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licences: add missing teamspeak3 licence
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licences/teamspeak3
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licences/teamspeak3
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TeamSpeak 3.x - End User License Agreement
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Revised: February 2nd, 2010
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THIS IS A LEGAL AGREEMENT between "you", the individual, company, or
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organization utilizing TeamSpeak brand software, TeamSpeak Systems GmbH,
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a Kruen, Germany based company, and Triton CI & Associates, Inc., a
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California, USA based Corporation.
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USE OF TEAMSPEAK SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
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As used in this Agreement, the term "TeamSpeak software" means TeamSpeak
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version 3.x voice communication software, both client and server, as
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made available from www.TeamSpeak.com together with any and all
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enhancements, upgrades, or updates that may be provided to you by
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TeamSpeak Systems GmbH.
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1. APPLICABLE LAW
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All terms in this Agreement relating to ownership, distribution,
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prohibited conduct, or upgrades to TeamSpeak software, specifically
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Sections 2, 6, 11, and 12, will be handled by TeamSpeak Systems GmbH in
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accordance with the laws of Kruen, Germany.
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Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
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sales, licensing, and billing partner for TeamSpeak software. As such,
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all terms in this Agreement relating to TeamSpeak sales, billing,
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compliance with licensing, including related issues such as piracy or
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banning of servers, will be handled by Triton CI & Associates, Inc. in
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accordance with the laws within the State of California, USA.
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2. OWNERSHIP
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Ownership of TeamSpeak software and any accompanying documentation shall
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at all times remain with TeamSpeak Systems GmbH. This Agreement does not
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constitute the sale of TeamSpeak software or any accompanying
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documentation, or any portion thereof. Without limiting the generality
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of the foregoing, you do not receive any rights to any patents,
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copyrights, trade secrets, trademarks or other intellectual property
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rights relating to TeamSpeak software or any accompanying documentation.
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All rights not expressly granted to you under this Agreement are
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reserved by TeamSpeak Systems GmbH.
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3. DEFINITIONS
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3.1 TeamSpeak Client and Server
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TeamSpeak software consists of both a TeamSpeak Client and TeamSpeak
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Server application. The TeamSpeak Server is the application which acts
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as a host and allows two or more client connections to communicate with
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one another. The TeamSpeak Client is the application which connects to
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the TeamSpeak Server and contains end-user functionality which includes
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initiating a data stream for voice communication with another client
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connection. Sample screenshots of both the TeamSpeak Client and Server
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applications can be found at http://www.teamspeak.com/?page=screenshots.
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3.2 TeamSpeak Software Development Kit (TeamSpeak SDK)
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TeamSpeak software may also consist of a Software Development Kit or
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SDK. The TeamSpeak SDK is a set of development tools and documentation
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which allows software engineers to create customized or integrated
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applications typically as part of an existing product or service. The
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TeamSpeak SDK includes API information, sample code, tools,
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documentation, and other related items.
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3.3 TeamSpeak Virtual Server
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A TeamSpeak Virtual Server is any instance within the TeamSpeak Server
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application (binary executable) which allows the TeamSpeak Client
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application to connect. A single executed TeamSpeak Server application
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(binary executable) will by default create a single Virtual Server.
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However, the TeamSpeak Server application is capable of creating and
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hosting multiple Virtual Servers within any single running binary
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executable, where each server contains its own configuration properties
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which to the end-user may appear to act as a stand-alone server.
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3.4 TeamSpeak Server Slot
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A TeamSpeak Server Slot (or just "slot") is utilized when a single
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TeamSpeak Client connection is established to any given TeamSpeak
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Virtual Server. The maximum "slots" or "slot count" can be individually
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configured for each Virtual Server and defines the maximum number of
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users that can simultaneously connect to that Virtual Server at any
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given time. For example, a Virtual Server configured for 10 slots will
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allow up to 10 simultaneous user connections before it generates a
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"server full" error message to the 11th user attempting to connect to
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the same Virtual Server.
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3.5 Commercial Entity
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A commercial entity is an individual, company, or organization which
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demonstrates (typically via but not limited to a website) that it is in
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business to turn a profit of any kind; be it monetary, from direct sales
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or rental fees, advertising profit, or through the privileged use of
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intangible goods and services.
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Example of a Commercial Entity:
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A hosting company or organization which charges a monthly fee for the
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use of a TeamSpeak server OR a hosting company or organization which
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does NOT charge a monthly fee for the use of a TeamSpeak server but
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earns substantial profit from advertising, or from other products or
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services of any kind.
