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authorabs <abs>2007-05-01 11:34:05 +0000
committerabs <abs>2007-05-01 11:34:05 +0000
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tree66b410d51e48a91c40a6af2b33dbe80807f470b1 /licenses/teamspeak-license-200700213
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downloadpkgsrc-5e944e791ca68ce993ae4431892546c6d6599f61.tar.gz
Since the Teamspeak licence has changed ensure it uses a different
name, so users have to explicitly decide to agree to the new licence. Noted by flexlmwizd.
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+TeamSpeak End User License Agreement
+Last Updated: February 13th, 2007
+
+THIS IS A LEGAL AGREEMENT between 'you', the end user of TeamSpeak
+brand software, TeamSpeak Systems, an Essen, Germany based company,
+and Triton CI & Associates LLC, a San Diego, California, USA based
+Limited Liability Company.
+
+Use of the software you are about to download or install indicates
+your acceptance of these terms. You also agree to accept these
+terms by so indicating at the appropriate screen, prior to the
+download or installation process. As used in this Agreement, the
+capitalized term 'Software' means the TeamSpeak voice communication
+software (either the freeware or commercial versions) together with
+any and all enhancements, upgrades, and updates that may be provided
+to you in the future by TeamSpeak Systems.
+
+Any terms in this agreement related to TeamSpeak product ownership,
+distribution, or modification will be handled in accordance with
+the laws of Essen, Germany. Any terms in this agreement related to
+compliance with TeamSpeak licensing, sales, or billing related
+issues will be handled in accordance with the laws of California,
+USA.
+
+IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD
+INDICATE SO AT THE BOTTOM OF THIS SCREEN AND DO NOT PROCEED.
+
+Ownership
+
+The Software and any accompanying documentation are owned by
+TeamSpeak Systems and ownership of the Software shall at all times
+remain with TeamSpeak Systems. Copies are provided to you only to
+allow you to exercise your rights under this Agreement. This
+Agreement does not constitute a sale of the 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 or in the Software or any
+accompanying documentation. All rights not expressly granted to
+you under this Agreement are reserved by TeamSpeak Systems.
+
+Grant of License Applicable To TeamSpeak for Commercial Entities
+
+Subject to the terms and conditions set forth in this Agreement,
+TeamSpeak Systems grants you a limited, non-exclusive, non-transferable
+and non-sublicensable right to use the commercial version of the
+Software solely in accordance with the following terms and conditions:
+
+1. Use of TeamSpeak
+You may download and use TeamSpeak on multiple computers owned,
+leased or rented by you; however, you are the only individual with
+the right to use your licensed copy(ies) of TeamSpeak. All copies
+of TeamSpeak must include TeamSpeak Systems' copyright notice.
+
+2. Third Party Distribution Prohibited
+Distribution of TeamSpeak by you to third parties is hereby expressly
+prohibited unless you obtain permission from TeamSpeak, in writing,
+to do so.
+
+3. Authorized TeamSpeak Host Provider (ATHP) Licensing Fees
+Authorized TeamSpeak Host Providers (ATHPs) are entities that rent
+TeamSpeak servers to others for profit of ANY kind - be it monetary,
+from direct sales, advertising profit, or intangible goods and
+services. ATHPs typically charge their customers a monthly fee OR
+include TeamSpeak as part of other services or offerings to their
+customers free of charge. You are subject to ATHP usage based
+licensing fees if you charge an access or rental fee either directly,
+indirectly, OR via inclusion of a TeamSpeak server as part of any
+rental or other paid service **REGARDLESS** of whether or not you
+choose to charge for the TeamSpeak server itself.
+
+4. ATHP Billing Cycles and Slot Count Calculation
+All ATHPs are billed in arrears based on usage information that is
+automatically tracked and reported back to us on a daily basis.
