hasufell-repository/licences/teamspeak3

TeamSpeak 3.x - End User License Agreement
Revised: February 2nd, 2010

THIS IS A LEGAL AGREEMENT between "you", the individual, company, or
organization utilizing TeamSpeak brand software, TeamSpeak Systems GmbH,
a Kruen, Germany based company, and Triton CI & Associates, Inc., a
California, USA based Corporation.

USE OF TEAMSPEAK SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.

As used in this Agreement, the term "TeamSpeak software" means TeamSpeak
version 3.x voice communication software, both client and server, as
made available from www.TeamSpeak.com together with any and all
enhancements, upgrades, or updates that may be provided to you by
TeamSpeak Systems GmbH.

1. APPLICABLE LAW

All terms in this Agreement relating to ownership, distribution,
prohibited conduct, or upgrades to TeamSpeak software, specifically
Sections 2, 6, 11, and 12, will be handled by TeamSpeak Systems GmbH in
accordance with the laws of Kruen, Germany.

Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
sales, licensing, and billing partner for TeamSpeak software. As such,
all terms in this Agreement relating to TeamSpeak sales, billing,
compliance with licensing, including related issues such as piracy or
banning of servers, will be handled by Triton CI & Associates, Inc. in
accordance with the laws within the State of California, USA.

2. OWNERSHIP

Ownership of TeamSpeak software and any accompanying documentation shall
at all times remain with TeamSpeak Systems GmbH. This Agreement does not
constitute the sale of TeamSpeak software or any accompanying
documentation, or any portion thereof. Without limiting the generality
of the foregoing, you do not receive any rights to any patents,
copyrights, trade secrets, trademarks or other intellectual property
rights relating to TeamSpeak software or any accompanying documentation.
All rights not expressly granted to you under this Agreement are
reserved by TeamSpeak Systems GmbH.

3. DEFINITIONS

3.1 TeamSpeak Client and Server
TeamSpeak software consists of both a TeamSpeak Client and TeamSpeak
Server application. The TeamSpeak Server is the application which acts
as a host and allows two or more client connections to communicate with
one another. The TeamSpeak Client is the application which connects to
the TeamSpeak Server and contains end-user functionality which includes
initiating a data stream for voice communication with another client
connection. Sample screenshots of both the TeamSpeak Client and Server
applications can be found at http://www.teamspeak.com/?page=screenshots.

3.2 TeamSpeak Software Development Kit (TeamSpeak SDK)
TeamSpeak software may also consist of a Software Development Kit or
SDK. The TeamSpeak SDK is a set of development tools and documentation
which allows software engineers to create customized or integrated
applications typically as part of an existing product or service. The
TeamSpeak SDK includes API information, sample code, tools,
documentation, and other related items.

3.3 TeamSpeak Virtual Server
A TeamSpeak Virtual Server is any instance within the TeamSpeak Server
application (binary executable) which allows the TeamSpeak Client
application to connect. A single executed TeamSpeak Server application
(binary executable) will by default create a single Virtual Server.
However, the TeamSpeak Server application is capable of creating and
hosting multiple Virtual Servers within any single running binary
executable, where each server contains its own configuration properties
which to the end-user may appear to act as a stand-alone server.

3.4 TeamSpeak Server Slot
A TeamSpeak Server Slot (or just "slot") is utilized when a single
TeamSpeak Client connection is established to any given TeamSpeak
Virtual Server. The maximum "slots" or "slot count" can be individually
configured for each Virtual Server and defines the maximum number of
users that can simultaneously connect to that Virtual Server at any
given time. For example, a Virtual Server configured for 10 slots will
allow up to 10 simultaneous user connections before it generates a
"server full" error message to the 11th user attempting to connect to
the same Virtual Server.

3.5 Commercial Entity
A commercial entity is an individual, company, or organization which
demonstrates (typically via but not limited to a website) that it is in
business to turn a profit of any kind; be it monetary, from direct sales
or rental fees, advertising profit, or through the privileged use of
intangible goods and services.

Example of a Commercial Entity:
A hosting company or organization which charges a monthly fee for the
use of a TeamSpeak server OR a hosting company or organization which
does NOT charge a monthly fee for the use of a TeamSpeak server but
earns substantial profit from advertising, or from other products or
services of any kind.

