pkgsrc/licenses/teamspeak-license

TeamSpeak End User License Agreement
Last Updated: July 25th, 2006

THIS IS A LEGAL AGREEMENT between 'you,' the end user of TeamSpeak
brand software, and TeamSpeak Systems, an Essen, Germany based
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. 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<6D>s copyright
notice.

2. Third Party Distribution Prohibited Distribution of TeamSpeak
by you to third parties is hereby expressly prohibited.

3. Authorized TeamSpeak Host Provider (ATHP) Licensing Fees oth
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.

4. 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
<EFBFBD> If you <20>sponsor<6F> 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 <20> 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.

5. Single Server Use Licensing (SSUL) Fees SSUL is 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 as they are
made available. After the 1 year period expires, you may continue
using the existing version but will not be able to upgrade without
an additional upgrade fee.

6. SSUL Examples Examples where SSUL 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 ATHPs normal customer base or server farm.

7. SSUL 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 TeamSpeak
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<6D>s other licensees. Nothing in
this Agreement shall be construed to obligate TeamSpeak Systems to
provide upgrades to you under any circumstances.

8. Billing All billing is handled by Triton CI & Associates, LLC,
a San Diego, California, USA based limited liability company. Any
and all licensing or billing related inquiries must be e-mailed to
sales@tritoncia.com.

9. Pricing The latest pricing information can always be found at
our website via the following link: http://sales.tritoncia.com/pricing.php
For bulk rates or licensing packages not offered or shown on our
website please contact us via e-mail at sales@tritoncia.com.

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 must not exceed a total of 1000 slots
over a maximum of 10 TeamSpeak servers within your organization.
In addition, you must configure each of your servers to run no more
than 100 slots.

2. Non-Profit Organization (NPO) License If your non-commercial
entity hosts TeamSpeak servers 100% free of charge to the open pub
AND your website is free of any advertisements or Paypal donation
buttons, you may be entitled to receive a special NPO license.  In
order to qualify you must meet ALL of the following REQUIREMENTS:
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) Your website must be up and
running/active/live so we can visit the site and review its content.
d) Your entity must be large enough to require at least 1000 slots
(regardless of the number of servers).  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
in 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 <20>AS IS<49> 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<6D> 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

ny 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.