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Revision 1.2 - (hide annotations) (download)
Mon Feb 11 14:07:34 2013 UTC (14 months ago) by tomwij
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Updated EULA for TeamSpeak 3.x to revised version of February 2nd, 2010.

1 tomwij 1.2 TeamSpeak 3.x - End User License Agreement
2     Revised: February 2nd, 2010
3 trapni 1.1
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 tomwij 1.2 server located at accounting.teamspeak.com (IP 62.146.63.84) for the
230 trapni 1.1 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 tomwij 1.2 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 trapni 1.1 available to the tracking server AND the organization must ensure that
236     DNS is functioning properly and is able to resolve the hostname
237 tomwij 1.2 accounting.teamspeak.com at all times on all physical machines where
238 trapni 1.1 Virtual Servers are being hosted.
239 tomwij 1.2 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 trapni 1.1 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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