Example of a Commercial Entity profiting from advertising:
An organization advertising for products or services offered by a
hosting company in exchange for the use of a TeamSpeak server means the
hosting company will be considered to be a commercial entity, even if
they choose not to charge anything at all for the use of any of their
TeamSpeak servers. This situation is commonly referred to as a clan or
guild "sponsorship".

Example of a Commercial Entity profiting from intangible goods:
A "payment" is made to an individual or hosting company using virtual
currency (gold, etc.) within a popular massively multiplayer online game
(MMOG) in exchange for the use of a TeamSpeak server means the
individual or hosting company will be considered to be a commercial entity.

3.6 Non-Profit Entity
A non-profit entity is an individual or organization which does NOT
utilize TeamSpeak software for profit of any kind; be it monetary, from
direct sales or rental fees, advertising profit, or intangible goods and
services.

Example 1: A clan or guild hosting a TeamSpeak server for their own
private use while complying with all terms and conditions set forth in
Section 5.1 of this Agreement.

Example 2: An individual hosting a TeamSpeak server for private use to
communicate with friends or family over the Internet while complying
with all terms and conditions set forth in Section 5.1 of this Agreement.

4. LICENSE FEES

Based on the definitions above, license fees may be applicable to
entities utilizing the TeamSpeak Server application. License fees are
NOT applicable to the TeamSpeak Client application. All Commercial
Entities using the TeamSpeak Server application for any reason must pay
a license fee, regardless of whether or not they choose to charge fees
for the use of their servers. Non-Profit Entities using the TeamSpeak
Server application do not need to pay a license fee; however, these
entities must comply with the terms and conditions set forth in the
License Types applicable to Non-Profit Entities below. If you are
uncertain as to whether you qualify as a Non-Profit Entity you must
contact Triton CI & Associates, Inc. via e-mail at sales@tritoncia.com
or via http://support.tritoncia.com.

5. LICENSE TYPES

5.1. Non-Profit License: Unregistered
This license type is for an individual or organization which is
non-profit in nature, and does not require registration on our website
nor a license key. An individual or organization operating under this
license may install and use TeamSpeak software on one or more physical
machines, without paying a license fee, provided that the following
conditions are met:
a. The individual or organization must be non-profit in nature.
TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
right to assess and determine if any individual or organization is
non-profit in nature.
b. The individual or organization may host up to 32 slots using only 1
Virtual Server for their entire operation. Exceeding the use of 32 slots
or 1 Virtual Server over multiple physical machines operated by the same
individual or organization is strictly prohibited.

5.2. Non-Profit License: Registered
This license type is for an individual or organization which is
non-profit in nature, and requires registration on our website and the
use of a license key. An individual or organization operating under this
license may install and use TeamSpeak software on one or more physical
machines, without paying a license fee, provided that the following
conditions are met:
a. The individual or organization must register their operation and
apply for this license type via Triton CI & Associates, Inc.'s website
at https://sales.tritoncia.com/users/register.php.
b. The individual or organization must be non-profit in nature.
TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
right to assess and determine if any individual or organization is
non-profit in nature.
c. The individual or organization may host up to 512 slots using a
maximum of 10 Virtual Servers for their entire operation. Any
combination of slots or Virtual Servers over multiple physical machines
is allowed, as long as the individual or organization does not exceed
512 slots or 10 Virtual Servers. This is also enforced by the license
key which is issued after the registration and approval process has been
completed.