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Example of a Commercial Entity profiting from advertising:
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An organization advertising for products or services offered by a
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hosting company in exchange for the use of a TeamSpeak server means the
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hosting company will be considered to be a commercial entity, even if
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they choose not to charge anything at all for the use of any of their
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TeamSpeak servers. This situation is commonly referred to as a clan or
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guild "sponsorship".
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Example of a Commercial Entity profiting from intangible goods:
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A "payment" is made to an individual or hosting company using virtual
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currency (gold, etc.) within a popular massively multiplayer online game
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(MMOG) in exchange for the use of a TeamSpeak server means the
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individual or hosting company will be considered to be a commercial entity.
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3.6 Non-Profit Entity
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A non-profit entity is an individual or organization which does NOT
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utilize TeamSpeak software for profit of any kind; be it monetary, from
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direct sales or rental fees, advertising profit, or intangible goods and
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services.
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Example 1: A clan or guild hosting a TeamSpeak server for their own
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private use while complying with all terms and conditions set forth in
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Section 5.1 of this Agreement.
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Example 2: An individual hosting a TeamSpeak server for private use to
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communicate with friends or family over the Internet while complying
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with all terms and conditions set forth in Section 5.1 of this Agreement.
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4. LICENSE FEES
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Based on the definitions above, license fees may be applicable to
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entities utilizing the TeamSpeak Server application. License fees are
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NOT applicable to the TeamSpeak Client application. All Commercial
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Entities using the TeamSpeak Server application for any reason must pay
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a license fee, regardless of whether or not they choose to charge fees
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for the use of their servers. Non-Profit Entities using the TeamSpeak
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Server application do not need to pay a license fee; however, these
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entities must comply with the terms and conditions set forth in the
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License Types applicable to Non-Profit Entities below. If you are
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uncertain as to whether you qualify as a Non-Profit Entity you must
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contact Triton CI & Associates, Inc. via e-mail at sales@tritoncia.com
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or via http://support.tritoncia.com.
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5. LICENSE TYPES
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5.1. Non-Profit License: Unregistered
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This license type is for an individual or organization which is
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non-profit in nature, and does not require registration on our website
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nor a license key. An individual or organization operating under this
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license may install and use TeamSpeak software on one or more physical
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machines, without paying a license fee, provided that the following
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conditions are met:
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a. The individual or organization must be non-profit in nature.
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TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
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right to assess and determine if any individual or organization is
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non-profit in nature.
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b. The individual or organization may host up to 32 slots using only 1
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Virtual Server for their entire operation. Exceeding the use of 32 slots
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or 1 Virtual Server over multiple physical machines operated by the same
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individual or organization is strictly prohibited.
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5.2. Non-Profit License: Registered
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This license type is for an individual or organization which is
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non-profit in nature, and requires registration on our website and the
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use of a license key. An individual or organization operating under this
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license may install and use TeamSpeak software on one or more physical
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machines, without paying a license fee, provided that the following
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conditions are met:
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a. The individual or organization must register their operation and
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apply for this license type via Triton CI & Associates, Inc.'s website
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at https://sales.tritoncia.com/users/register.php.
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b. The individual or organization must be non-profit in nature.
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TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
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right to assess and determine if any individual or organization is
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non-profit in nature.
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c. The individual or organization may host up to 512 slots using a
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maximum of 10 Virtual Servers for their entire operation. Any
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combination of slots or Virtual Servers over multiple physical machines
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is allowed, as long as the individual or organization does not exceed
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512 slots or 10 Virtual Servers. This is also enforced by the license
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key which is issued after the registration and approval process has been
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completed.
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5.3. Commercial License for ATHPs (Authorized TeamSpeak Host Providers):
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Recurs Monthly
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An Authorized TeamSpeak Host Provider License or ATHP License is a
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license requiring recurring monthly fees. ATHP Licenses are issued to
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Commercial Entities (an individual, company, or organization) which rent
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TeamSpeak servers to others for profit of any kind; be it monetary, from
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direct sales or rental fees, advertising profit, or through the
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privileged use of intangible goods and services. ATHPs are Commercial
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Entities which typically charge their customers a monthly fee for the
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use of a TeamSpeak Virtual Server or include the Virtual Server as part
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of other services or offerings to their customers free of charge.
