client application. All Commercial
131 Entities using the TeamSpeak Server application for any reason must pay
132 a license fee, regardless of whether or not they choose to charge fees
133 for the use of their servers. Non-Profit Entities using the TeamSpeak
134 Server application do not need to pay a license fee; however, these
135 entities must comply with the terms and conditions set forth in the
136 License Types applicable to Non-Profit Entities below. If you are
137 uncertain as to whether you qualify as a Non-Profit Entity you must
138 contact Triton CI & Associates, Inc. via e-mail at sales@tritoncia.com
139 or via http://support.tritoncia.com.
140
141 5. LICENSE TYPES
142
143 5.1. Non-Profit License: Unregistered
144 This license type is for an individual or organization which is
145 non-profit in nature, and does not require registration on our website
146 nor a license key. An individual or organization operating under this
147 license may install and use TeamSpeak software on one or more physical
148 machines, without paying a license fee, provided that the following
149 conditions are met:
150 a. The individual or organization must be non-profit in nature.
151 TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
152 right to assess and determine if any individual or organization is
153 non-profit in nature.
154 b. The individual or organization may host up to 32 slots using only 1
155 Virtual Server for their entire operation. Exceeding the use of 32 slots
156 or 1 Virtual Server over multiple physical machines operated by the same
157 individual or organization is strictly prohibited.
158
159 5.2. Non-Profit License: Registered
160 This license type is for an individual or organization which is
161 non-profit in nature, and requires registration on our website and the
162 use of a license key. An individual or organization operating under this
163 license may install and use TeamSpeak software on one or more physical
164 machines, without paying a license fee, provided that the following
165 conditions are met:
166 a. The individual or organization must register their operation and
167 apply for this license type via Triton CI & Associates, Inc.'s website
168 at https://sales.tritoncia.com/users/register.php.
169 b. The individual or organization must be non-profit in nature.
170 TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
171 right to assess and determine if any individual or organization is
172 non-profit in nature.
173 c. The individual or organization may host up to 512 slots using a
174 maximum of 10 Virtual Servers for their entire operation. Any
175 combination of slots or Virtual Servers over multiple physical machines
176 is allowed, as long as the individual or organization does not exceed
177 512 slots or 10 Virtual Servers. This is also enforced by the license
178 key which is issued after the registration and approval process has been
179 completed.
180
181 5.3. Commercial License for ATHPs (Authorized TeamSpeak Host Providers):
182 Recurs Monthly
183 An Authorized TeamSpeak Host Provider License or ATHP License is a
184 license requiring recurring monthly fees. ATHP Licenses are issued to
185 Commercial Entities (an individual, company, or organization) which rent
186 TeamSpeak servers to others for profit of any kind; be it monetary, from
187 direct sales or rental fees, advertising profit, or through the
188 privileged use of intangible goods and services. ATHPs are Commercial
189 Entities which typically charge their customers a monthly fee for the
190 use of a TeamSpeak Virtual Server or include the Virtual Server as part
191 of other services or offerings to their customers free of charge.
192 Commercial Entities operating under the Authorized TeamSpeak Host
193 Provider License may install and use TeamSpeak software on one or more
194 physical machines, and must adhere to the following conditions:
195 a. ATHPs must register for an account on Triton CI & Associates, Inc.'s
196 website at https://sales.tritoncia.com/users/register.php.
197 b. ATHPs are subject to recurring, monthly licensing fees based on the
198 average slot count configured on each Virtual Server hosted by the ATHP
199 during the previous month (e.g. - if a Virtual Server reports being
200 configured for 50 Slots during 15 out of 30 days of the previous month,
201 the Virtual Server will be billed at 25 Slots). These licensing fees are
202 completely indifferent to whether or not an ATHP's customer makes use of
203 their Virtual Server.
204 c. ATHPs are billed monthly, in arrears, by Triton CI & Associates, Inc.
