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diff --git a/licenses/teamspeak-license-200700213 b/licenses/teamspeak-license-200700213 new file mode 100644 index 00000000000..63305de80c6 --- /dev/null +++ b/licenses/teamspeak-license-200700213 @@ -0,0 +1,398 @@ +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. |