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Commercial Entities operating under the Authorized TeamSpeak Host
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Provider License may install and use TeamSpeak software on one or more
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physical machines, and must adhere to the following conditions:
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a. ATHPs must register for an account on Triton CI & Associates, Inc.'s
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website at https://sales.tritoncia.com/users/register.php.
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b. ATHPs are subject to recurring, monthly licensing fees based on the
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average slot count configured on each Virtual Server hosted by the ATHP
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during the previous month (e.g. - if a Virtual Server reports being
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configured for 50 Slots during 15 out of 30 days of the previous month,
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the Virtual Server will be billed at 25 Slots). These licensing fees are
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completely indifferent to whether or not an ATHP's customer makes use of
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their Virtual Server.
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c. ATHPs are billed monthly, in arrears, by Triton CI & Associates, Inc.
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All invoices are typically sent on the 1st or 2nd day of every month via
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email and are also posted to the ATHP's online account via Triton CI &
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Associates, Inc.'s website at http://sales.tritoncia.com.
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d. Payments are due 15 days after any invoice is generated (NET 15). It
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is the ATHP's responsibility to ensure that their invoice is received;
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whether by the primary email address registered to the ATHP's online
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account or by a representative of the ATHP ensuring that the ATHP's
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online account is logged into or checked each month for new invoices.
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e. ATHPs who become 30 or more days past due on their invoice may have
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their TeamSpeak Servers banned due to non-payment.
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f. ATHPs who consistently fail to pay their invoices on time are subject
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to having their account or license suspended or revoked.
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g. New ATHPs acknowledge that there will be a $50 setup fee in addition
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to a minimum monthly license fee of $25 for a minimum slot count of 200.
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h. ATHPs acknowledge that invoices may occasionally reflect inaccurate
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data due to incorrectly configured slot counts on licensed Virtual
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Servers (e.g. - test servers accidentally created with high slot counts,
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or duplicate data reported back to TeamSpeak Systems GmbH during data
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center migrations, etc.). As such, invoices are subject to review by
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both the ATHP and Triton CI & Associates, Inc. Every effort will be made
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by Triton CI & Associates, Inc. to determine the best course of action
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when correcting or modifying an invoice.
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i. ATHPs acknowledge that slot count data for each Virtual Server hosted
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by the ATHP is reported daily to TeamSpeak Systems GmbH's tracking
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server located at accounting.teamspeak.com (IP 62.146.63.84) for the
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purpose of tracking and billing the ATHP accordingly.
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j. ATHPs may not utilize firewalls or any other tools to prevent
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communication from their licensed Virtual Servers to TeamSpeak Systems
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GmbH's tracking server located at accounting.teamspeak.com (IP
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62.146.63.84). All outbound traffic, both TCP and UDP, must be made
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available to the tracking server AND the organization must ensure that
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DNS is functioning properly and is able to resolve the hostname
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accounting.teamspeak.com at all times on all physical machines where
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Virtual Servers are being hosted.
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k. ATHPs may not alter each individual Virtual Server's slot count on a
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daily basis (e.g. - via an automated script or third party utility) in
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order to deliberately or otherwise alter the daily slot count
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configuration data which is reported to TeamSpeak Systems GmbH's
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tracking server located at accounting.teamspeak.com (IP 62.146.63.84).
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l. ATHPs may allow resellers to sell their TeamSpeak Virtual Servers;
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however, the ATHP must ensure that all of their Virtual Server IPs are
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licensed at all times. Resellers are not required to register and
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purchase a separate ATHP license for themselves as long as all Virtual
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Servers sold by the reseller are licensed through the ATHP.
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5.4. Commercial License: Annual Activation
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A Commercial License is a license requiring annual activation.
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Commercial Licenses are issued to Commercial Entities (an individual,
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company, or organization) which utilize TeamSpeak servers in a
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commercial environment but are not in the business of hosting or renting
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servers to others for a recurring fee. Examples include, but are not
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limited to, Internet Cafes or small businesses using TeamSpeak for
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internal communication. Commercial Entities operating under the
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Commercial License must adhere to the following conditions:
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a. Commercial Entities must register for an account on Triton CI &
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Associates, Inc.'s website at
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https://sales.tritoncia.com/users/register.php.
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b. Upon expiration of the annual licensed term, the Commercial Entity
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must purchase an additional year of activation in order to continue
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using TeamSpeak.
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c. Commercial Entities may utilize their license on multiple physical
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machines, provided the Commercial Entity abides by the limitations on
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its purchased slots and the maximum number of Virtual Servers for which
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they are licensed.
