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diff --git a/licenses/TeamViewer b/licenses/TeamViewer deleted file mode 100644 index d704a5e2e..000000000 --- a/licenses/TeamViewer +++ /dev/null @@ -1,297 +0,0 @@ -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 |