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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+TEAMVIEWER® END-USER LICENSE AGREEMENT
+
+PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS
+END USER LICENSE AGREEMENT ("EULA”). This EULA is a legal
+agreement between you and TeamViewer GmbH (“TEAMVIEWER”) for
+the licensing and use of the TeamViewer software, which includes
+TeamViewer, TeamViewer Touch, TeamViewer Manager, TeamViewer
+Management Console, TeamViewer Portable, TeamViewer MSI Package,
+TeamViewer for iPad®, iPhone® and Android®, computer software and
+applications (“SOFTWARE”). This EULA also covers Software,
+any associated media, printed materials, and “online” or
+electronic documentation (collectively “PRODUCT”). Future
+releases of the Product may contain amendments to this EULA.
+
+BY CLICKING ‘I ACCEPT’ OR DOWNLOADING, OR OTHERWISE USING
+THE SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND
+CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS
+OF THIS EULA, PLEASE IMMEDIATELY RETURN, DELETE OR DESTROY ANY AND
+ALL COPIES OF THE SOFTWARE YOU MAY HAVE.
+
+1. LICENSE GRANT. Unless otherwise provided in the applicable
+Software documentation, TeamViewer grants you, under this EULA, a
+license to use the Product for an indefinite period of time. The
+license granted herein is non-exclusive and its scope is dependent
+on whether you use the Software for personal or commercial use.
+(i) Private Use of TeamViewer: if your use of the Software is for
+your private use, you may install the Software on private
+computers to be used in any one session at any one time; Private
+Use is use of TeamViewer for purposes that are of no commercial
+nature and for which you are neither directly nor indirectly paid
+(for more information see
+http://www.teamviewer.com/link/?url=569877) (ii) TeamViewer
+Business: you are allowed to install the Software on one computer
+and are only allowed to run up to three connections in Remote
+Control mode or have up to 15 participants in any Meeting on that
+one computer; (iii) on TeamViewer Premium: you are allowed to
+install the Software on an unlimited number of computers, out of
+all of the computers, you are only allowed to run one concurrent
+session at any time; however from a single computer you are
+allowed to establish up to 10 connections in Remote control mode
+or have up to 25 participants in any Meeting; or (iv) TeamViewer
+Corporate: you are allowed to install the Software on an unlimited
+number of computers, out of all of the computers, you are only
+allowed to run three concurrent sessions at any one time; however
+from a single computer you are allowed to establish up to 15
+connections in Remote control mode or have up to 25 participants
+in any Meeting; (v) TeamViewer Professional: The software may be
+licensed to one specified TeamViewer account. This TeamViewer
+account is accessed by a "Named User"¹ entering personal user
+data. After logging in to the TeamViewer account on any computer,
+the Named User can establish up to 10 connections in Remote
+Control mode or have up to 25 participants in any Meeting; or
+(vi) TeamViewer Enterprise: This software package may be licensed
+to three specified TeamViewer accounts. Each TeamViewer account
+is accessed by a Named User entering personal user data. After
+logging in to the TeamViewer account on any computer, the Named
+User can establish up to 10 connections in Remote Control mode or
+have up to 25 participants in any Meeting. Each Named User can
+establish up to 10 connections in Remote Control mode or have up
+to 25 participants in any Meeting. Based on the foregoing
+calculations, virtualized desktops or computers or other hardware
+running multiple operated systems shall be counted as individual
+computers towards the total count. Additional concurrent users of
+the Software will require the respective additional licenses.
+¹A "Named User" is a natural person named by the Customer, who
+has permission to use the software. This person is not entitled
+to pass on his/her log-in data to others.
+
+2. SUPPORT. In addition to your warranty claims, TeamViewer, in
+its sole determination, will provide you with support, which
+shall consist of: (i) telephone or electronic support to you in
+order to help you locate and, on your own, correct problems with
+the Product and / or (ii) supplying extensions, enhancements and
+other changes that TeamViewer may make to the Product and which
+is made publicly available, without additional charge, to other
+licensees of the Product that are enrolled in Support.
+
+3. BETA TESTING. TeamViewer can provide you with Beta test
+versions of Product “AS IS”, free of charge, and WITHOUT
+WARRANTY OF ANY KIND. Such provision is done so only for the
+purpose of assisting TeamViewer with testing functionality or
+compatibility. Should you use this test version, please provide
+TeamViewer with compelling feedback in whatever format you may
+wish, or are directed by (“CONTRIBUTION”). You expressly
+acknowledge that your participation in any beta testing is
+undertaken by you on a volunteer basis and that you shall have
+no right in the beta Product or Contribution, whether in original
+form (as provided to you) or in respect of any derivative work
+(whether or not based upon, in whole or in part, on any
+participation or feedback you may make). Notwithstanding the
+foregoing, you agree to grant to TeamViewer, free of charge, all
+rights of use in respect of your Contribution.