+Deliberately preventing normal communication (ie - via an outbound
+firewall) from any servers you host back to our servers for the
+purpose of allowing us to properly bill you or accurately determine
+your license status is strictly forbidden. In addition, changing
+the ServerMaxUsers setting (ie - the maximum slots or users allowed
+on the server) on a daily basis to deliberately alter our AVERAGE
+MONTHLY SLOT COUNT calculations in your favor is also strictly
+forbidden. For example, if you choose to sell a 50 slot server to
+a customer, the server MUST remain configured at 50 slots at all
+times. You may only change the ServerMaxUsers for each of your
+servers when the customer chooses to upgrade or downgrade their
+server's capacity.
+
+If you are registering to become an ATHP, you hereby acknowledge
+that there will be a $10 SETUP FEE in addition to a MINIMUM monthly
+license fee of $14 for a 100 minimum slot count. You further
+acknowledge that the initial invoice generated by our billing system
+may reflect up to 6 months of prior usage and BACK-OWED licensing
+fees may apply if you have profited from TeamSpeak in the past and
+have never been licensed. You also acknowledge and realize that
+initial invoices generated may be inaccurate and are subject to
+review by both parties. All ATHP based licensing is 'billed in
+arrears'. This means that you will be billed and invoiced on the
+first day of each month for all hosting based on AVERAGE MONTHLY
+SLOT COUNT that occurred during the previous month, with a minimum
+fee of $14 for a 100 minimum slot count. All payments are due 15
+days after you receive your invoice (NET 15). ATHPs that fail to
+comply with our licensing requirements may have their ATHP license
+revoked and/or servers suspended.
+
+5. ATHP Examples
+Examples where ATHP-based licensing applies include but are not
+limited to the following:
+
+a) Direct Fees - If you charge a monthly rental or usage fee for
+a TeamSpeak server OR channel you are subject to ATHP licensing
+fees.
+b) Indirect Fees - If you "sponsor" a clan and ask them to advertise
+for you in return for the use of a TeamSpeak server OR channel you
+are subject to ATHP licensing fees.
+c) Inclusion Fees - If you are a Game Server Provider (GSP) that
+hosts a TeamSpeak server OR channel to someone who is paying a
+monthly fee to rent a game server then you are subject to ATHP
+licensing fees REGARDLESS of whether or not you choose to charge
+for the TeamSpeak server itself.
+
+6. Single Server Use (SSU) Licensing Fees
+SSU fees are for entities that wish to use TeamSpeak in a commercial
+environment but are not in the business of renting servers. This
+is a one time (non-recurring) license fee good for 1 year of free
+version updates for the SERVER, as they are made available, for
+the EXISTING version of TeamSpeak for which the license was purchased.
+After the 1 year period expires, you may continue using the existing
+version of TeamSpeak for which you purchased the SSU license, but
+you may not be able to upgrade to the next major release version
+without an additional upgrade fee.
+
+7. SSU Examples
+Examples where SSU licensing applies include but are not limited
+to the following:
+
+a) A company that wants to use TeamSpeak as a means of teleconferencing
+with co-workers to cut costs on typical long distance telephone
+charges.
+b) An ATHP that wants to use a TeamSpeak server for internal
+corporate communication. The TeamSpeak server MUST reside on a
+physical server that is not a part of the ATHP's normal customer
+base or ATHP-licensed server farm.
+
+8. SSU Upgrades
+TeamSpeak Systems will provide you with free upgrades for a period
+that begins on the purchase date and ends 365 days later. Such
+upgrades will include any upgrades for the EXISTING version of
+TeamSpeak, for which your SSU license was purchased, that are
+released by TeamSpeak Systems for general distribution to TeamSpeak
+licensees during the one year period for which you are entitled to
+receive free upgrades. TeamSpeak Systems has no obligation to
+provide you with any upgrades that are not released for general
+distribution to TeamSpeak Systems' other licensees. Nothing in this
+Agreement shall be construed to obligate TeamSpeak Systems to
+provide upgrades to you under any circumstances.
+
+9. Billing
+All billing is handled by Triton CI & Associates. Any and all
+licensing or billing related inquiries must be e-mailed to
+sales@tritoncia.com.