205 All invoices are typically sent on the 1st or 2nd day of every month via
206 email and are also posted to the ATHP's online account via Triton CI &
207 Associates, Inc.'s website at http://sales.tritoncia.com.
208 d. Payments are due 15 days after any invoice is generated (NET 15). It
209 is the ATHP's responsibility to ensure that their invoice is received;
210 whether by the primary email address registered to the ATHP's online
211 account or by a representative of the ATHP ensuring that the ATHP's
212 online account is logged into or checked each month for new invoices.
213 e. ATHPs who become 30 or more days past due on their invoice may have
214 their TeamSpeak Servers banned due to non-payment.
215 f. ATHPs who consistently fail to pay their invoices on time are subject
216 to having their account or license suspended or revoked.
217 g. New ATHPs acknowledge that there will be a $50 setup fee in addition
218 to a minimum monthly license fee of $25 for a minimum slot count of 200.
219 h. ATHPs acknowledge that invoices may occasionally reflect inaccurate
220 data due to incorrectly configured slot counts on licensed Virtual
221 Servers (e.g. - test servers accidentally created with high slot counts,
222 or duplicate data reported back to TeamSpeak Systems GmbH during data
223 center migrations, etc.). As such, invoices are subject to review by
224 both the ATHP and Triton CI & Associates, Inc. Every effort will be made
225 by Triton CI & Associates, Inc. to determine the best course of action
226 when correcting or modifying an invoice.
227 i. ATHPs acknowledge that slot count data for each Virtual Server hosted
228 by the ATHP is reported daily to TeamSpeak Systems GmbH's tracking
229 server located at accounting.teamspeak.com (IP 62.146.63.84) for the
230 purpose of tracking and billing the ATHP accordingly.
231 j. ATHPs may not utilize firewalls or any other tools to prevent
232 communication from their licensed Virtual Servers to TeamSpeak Systems
233 GmbH's tracking server located at accounting.teamspeak.com (IP
234 62.146.63.84). All outbound traffic, both TCP and UDP, must be made
235 available to the tracking server AND the organization must ensure that
236 DNS is functioning properly and is able to resolve the hostname
237 accounting.teamspeak.com at all times on all physical machines where
238 Virtual Servers are being hosted.
239 k. ATHPs may not alter each individual Virtual Server's slot count on a
240 daily basis (e.g. - via an automated script or third party utility) in
241 order to deliberately or otherwise alter the daily slot count
242 configuration data which is reported to TeamSpeak Systems GmbH's
243 tracking server located at accounting.teamspeak.com (IP 62.146.63.84).
244 l. ATHPs may allow resellers to sell their TeamSpeak Virtual Servers;
245 however, the ATHP must ensure that all of their Virtual Server IPs are
246 licensed at all times. Resellers are not required to register and
247 purchase a separate ATHP license for themselves as long as all Virtual
248 Servers sold by the reseller are licensed through the ATHP.
249
250 5.4. Commercial License: Annual Activation
251 A Commercial License is a license requiring annual activation.
252 Commercial Licenses are issued to Commercial Entities (an individual,
253 company, or organization) which utilize TeamSpeak servers in a
254 commercial environment but are not in the business of hosting or renting
255 servers to others for a recurring fee. Examples include, but are not
256 limited to, Internet Cafes or small businesses using TeamSpeak for
257 internal communication. Commercial Entities operating under the
258 Commercial License must adhere to the following conditions:
259 a. Commercial Entities must register for an account on Triton CI &
260 Associates, Inc.'s website at
261 https://sales.tritoncia.com/users/register.php.
262 b. Upon expiration of the annual licensed term, the Commercial Entity
263 must purchase an additional year of activation in order to continue
264 using TeamSpeak.
265 c. Commercial Entities may utilize their license on multiple physical
266 machines, provided the Commercial Entity abides by the limitations on
267 its purchased slots and the maximum number of Virtual Servers for which
268 they are licensed.
269 d. Commercial Entities cannot re-sell any portion of their licensed
270 slots or Virtual Servers to others for a recurring fee of any kind.