+
+4. RESTRICTIONS. Except as otherwise agreed in writing , you
+shall have no right and you shall not permit any third party to:
+(i) make error corrections to or otherwise modify or adapt the
+Product or decompile, decrypt, disassemble, reverse engineer or
+attempt to reconstruct or discover any source code or underlying
+ideas, algorithms, file formats or programming or interoperability
+interfaces of Product or of any files contained or generated
+using Product by any means whatsoever or otherwise reduce the
+Product to human-readable form, unless expressly permitted by law
+in each case; or (ii) circumvent or provide the method or means
+to circumvent any TMP in the Product; or (iii) use the Product in
+any manner not expressly authorised herein.
+
+5. SCOPE OF LICENSE. TeamViewer is the holder of all intellectual
+property rights in the Product, throughout the world. Please note
+that the Product may contain third-party software. With the
+license, you will be granted, according to Sec. 1, the
+non-exclusive right to use the Product, which shall constitute no
+sale. You shall be granted no furtherrights or titles in, or to,
+the Product in excess of this EULA. TeamViewer and its licensors
+retain ownership of all copies of the Product and reserves all
+rights not expressly granted to you under this EULA.
+
+6. CONSENT TO USE OF DATA. TeamViewer and you shall comply with
+the respective provisions of the applicable data protection laws.
+TeamViewer takes the protection of your personal data very
+seriously and strictly abides by the data protection laws.
+TeamViewer collects, processes and uses your data for the
+implementation and processing of the contractual relation with
+you, in particular for successfully establishing connections over
+the Internet. Beyond that, your data will not be used without
+your prior consent, in particular not for advertising purposes.
+Non-personal data may be collected automatically to offer you
+first-class service, especially to facilitate and improve the
+provision of software updates, Support, Content, TPM and other
+services.
+
+7. CONTENT UPDATES; TECHNOLOGICAL PROTECTION MEASURES
+(“TPM”). Some Products require, for optimum use and
+TeamViewer may provide to you, in a number of formats (feeds,
+definition files etc), content that is automatically,
+synchronised or updated from time to time with TeamViewer’s
+servers or systems (“CONTENT”). Such content may be
+provided for a limited time, from time to time, or in accordance
+with an applicable and valid Support agreement. The Products may
+also contain technological protection measures, for instance a
+license key or code, that prevents unlimited copying, or limit
+time of use or functionality in accordance with the type of
+license that you purchase (“TPM”). You consent that the
+Product will automatically contact TeamViewer to receive Content
+and, in addition, if and when any of the following events occur:
+(i) the Product is successfully installed by you; (ii) you fail
+to install the Product successfully; (iii) the Product has been
+successfully configured; (iv) there are changes to the
+Product’s license key or TPM; and / or (v) the Product is
+uninstalled. TeamViewer has offices worldwide and you acknowledge
+and consent that any data collected may be sent to any TeamViewer
+office or affiliate for processing, including locations outside
+of the USA and European Union. Your consent to this Section 7 is
+limited to any data not being your personal data. For any of your
+personal data collected, processed or otherwise used in
+connection with this Section 7, Section 6 applies accordingly.
+
+8. TERMINATION. You, as private user, and TeamViewer may terminate
+the present EULA at any time; otherwise, it may be terminated in
+accordance with the legal provisions. In case of termination, you
+must cease all use of the Product, destroy all copies (including
+any components) of the Product, or, at TeamViewer’s request,
+return such copies to TeamViewer. Sections 2, 5, 10, 11, 12 and
+13 of this EULA shall survive any termination of this EULA.
+
+9. EXPORT CONTROLS. You agree that the Product will not be used,
+shipped, transferred or exported into any country or to anyone:
+(i) which the EU or UN has embargoed goods; (ii) where the
+national legislation of the relevant EU Member State has
+embargoed goods; (iii) listed in any enacted Common Position on
+restrictive measures imposed by the EU; (iv) on the U.S. Treasury
+Department’s list of Specially Designated Nationals or the
+U.S. Commerce Department’s Table of Deny Orders; or (v) in any
+manner prohibited by the EU Common Foreign and Security Policy,
+the United States Export Administration Act, or any other export
+laws or regulations. By using the Product you represent that you
+are not located in, under the control of, or a national or
+resident of any such country or on any such list and you take
+full and sole responsibility for such use.
+
+10. WARRANTY. TeamViewer warrants its commercial users that the
+Product supplied will be free from defects for a period of two
+years from the date of receipt of the Product. No warranty for
+defects is provided to private users, unless such defect was
+maliciously concealed. Any supplements or updates to the Product,
+including without limitation, any (if any) service packs, patches
+or fixes provided to you are not covered by any warranty; they
+are rather provided ‘AS IS’. This warranty is personal to
+you and cannot be transferred.