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d. Commercial Entities cannot re-sell any portion of their licensed
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slots or Virtual Servers to others for a recurring fee of any kind.
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5.5 Software Development Kit Integration License or "SDK Integration
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License"
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A Software Development Kit Integration License or SDK Integration
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License is a license which may require a one-time fee, recurring fees,
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or other pre-determined fees. SDK Integration Licenses are typically
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issued to Commercial Entities (an individual, company, or organization)
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which utilize TeamSpeak software to create customized or integrated
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applications as part of an existing product or service. Commercial
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Entities operating under the SDK Integration License must adhere to the
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following conditions:
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a. You may use the TeamSpeak SDK with only one product at a time. Any
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intent to utilize the TeamSpeak SDK with a different product will
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constitute a new Agreement, and new license fees may apply.
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b. You may NOT distribute, sell, lease, rent, lend, or sublicense any
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part of the TeamSpeak SDK to any third party without prior written
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consent from TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
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c. You may NOT use the TeamSpeak SDK to design or develop software to
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upload or otherwise transmit any material containing software viruses or
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other computer code, files or programs designed to interrupt, destroy,
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or limit the functionality of any software or hardware.
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d. You may NOT represent that the programs you develop using the
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TeamSpeak SDK are certified or otherwise endorsed by either TeamSpeak
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Systems GmbH or Triton CI & Associates, Inc.
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e. You may NOT use the TeamSpeak name or any other trademarks of
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TeamSpeak Systems GmbH in connection with programs that you develop
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using the TeamSpeak SDK without prior written consent from TeamSpeak
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Systems GmbH or Triton CI & Associates, Inc.
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6. DISTRIBUTION VIA THE INTERNET
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The preferred method of distribution of TeamSpeak software over the
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Internet is via TeamSpeak Systems GmbH's official website at
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www.TeamSpeak.com. You may not distribute TeamSpeak software otherwise
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over the Internet, unless you obtain prior written consent from
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TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
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7. THIRD PARTY DISTRIBUTION PROHIBITED
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Distribution of TeamSpeak software by you to third parties (e.g. -
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publishers, magazines, third party products, etc.) is also hereby
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expressly prohibited unless you obtain prior written consent from
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TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
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8. TERMINATION
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TeamSpeak Systems GmbH or Triton CI & Associates, Inc. reserves the
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right to terminate your license for TeamSpeak software at any time or
|
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for any reason. Your license may also be terminated if you are in breach
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of any of the terms and conditions set forth in this Agreement. Upon
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termination, you shall immediately discontinue using TeamSpeak software
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and destroy all copies and related intellectual property in your
|
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possession, custody or control.
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9. BILLING
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Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
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sales, licensing, and billing partner for TeamSpeak software. As such,
|
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all billing matters for Commercial Entities are handled by Triton CI &
|
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Associates, Inc. Any inquiries relating to billing must be e-mailed to
|
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sales@tritoncia.com or submitted via Triton CI & Associates, Inc.'s
|
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ticket system at http://support.tritoncia.com.
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10. PRICING
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TeamSpeak software pricing information for Commercial Entities can be
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found on Triton CI & Associates, Inc.'s website at
|
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http://sales.tritoncia.com/pricing.php.
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11. PROHIBITED CONDUCT
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You represent and warrant that you will not violate any of the terms and
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conditions set forth in this Agreement and that:
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a. You will not: (I) reverse engineer, decompile, disassemble, derive
|
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the source code of, modify, or create derivative works from TeamSpeak
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software; or (II) use, copy, modify, alter, or transfer, electronically
|
||||
or otherwise, TeamSpeak software or any of the accompanying
|
||||
documentation except as expressly permitted in this Agreement; or (III)
|
||||
redistribute, sell, rent, lease, sublicense, or otherwise transfer
|
||||
rights to TeamSpeak software whether in a stand-alone configuration or
|
||||
as incorporated with other software code written by any party except as
|
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expressly permitted in this Agreement.
|
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b. You will not use TeamSpeak software to engage in or allow others to
|
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engage in any illegal activity.
|
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c. You will not engage in use of TeamSpeak software that will interfere
|
||||
with or damage the operation of the services of third parties by
|
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overburdening or disabling network resources through automated queries,
|
||||
excessive usage or similar conduct.
|
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d. You will not use TeamSpeak software to engage in any activity that
|
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will violate the rights of third parties, including, without limitation,
|
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through the use, public display, public performance, reproduction,
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distribution, or modification of communications or materials that
|
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infringe copyrights, trademarks, publicity rights, privacy rights, other
|
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proprietary rights, or rights against defamation of third parties.
