Downloads TeamSpeak Endbenutzer-Lizenzvertrag
Revised: February 1st, 2013
THIS IS A LEGAL AGREEMENT between "you", the individual, company, or organization utilizing TeamSpeak brand software, TeamSpeak Systems GmbH, a Krün, Germany based company, and TeamSpeak Systems, 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 Krün, Germany.
TeamSpeak Systems, Inc. is TeamSpeak Systems GmbH's official sales, licensing, and billing entity 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 TeamSpeak Systems, Inc. in accordance with the laws within the State of California, USA.
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.
3.1 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 TeamSpeak Systems, Inc. via e-mail at [email protected] or via http://support.teamspeakusa.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:
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:
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 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 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:
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 TeamSpeak Systems, 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 TeamSpeak Systems, Inc. to do so.
TeamSpeak Systems GmbH or TeamSpeak Systems, 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.
TeamSpeak Systems, Inc. is TeamSpeak Systems GmbH's official sales, licensing, and billing entity for TeamSpeak software. As such, all billing matters for Commercial Entities are handled by TeamSpeak Systems, Inc. Any inquiries relating to billing must be e-mailed to [email protected] or submitted via TeamSpeak Systems, Inc.'s ticket system at http://support.teamspeakusa.com.
TeamSpeak software pricing information for Commercial Entities can be found on TeamSpeak Systems, Inc.'s website at http://sales.teamspeakusa.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:
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 TeamSpeak Systems, Inc. via e-mail at [email protected] or via http://support.teamspeakusa.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 TeamSpeak Systems, 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.
This Agreement constitutes the entire agreement between the parties concerning TeamSpeak software, and is subject to change by TeamSpeak Systems GmbH or TeamSpeak Systems, 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 TEAMSPEAK SYSTEMS, 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 TEAMSPEAK SYSTEMS, 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.