+REMEDY: If a Product media defect arises and you have a valid
+claim, TeamViewer will remedy the defect by one of the following
+measures: (1) rectify the defect at no cost to you, using new or
+refurbished parts that are equivalent to new in performance and
+reliability, or (2) exchange the Product media with Product media
+that is new or refurbished, which is at least functionality
+equivalent to the original Product media, or (3) refund the
+purchase price of the original Product media subject to your
+provision of a valid receipt of purchase. The above regulations
+shall, of course, not affect any other rights that you may have
+by law. Rectification is free of charge for you.
+Warranty claims are excluded if failure of the Product has
+resulted from accident, abuse, misapplication, abnormal use, a
+virus, or use after an upgrade was made available to you.
+EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE USER
+“AS IS”. TEAMVIEWER DOES NOT WARRANT THAT THE
+SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET
+YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE
+UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL
+BE CORRECTED. TEAMVIEWER DOES NOT WARRANT THAT THE PRODUCTS WILL
+WORK WITH THIRD-PARTY PRODUCTS. FURTHERMORE, TEAMVIEWER DOES NOT
+WARRANT THAT THE PRODUCTS OR SPECIFICALLY DESIGNED VERSIONS
+THEREOF WILL CONTINUE TO BE AVAILABLE THROUGH THIRD-PARTY ONLINE
+STORES OR MARKETS OR FOR SPECIFIC DEVICES MANUFACTURED BY THIRD
+PARTIES.
+
+11. LIMITATION OF LIABILITY:
+Unless otherwise provided herein, TeamViewer shall be liable in
+case of breach of contractual and non-contractual obligations as
+provided for under applicable law.
+TeamViewer shall be liable for damages – for whatever legal
+reason – only in case of intent or gross negligence. Moreover,
+TeamViewer shall be liable for damages to commercial users also
+in case of simple negligence resulting in injury to life, body or
+health or resulting in breach of an essential contractual
+obligation; in that case, however, liability shall be limited to
+replacement of the foreseeable, typical damage.
+The above limitations of liability shall not apply if TeamViewer
+has maliciously concealed a defect or has assumed liability for
+the condition of the goods. The same shall apply to your claims
+under the Product Liability Act.
+You may terminate or rescind this EULA due to breach of obligation
+that does not constitute a defect only if TeamViewer is
+responsible for such breach of obligation. Any other ordinary
+right of termination in excess of that shall be excluded for you.
+
+12. INDEMNIFICATION. You agree to indemnify and hold TeamViewer,
+its parent, partner, or subsidiary organizations, officers,
+agents and employees, harmless from any claim, loss, demand, or
+damage, including reasonable attorneys' fees, asserted by any
+third party due to or arising out of your breach of any provision
+of this EULA, your negligent or wrongful acts, and/or your
+violation of any applicable laws.
+
+13. ENTIRE AGREEMENT. This EULA (as may be amended by time to
+time) is the entire agreement between you and TeamViewer relating
+to the Product and the Support services (if relevant) and they
+supersede all prior or contemporaneous oral or written
+communications, proposals and representations with respect to the
+Product or Support services.
+
+14. GOVERNING LAW. This EULA shall be governed by the laws of
+Germany. TeamViewer and you consent to the exclusive jurisdiction
+of the courts located in Goeppingen, Germany.
+
+15. U.S. GOVERNMENT RIGHTS. If you are obtaining software on
+behalf of any part of the United States Government, the software
+and any documentation shall be deemed "commercial software" and
+"commercial computer software documentation", respectively,
+pursuant to DFAR Section 227.7202 and FAR 12.212 and 52.227-19,
+as applicable. Any use, modification, reproduction, release,
+performance, display or disclosure of the software shall be
+governed solely by the terms of this EULA shall be prohibited
+except to the extent expressly permitted by the terms of this
+EULA.
+
+16. MISCELLANEOUS. (i) In the event this EULA is found illegal,
+invalid or unenforceable, in part (or part of any provision),
+you and TeamViewer shall agree on a provision that best reflects
+the respective clause and that is legal, valid and enforceable;
+(ii) nothing in this EULA, express or implied, is intended to, or
+shall confer upon any other person or entity any legal or
+equitable right, benefit or remedy of any nature whatsoever;
+(iii) you may assign, pledge or otherwise transfer this agreement,
+or any rights or obligations hereunder to a third party only with
+TeamViewer’s prior written approval; and (iv) paragraph
+headings are for convenience and shall have no effect or
+interpretation.
+
+17. NOTICES. All notices must be made in writing, and an email
+shall be sufficient. All notices must be addressed to:
+
+TeamViewer GmbH
+Legal Department
+C/O: General Manager
+Kuhnbergstr. 16
+73037 Goeppingen
+Germany
+Email: legal@teamviewer.com
+
+Copyright © 2012 TeamViewer GmbH. All rights reserved. All
+trademarks belong to their respective owners.
+
+Windows® is a trademark of the Microsoft group of companies.
+iPhone® and iPad® are trademarks of Apple Inc., registered in
+the U.S. and other countries. Android™ is a trademark of
+Google Inc.
+
+Revised November 2012