Merge from vendor branch TNF:

[pkgsrcv2.git] / licenses / teamspeak-license-200700213

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.