+
+10. Pricing
+The latest pricing information can always be found on Triton's
+website via the following link: http://sales.tritoncia.com/pricing.php
+
+Grant of License Applicable To TeamSpeak for Non-Commercial Entities
+
+Subject to the terms and conditions set forth in this Agreement,
+TeamSpeak Systems grants you a limited, non-exclusive, non-sublicensable,
+and revocable right to use the freeware version of the Software
+solely in accordance with the following terms and conditions:
+
+1. Use of TeamSpeak
+TeamSpeak is being distributed as Freeware. It may be freely used,
+copied and distributed as long as it is not sold and all original
+files are included, including this license. You may download and
+use both the TeamSpeak Client or Server applications on as many
+computers as you require. TeamSpeak servers are defined as ANY
+server upon which a connection is allowed -- be it virtual or
+physical. You may host up to 1000 slots TOTAL within your ENTIRE
+organization. In addition, the maximum number of servers and slot
+counts configured on each server must not exceed any ONE of the
+following configurations:
+a) 10 servers, 100 slots each, for a total of 1000 slots
+b) 4 servers, 250 slots each, for a total of 1000 slots
+c) 2 servers, 500 slots each, for a total of 1000 slots
+d) 1 server, 1000 slots, for a total of 1000 slots
+
+2. Non-Profit Organization (NPO) License
+IMPORTANT: As of August 1st, 2006, the NPO license is no longer
+being offered to any organizations. We feel strongly that we already
+have sufficient organizations that have acquired an NPO license
+and we have no immediate plans to offer this license type again in
+the future.
+
+Some non-profit organizations (NPOs) may be granted a special NPO
+license which allows them to exceed the 1000 slot limit imposed by
+Section 1 above. Such organizations must remain 100% NON-PROFIT at
+all times and must be free of any advertisements, Paypal donation
+buttons, or any other form of profit of ANY kind - be it monetary,
+advertising profit, or intangible goods and services received as
+reward or compensation of any kind.
+
+In essence, licensed NPOs MUST meet ALL of the following REQUIREMENTS
+at all times:
+
+a) You must be a 100% non-profit entity. If we cannot easily
+determine this by visiting your website we may require you to
+provide us with documented proof.
+b) You cannot advertise for any sort of profit OR for any commercial
+entity at all on your website. In addition, and due to abuse, we
+also don't allow the use of Paypal buttons anywhere on your site.
+c) You are not allowed to benefit from profit of ANY kind - be it
+monetary, advertising profit, or intangible goods and services
+received as reward or compensation.
+d) Your website must be up and running/active/live so we can visit
+the site and review its content from time to time.
+e) Your entity must be large enough to require at least 1000 slots
+(regardless of the number of servers). HOWEVER, as of January 1st,
+2007, you CANNOT host more than 5000 slots TOTAL throughout your
+entire organization. If you are currently a licensed NPO and you
+are exceeding a TOTAL of 5000 slots throughout your entire
+organization, you MUST shutdown any extra servers NO LATER THAN
+January 1st, 2007.
+
+For further information please contact sales@tritoncia.com. Please
+note that a typical gaming guild or clan hosting a private TeamSpeak
+server for themselves (up to 100 slots) OR renting a server from
+an Authorized TeamSpeak Host Provider (ATHP) is NOT considered an
+NPO, will NOT qualify to receive an NPO license, and must abide by
+the terms and conditions set forth in this license agreement.
+
+3. Distribution Permitted
+You may make copies of your copy of TeamSpeak to give to others
+provided that such copies are not modified from the original
+downloaded copy of TeamSpeak. You may not charge a fee for distributing
+copies of TeamSpeak. If a copy of TeamSpeak is distributed, TeamSpeak
+Systems requests that you send TeamSpeak Systems an e-mail addressed
+to sales@tritoncia.com notifying TeamSpeak Systems of such distribution
+and the identity of the person or entity receiving the copy of
+TeamSpeak.
+
+4. Termination
+TeamSpeak Systems may terminate your license for TeamSpeak at any
+time, for any reason or no reason. TeamSpeak Systems may also
+terminate your license in TeamSpeak if you breach any of the terms
+and conditions set forth in this Agreement. Upon termination, you
+shall immediately destroy all copies of TeamSpeak in your possession,
+custody or control.
+
+5. Fees
+There is no license fee for TeamSpeak for Non-Commercial Entities.