5.3. Commercial License for ATHPs (Authorized TeamSpeak Host Providers):
Recurs Monthly
An Authorized TeamSpeak Host Provider License or ATHP License is a
license requiring recurring monthly fees. ATHP Licenses are issued to
Commercial Entities (an individual, company, or organization) which rent
TeamSpeak servers to others for profit of any kind; be it monetary, from
direct sales or rental fees, advertising profit, or through the
privileged use of intangible goods and services. ATHPs are Commercial
Entities which typically charge their customers a monthly fee for the
use of a TeamSpeak Virtual Server or include the Virtual Server as part
of other services or offerings to their customers free of charge.
Commercial Entities operating under the Authorized TeamSpeak Host
Provider License may install and use TeamSpeak software on one or more
physical machines, and must adhere to the following conditions:
a. ATHPs must register for an account on Triton CI & Associates, Inc.'s
website at https://sales.tritoncia.com/users/register.php.
b. ATHPs are subject to recurring, monthly licensing fees based on the
average slot count configured on each Virtual Server hosted by the ATHP
during the previous month (e.g. - if a Virtual Server reports being
configured for 50 Slots during 15 out of 30 days of the previous month,
the Virtual Server will be billed at 25 Slots). These licensing fees are
completely indifferent to whether or not an ATHP's customer makes use of
their Virtual Server.
c. ATHPs are billed monthly, in arrears, by Triton CI & Associates, Inc.
All invoices are typically sent on the 1st or 2nd day of every month via
email and are also posted to the ATHP's online account via Triton CI &
Associates, Inc.'s website at http://sales.tritoncia.com.
d. Payments are due 15 days after any invoice is generated (NET 15). It
is the ATHP's responsibility to ensure that their invoice is received;
whether by the primary email address registered to the ATHP's online
account or by a representative of the ATHP ensuring that the ATHP's
online account is logged into or checked each month for new invoices.
e. ATHPs who become 30 or more days past due on their invoice may have
their TeamSpeak Servers banned due to non-payment.
f. ATHPs who consistently fail to pay their invoices on time are subject
to having their account or license suspended or revoked.
g. New ATHPs acknowledge that there will be a $50 setup fee in addition
to a minimum monthly license fee of $25 for a minimum slot count of 200.
h. ATHPs acknowledge that invoices may occasionally reflect inaccurate
data due to incorrectly configured slot counts on licensed Virtual
Servers (e.g. - test servers accidentally created with high slot counts,
or duplicate data reported back to TeamSpeak Systems GmbH during data
center migrations, etc.). As such, invoices are subject to review by
both the ATHP and Triton CI & Associates, Inc. Every effort will be made
by Triton CI & Associates, Inc. to determine the best course of action
when correcting or modifying an invoice.
i. ATHPs acknowledge that slot count data for each Virtual Server hosted
by the ATHP is reported daily to TeamSpeak Systems GmbH's tracking
server located at accounting.teamspeak.com (IP 62.146.63.84) for the
purpose of tracking and billing the ATHP accordingly.
j. ATHPs may not utilize firewalls or any other tools to prevent
communication from their licensed Virtual Servers to TeamSpeak Systems
GmbH's tracking server located at accounting.teamspeak.com (IP
62.146.63.84). All outbound traffic, both TCP and UDP, must be made
available to the tracking server AND the organization must ensure that
DNS is functioning properly and is able to resolve the hostname
accounting.teamspeak.com at all times on all physical machines where
Virtual Servers are being hosted.
k. ATHPs may not alter each individual Virtual Server's slot count on a
daily basis (e.g. - via an automated script or third party utility) in
order to deliberately or otherwise alter the daily slot count
configuration data which is reported to TeamSpeak Systems GmbH's
tracking server located at accounting.teamspeak.com (IP 62.146.63.84).
l. ATHPs may allow resellers to sell their TeamSpeak Virtual Servers;
however, the ATHP must ensure that all of their Virtual Server IPs are
licensed at all times. Resellers are not required to register and
purchase a separate ATHP license for themselves as long as all Virtual
Servers sold by the reseller are licensed through the ATHP.

5.4. Commercial License: Annual Activation
A Commercial License is a license requiring annual activation.
Commercial Licenses are issued to Commercial Entities (an individual,
company, or organization) which utilize TeamSpeak servers in a
commercial environment but are not in the business of hosting or renting
servers to others for a recurring fee. Examples include, but are not
limited to, Internet Cafes or small businesses using TeamSpeak for
internal communication. Commercial Entities operating under the
Commercial License must adhere to the following conditions:
a. Commercial Entities must register for an account on Triton CI &
Associates, Inc.'s website at
https://sales.tritoncia.com/users/register.php.
b. Upon expiration of the annual licensed term, the Commercial Entity
must purchase an additional year of activation in order to continue
using TeamSpeak.
c. Commercial Entities may utilize their license on multiple physical
machines, provided the Commercial Entity abides by the limitations on
its purchased slots and the maximum number of Virtual Servers for which
they are licensed.
d. Commercial Entities cannot re-sell any portion of their licensed
slots or Virtual Servers to others for a recurring fee of any kind.