271
272 5.5 Software Development Kit Integration License or "SDK Integration
273 License"
274 A Software Development Kit Integration License or SDK Integration
275 License is a license which may require a one-time fee, recurring fees,
276 or other pre-determined fees. SDK Integration Licenses are typically
277 issued to Commercial Entities (an individual, company, or organization)
278 which utilize TeamSpeak software to create customized or integrated
279 applications as part of an existing product or service. Commercial
280 Entities operating under the SDK Integration License must adhere to the
281 following conditions:
282 a. You may use the TeamSpeak SDK with only one product at a time. Any
283 intent to utilize the TeamSpeak SDK with a different product will
284 constitute a new Agreement, and new license fees may apply.
285 b. You may NOT distribute, sell, lease, rent, lend, or sublicense any
286 part of the TeamSpeak SDK to any third party without prior written
287 consent from TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
288 c. You may NOT use the TeamSpeak SDK to design or develop software to
289 upload or otherwise transmit any material containing software viruses or
290 other computer code, files or programs designed to interrupt, destroy,
291 or limit the functionality of any software or hardware.
292 d. You may NOT represent that the programs you develop using the
293 TeamSpeak SDK are certified or otherwise endorsed by either TeamSpeak
294 Systems GmbH or Triton CI & Associates, Inc.
295 e. You may NOT use the TeamSpeak name or any other trademarks of
296 TeamSpeak Systems GmbH in connection with programs that you develop
297 using the TeamSpeak SDK without prior written consent from TeamSpeak
298 Systems GmbH or Triton CI & Associates, Inc.
299
300 6. DISTRIBUTION VIA THE INTERNET
301
302 The preferred method of distribution of TeamSpeak software over the
303 Internet is via TeamSpeak Systems GmbH's official website at
304 www.TeamSpeak.com. You may not distribute TeamSpeak software otherwise
305 over the Internet, unless you obtain prior written consent from
306 TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
307
308 7. THIRD PARTY DISTRIBUTION PROHIBITED
309
310 Distribution of TeamSpeak software by you to third parties (e.g. -
311 publishers, magazines, third party products, etc.) is also hereby
312 expressly prohibited unless you obtain prior written consent from
313 TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
314
315 8. TERMINATION
316 TeamSpeak Systems GmbH or Triton CI & Associates, Inc. reserves the
317 right to terminate your license for TeamSpeak software at any time or
318 for any reason. Your license may also be terminated if you are in breach
319 of any of the terms and conditions set forth in this Agreement. Upon
320 termination, you shall immediately discontinue using TeamSpeak software
321 and destroy all copies and related intellectual property in your
322 possession, custody or control.
323
324 9. BILLING
325 Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
326 sales, licensing, and billing partner for TeamSpeak software. As such,
327 all billing matters for Commercial Entities are handled by Triton CI &
328 Associates, Inc. Any inquiries relating to billing must be e-mailed to
329 sales@tritoncia.com or submitted via Triton CI & Associates, Inc.'s
330 ticket system at http://support.tritoncia.com.
331
332 10. PRICING
333 TeamSpeak software pricing information for Commercial Entities can be
334 found on Triton CI & Associates, Inc.'s website at
335 http://sales.tritoncia.com/pricing.php.
336
337 11. PROHIBITED CONDUCT
338
339 You represent and warrant that you will not violate any of the terms and
340 conditions set forth in this Agreement and that:
341
342 a. You will not: (I) reverse engineer, decompile, disassemble, derive
343 the source code of, modify, or create derivative works from TeamSpeak
344 software; or (II) use, copy, modify, alter, or transfer, electronically
345 or otherwise, TeamSpeak software or any of the accompanying
346 documentation except as expressly permitted in this Agreement; or (III)
347 redistribute, sell, rent, lease, sublicense, or otherwise transfer
348 rights to TeamSpeak software whether in a stand-alone configuration or
349 as incorporated with other software code written by any party except as
350 expressly permitted in this Agreement.
351 b. You will not use TeamSpeak software to engage in or allow others to
352 engage in any illegal activity.
353 c. You will not engage in use of TeamSpeak software that will interfere
354 with or damage the operation of the services of third parties by
355 overburdening or disabling network resources through automated queries,
356 excessive usage or similar conduct.