+If you wish to utilize TeamSpeak within a commercial environment,
+you will be required to pay the applicable license fees (see below).
+
+6. Examples
+Examples of Non-Commercial Entities include but are not limited to
+the following:
+
+a) An individual hosting a single TeamSpeak server configured to
+allow up to 100 slots for their online gaming clan using their home
+Cable/DSL connection for non-profit.
+b) An individual hosting 10 TeamSpeak servers with 100 slots each
+but does NOT ask for fees, does not advertise, nor receives any
+sort of compensation or benefits for doing so.
+c) An individual that rents a dedicated server from a hosting
+company but does NOT ask for fees from clan members AND does NOT
+rent or share space with others for profit.
+d) A church or other non-profit, non-commercial organization hosting
+a free TeamSpeak server for online bible study discussions.
+e) A public or non-commercial school hosting 1 TeamSpeak server on
+10 physical machines, each configured to allow no more than 100
+slots and is completely free of charge to students, allowing them
+to receive help with homework for their classes online.
+
+If you are uncertain as to whether your organization qualifies as
+a Non-Commercial Entity you must contact us via e-mail at
+sales@tritoncia.com.
+
+Prohibited Conduct
+
+You represent and warrant that you will not violate any of the
+terms and conditions set forth in this Agreement and that:
+
+You will not, and will not permit others to: (i) reverse engineer,
+decompile, disassemble, derive the source code of, modify, or create
+derivative works from the Software; or (ii) use, copy, modify,
+alter, or transfer, electronically or otherwise, the 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 the Software whether
+n a stand-alone configuration or as incorporated with other software
+code written by any party except as expressly permitted in this
+Agreement.
+
+You will not use the Software to engage in or allow others to engage
+in any illegal activity.
+
+You will not engage in use of the Software that will interfere with
+or damage the operation of the services of third parties by
+overburdening/disabling network resources through automated queries,
+excessive usage or similar conduct.
+
+You will not use the 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.
+
+You will not transfer the Software or utilize the 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.
+
+Upgrades, Updates And Enhancements
+
+All upgrades, updates or enhancements of the Software shall be
+deemed to be part of the Software and will be subject to this
+Agreement.
+
+Disclaimer of Warranty
+
+THE 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 THE
+SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
+
+Limitation of Liability
+
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
+TEAMSPEAK SYSTEMS NOR TRITON CI & ASSOCIATES, LLC BE LIABLE FOR
+ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
+OUT OF THE USE OF OR INABILITY TO USE THE 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, LLC'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.
+
+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 the Software or any accompanying documentation.
+
+Term and Termination
+
+This Agreement is effective upon your acceptance as provided herein
+and payment of the applicable license fees (if any), and will remain
+in force until terminated. You may terminate the licenses granted
+in this Agreement at any time by destroying the Software and any
+accompanying documentation, together with any and all copies thereof.
+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. Upon termination, you shall immediately destroy the original
+and all copies of the Software and any accompanying documentation,
+or return them to TeamSpeak Systems.
+
+Software Suggestions
+
+TeamSpeak Systems welcomes suggestions for enhancing the Software
+and any accompanying documentation that may result in computer
+programs, reports, presentations, documents, ideas or inventions
+relating or useful to TeamSpeak Systems' business. You acknowledge
+that all title, ownership rights, and intellectual property rights
+concerning such suggestions shall become the exclusive property of
+TeamSpeak Systems and may be used for its business purposes in its
+sole discretion without any payment or accounting to you.
+
+Miscellaneous
+
+This Agreement constitutes the entire agreement between the parties
+concerning the Software, and is subject to change by TeamSpeak
+Systems at any time. This Agreement shall be governed by the laws
+of Essen, Germany, excluding its conflict of law provisions. All
+disputes relating to this Agreement are subject to the exclusive
+jurisdiction of the courts of Essen, Germany and you expressly
+consent to the exercise of personal jurisdiction in the courts of
+Essen, Germany in connection with any such dispute. This Agreement
+shall not be governed by the United Nations Convention on Contracts
+for the International Sale of Goods. 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.