5.5 Software Development Kit Integration License or "SDK Integration
License"
A Software Development Kit Integration License or SDK Integration
License is a license which may require a one-time fee, recurring fees,
or other pre-determined fees. SDK Integration Licenses are typically
issued to Commercial Entities (an individual, company, or organization)
which utilize TeamSpeak software to create customized or integrated
applications as part of an existing product or service. Commercial
Entities operating under the SDK Integration License must adhere to the
following conditions:
a. You may use the TeamSpeak SDK with only one product at a time. Any
intent to utilize the TeamSpeak SDK with a different product will
constitute a new Agreement, and new license fees may apply.
b. You may NOT distribute, sell, lease, rent, lend, or sublicense any
part of the TeamSpeak SDK to any third party without prior written
consent from TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
c. You may NOT use the TeamSpeak SDK to design or develop software to
upload or otherwise transmit any material containing software viruses or
other computer code, files or programs designed to interrupt, destroy,
or limit the functionality of any software or hardware.
d. You may NOT represent that the programs you develop using the
TeamSpeak SDK are certified or otherwise endorsed by either TeamSpeak
Systems GmbH or Triton CI & Associates, Inc.
e. You may NOT use the TeamSpeak name or any other trademarks of
TeamSpeak Systems GmbH in connection with programs that you develop
using the TeamSpeak SDK without prior written consent from TeamSpeak
Systems GmbH or Triton CI & Associates, Inc.

6. DISTRIBUTION VIA THE INTERNET

The preferred method of distribution of TeamSpeak software over the
Internet is via TeamSpeak Systems GmbH's official website at
www.TeamSpeak.com. You may not distribute TeamSpeak software otherwise
over the Internet, unless you obtain prior written consent from
TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.

7. THIRD PARTY DISTRIBUTION PROHIBITED

Distribution of TeamSpeak software by you to third parties (e.g. -
publishers, magazines, third party products, etc.) is also hereby
expressly prohibited unless you obtain prior written consent from
TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.

8. TERMINATION
TeamSpeak Systems GmbH or Triton CI & Associates, Inc. reserves the
right to terminate your license for TeamSpeak software at any time or
for any reason. Your license may also be terminated if you are in breach
of any of the terms and conditions set forth in this Agreement. Upon
termination, you shall immediately discontinue using TeamSpeak software
and destroy all copies and related intellectual property in your
possession, custody or control.

9. BILLING
Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
sales, licensing, and billing partner for TeamSpeak software. As such,
all billing matters for Commercial Entities are handled by Triton CI &
Associates, Inc. Any inquiries relating to billing must be e-mailed to
sales@tritoncia.com or submitted via Triton CI & Associates, Inc.'s
ticket system at http://support.tritoncia.com.

10. PRICING
TeamSpeak software pricing information for Commercial Entities can be
found on Triton CI & Associates, Inc.'s website at
http://sales.tritoncia.com/pricing.php.

11. PROHIBITED CONDUCT

You represent and warrant that you will not violate any of the terms and
conditions set forth in this Agreement and that:

a. You will not: (I) reverse engineer, decompile, disassemble, derive
the source code of, modify, or create derivative works from TeamSpeak
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
expressly permitted in this Agreement.
b. You will not use TeamSpeak software to engage in or allow others to
engage in any illegal activity.
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
overburdening or disabling network resources through automated queries,
excessive usage or similar conduct.
d. You will not use TeamSpeak software to engage in any activity that
will violate the rights of third parties, including, without limitation,
through the use, public display, public performance, reproduction,
distribution, or modification of communications or materials that
infringe copyrights, trademarks, publicity rights, privacy rights, other
proprietary rights, or rights against defamation of third parties.
e. You will not transfer TeamSpeak software or utilize TeamSpeak
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.

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

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
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 &
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

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.