357 d. You will not use TeamSpeak software to engage in any activity that
358 will violate the rights of third parties, including, without limitation,
359 through the use, public display, public performance, reproduction,
360 distribution, or modification of communications or materials that
361 infringe copyrights, trademarks, publicity rights, privacy rights, other
362 proprietary rights, or rights against defamation of third parties.
363 e. You will not transfer TeamSpeak software or utilize TeamSpeak
364 software in combination with third party software authored by you or
365 others to create an integrated software program which you transfer to
366 unrelated third parties unless you obtain prior written consent from
367 TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
368
369 12. UPGRADES, UPDATES AND ENHANCEMENTS
370
371 All upgrades, updates or enhancements of TeamSpeak software shall be
372 deemed to be part of TeamSpeak software and will be subject to this
373 Agreement.
374
375 13. LEGENDS AND NOTICES
376
377 You agree that you will not remove or alter any trademark, logo,
378 copyright or other proprietary notices, legends, symbols or labels in
379 TeamSpeak software or any accompanying documentation.
380
381 14. TERM AND TERMINATION
382
383 This Agreement is effective upon your acceptance as provided herein and
384 will remain in force until terminated. Non-Profit Entities may terminate
385 the licenses granted in this Agreement at any time by destroying
386 TeamSpeak software and any accompanying documentation, together with any
387 and all copies thereof. Commercial Entities may terminate the licenses
388 granted in this Agreement at any time by contacting Triton CI &
389 Associates, Inc. via e-mail at sales@tritoncia.com or via
390 http://support.tritoncia.com. The licenses granted in this Agreement
391 will terminate automatically if you breach any of its terms or
392 conditions or any of the terms or conditions of any other agreement
393 between you and TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
394
395 15. SOFTWARE SUGGESTIONS
396
397 TeamSpeak Systems GmbH welcomes suggestions for enhancing TeamSpeak
398 software and any accompanying documentation that may result in computer
399 programs, reports, presentations, documents, ideas or inventions
400 relating or useful to TeamSpeak Systems GmbH's business. You acknowledge
401 that all title, ownership rights, and intellectual property rights
402 concerning such suggestions shall become the exclusive property of
403 TeamSpeak Systems GmbH and may be used for its business purposes in its
404 sole discretion without any payment or accounting to you.
405
406 16. MISCELLANEOUS
407
408 This Agreement constitutes the entire agreement between the parties
409 concerning TeamSpeak software, and is subject to change by TeamSpeak
410 Systems GmbH or Triton CI & Associates, Inc. at any time. If any
411 provision in this Agreement should be held illegal or unenforceable by a
412 court of competent jurisdiction, such provision shall be modified to the
413 extent necessary to render it enforceable without losing its intent, or
414 severed from this Agreement if no such modification is possible, and
415 other provisions of this Agreement shall remain in full force and
416 effect. A waiver by either party of any term or condition of this
417 Agreement or any breach thereof, in any one instance, shall not waive
418 such term or condition or any subsequent breach thereof.
419
420 17. DISCLAIMER OF WARRANTY
421
422 TEAMSPEAK SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
423 ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
424 WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN
425 UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
426 NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
427 PART OF THIS LICENSE AND AGREEMENT. NO USE OF TEAMSPEAK SOFTWARE IS
428 AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
429
430 18. LIMITATION OF LIABILITY
431
432 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
433 TEAMSPEAK SYSTEMS GMBH NOR TRITON CI & ASSOCIATES, INC. BE LIABLE FOR
434 ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
435 OF THE USE OF OR INABILITY TO USE TEAMSPEAK SOFTWARE, INCLUDING, WITHOUT
436 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
437 COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
438 OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
439 THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
440 THE CLAIM IS BASED. IN ANY CASE, TEAMSPEAK SYSTEMS' OR TRITON CI &
441 ASSOCIATES, INC.'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS
442 LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY)
443 YOU PAID FOR THIS LICENSE.

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