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