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e. You will not transfer TeamSpeak software or utilize TeamSpeak
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software in combination with third party software authored by you or
|
||||
others to create an integrated software program which you transfer to
|
||||
unrelated third parties unless you obtain prior written consent from
|
||||
TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
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12. UPGRADES, UPDATES AND ENHANCEMENTS
|
||||
|
||||
All upgrades, updates or enhancements of TeamSpeak software shall be
|
||||
deemed to be part of TeamSpeak software and will be subject to this
|
||||
Agreement.
|
||||
|
||||
13. LEGENDS AND NOTICES
|
||||
|
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You agree that you will not remove or alter any trademark, logo,
|
||||
copyright or other proprietary notices, legends, symbols or labels in
|
||||
TeamSpeak software or any accompanying documentation.
|
||||
|
||||
14. TERM AND TERMINATION
|
||||
|
||||
This Agreement is effective upon your acceptance as provided herein and
|
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will remain in force until terminated. Non-Profit Entities may terminate
|
||||
the licenses granted in this Agreement at any time by destroying
|
||||
TeamSpeak software and any accompanying documentation, together with any
|
||||
and all copies thereof. Commercial Entities may terminate the licenses
|
||||
granted in this Agreement at any time by contacting Triton CI &
|
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Associates, Inc. via e-mail at sales@tritoncia.com or via
|
||||
http://support.tritoncia.com. The licenses granted in this Agreement
|
||||
will terminate automatically if you breach any of its terms or
|
||||
conditions or any of the terms or conditions of any other agreement
|
||||
between you and TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
|
||||
|
||||
15. SOFTWARE SUGGESTIONS
|
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|
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TeamSpeak Systems GmbH welcomes suggestions for enhancing TeamSpeak
|
||||
software and any accompanying documentation that may result in computer
|
||||
programs, reports, presentations, documents, ideas or inventions
|
||||
relating or useful to TeamSpeak Systems GmbH's business. You acknowledge
|
||||
that all title, ownership rights, and intellectual property rights
|
||||
concerning such suggestions shall become the exclusive property of
|
||||
TeamSpeak Systems GmbH and may be used for its business purposes in its
|
||||
sole discretion without any payment or accounting to you.
|
||||
|
||||
16. MISCELLANEOUS
|
||||
|
||||
This Agreement constitutes the entire agreement between the parties
|
||||
concerning TeamSpeak software, and is subject to change by TeamSpeak
|
||||
Systems GmbH or Triton CI & Associates, Inc. at any time. If any
|
||||
provision in this Agreement should be held illegal or unenforceable by a
|
||||
court of competent jurisdiction, such provision shall be modified to the
|
||||
extent necessary to render it enforceable without losing its intent, or
|
||||
severed from this Agreement if no such modification is possible, and
|
||||
other provisions of this Agreement shall remain in full force and
|
||||
effect. A waiver by either party of any term or condition of this
|
||||
Agreement or any breach thereof, in any one instance, shall not waive
|
||||
such term or condition or any subsequent breach thereof.
|
||||
|
||||
17. DISCLAIMER OF WARRANTY
|
||||
|
||||
TEAMSPEAK SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
|
||||
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
|
||||
WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN
|
||||
UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
|
||||
NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
|
||||
PART OF THIS LICENSE AND AGREEMENT. NO USE OF TEAMSPEAK SOFTWARE IS
|
||||
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
||||
|
||||
18. LIMITATION OF LIABILITY
|
||||
|
||||
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
|
||||
TEAMSPEAK SYSTEMS GMBH NOR TRITON CI & ASSOCIATES, INC. BE LIABLE FOR
|
||||
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
|
||||
OF THE USE OF OR INABILITY TO USE TEAMSPEAK SOFTWARE, INCLUDING, WITHOUT
|
||||
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
|
||||
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
|
||||
OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
|
||||
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
|
||||
THE CLAIM IS BASED. IN ANY CASE, TEAMSPEAK SYSTEMS' OR TRITON CI &
|
||||
ASSOCIATES, INC.'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS
|
||||
LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY)
|
||||
YOU PAID FOR THIS LICENSE.
|
||||
Loading…
Reference in New Issue
Block a user