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diff --git a/licenses/teamspeak3 b/licenses/teamspeak3 deleted file mode 100644 index b68304944..000000000 --- a/licenses/teamspeak3 +++ /dev/null @@ -1,443 +0,0 @@ -TeamSpeak 3.x - End User License Agreement -Revised: February 2nd, 2010 - -THIS IS A LEGAL AGREEMENT between "you", the individual, company, or -organization utilizing TeamSpeak brand software, TeamSpeak Systems GmbH, -a Kruen, Germany based company, and Triton CI & Associates, Inc., a -California, USA based Corporation. - -USE OF TEAMSPEAK SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. - -As used in this Agreement, the term "TeamSpeak software" means TeamSpeak -version 3.x voice communication software, both client and server, as -made available from www.TeamSpeak.com together with any and all -enhancements, upgrades, or updates that may be provided to you by -TeamSpeak Systems GmbH. - -1. APPLICABLE LAW - -All terms in this Agreement relating to ownership, distribution, -prohibited conduct, or upgrades to TeamSpeak software, specifically -Sections 2, 6, 11, and 12, will be handled by TeamSpeak Systems GmbH in -accordance with the laws of Kruen, Germany. - -Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official -sales, licensing, and billing partner for TeamSpeak software. As such, -all terms in this Agreement relating to TeamSpeak sales, billing, -compliance with licensing, including related issues such as piracy or -banning of servers, will be handled by Triton CI & Associates, Inc. in -accordance with the laws within the State of California, USA. - -2. OWNERSHIP - -Ownership of TeamSpeak software and any accompanying documentation shall -at all times remain with TeamSpeak Systems GmbH. This Agreement does not -constitute the sale of TeamSpeak 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 TeamSpeak software or any accompanying documentation. -All rights not expressly granted to you under this Agreement are -reserved by TeamSpeak Systems GmbH. - -3. DEFINITIONS - -3.1 TeamSpeak Client and Server -TeamSpeak software consists of both a TeamSpeak Client and TeamSpeak -Server application. The TeamSpeak Server is the application which acts -as a host and allows two or more client connections to communicate with -one another. The TeamSpeak Client is the application which connects to -the TeamSpeak Server and contains end-user functionality which includes -initiating a data stream for voice communication with another client -connection. Sample screenshots of both the TeamSpeak Client and Server -applications can be found at http://www.teamspeak.com/?page=screenshots. - -3.2 TeamSpeak Software Development Kit (TeamSpeak SDK) -TeamSpeak software may also consist of a Software Development Kit or -SDK. The TeamSpeak SDK is a set of development tools and documentation -which allows software engineers to create customized or integrated -applications typically as part of an existing product or service. The -TeamSpeak SDK includes API information, sample code, tools, -documentation, and other related items. - -3.3 TeamSpeak Virtual Server -A TeamSpeak Virtual Server is any instance within the TeamSpeak Server -application (binary executable) which allows the TeamSpeak Client -application to connect. A single executed TeamSpeak Server application -(binary executable) will by default create a single Virtual Server. -However, the TeamSpeak Server application is capable of creating and -hosting multiple Virtual Servers within any single running binary -executable, where each server contains its own configuration properties -which to the end-user may appear to act as a stand-alone server. - -3.4 TeamSpeak Server Slot -A TeamSpeak Server Slot (or just "slot") is utilized when a single -TeamSpeak Client connection is established to any given TeamSpeak -Virtual Server. The maximum "slots" or "slot count" can be individually -configured for each Virtual Server and defines the maximum number of -users that can simultaneously connect to that Virtual Server at any -given time. For example, a Virtual Server configured for 10 slots will -allow up to 10 simultaneous user connections before it generates a -"server full" error message to the 11th user attempting to connect to -the same Virtual Server. - -3.5 Commercial Entity -A commercial entity is an individual, company, or organization which -demonstrates (typically via but not limited to a website) that it is in -business to turn a profit of any kind; be it monetary, from direct sales -or rental fees, advertising profit, or through the privileged use of -intangible goods and services. - -Example of a Commercial Entity: -A hosting company or organization which charges a monthly fee for the -use of a TeamSpeak server OR a hosting company or organization which -does NOT charge a monthly fee for the use of a TeamSpeak server but -earns substantial profit from advertising, or from other products or -services of any kind. - -Example of a Commercial Entity profiting from advertising: -An organization advertising for products or services offered by a -hosting company in exchange for the use of a TeamSpeak server means the -hosting company will be considered to be a commercial entity, even if -they choose not to charge anything at all for the use of any of their -TeamSpeak servers. This situation is commonly referred to as a clan or -guild "sponsorship". - -Example of a Commercial Entity profiting from intangible goods: -A "payment" is made to an individual or hosting company using virtual -currency (gold, etc.) within a popular massively multiplayer online game -(MMOG) in exchange for the use of a TeamSpeak server means the -individual or hosting company will be considered to be a commercial entity. - -3.6 Non-Profit Entity -A non-profit entity is an individual or organization which does NOT -utilize TeamSpeak software for profit of any kind; be it monetary, from -direct sales or rental fees, advertising profit, or intangible goods and -services. - -Example 1: A clan or guild hosting a TeamSpeak server for their own -private use while complying with all terms and conditions set forth in -Section 5.1 of this Agreement. - -Example 2: An individual hosting a TeamSpeak server for private use to -communicate with friends or family over the Internet while complying -with all terms and conditions set forth in Section 5.1 of this Agreement. - -4. LICENSE FEES - -Based on the definitions above, license fees may be applicable to -entities utilizing the TeamSpeak Server application. License fees are -NOT applicable to the TeamSpeak Client application. All Commercial -Entities using the TeamSpeak Server application for any reason must pay -a license fee, regardless of whether or not they choose to charge fees -for the use of their servers. Non-Profit Entities using the TeamSpeak -Server application do not need to pay a license fee; however, these -entities must comply with the terms and conditions set forth in the -License Types applicable to Non-Profit Entities below. If you are -uncertain as to whether you qualify as a Non-Profit Entity you must -contact Triton CI & Associates, Inc. via e-mail at sales@tritoncia.com -or via http://support.tritoncia.com. - -5. LICENSE TYPES - -5.1. Non-Profit License: Unregistered -This license type is for an individual or organization which is -non-profit in nature, and does not require registration on our website -nor a license key. An individual or organization operating under this -license may install and use TeamSpeak software on one or more physical -machines, without paying a license fee, provided that the following -conditions are met: -a. The individual or organization must be non-profit in nature. -TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the -right to assess and determine if any individual or organization is -non-profit in nature. -b. The individual or organization may host up to 32 slots using only 1 -Virtual Server for their entire operation. Exceeding the use of 32 slots -or 1 Virtual Server over multiple physical machines operated by the same -individual or organization is strictly prohibited. - -5.2. Non-Profit License: Registered -This license type is for an individual or organization which is -non-profit in nature, and requires registration on our website and the -use of a license key. An individual or organization operating under this -license may install and use TeamSpeak software on one or more physical -machines, without paying a license fee, provided that the following -conditions are met: -a. The individual or organization must register their operation and -apply for this license type via Triton CI & Associates, Inc.'s website -at https://sales.tritoncia.com/users/register.php. -b. The individual or organization must be non-profit in nature. -TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the -right to assess and determine if any individual or organization is -non-profit in nature. -c. The individual or organization may host up to 512 slots using a -maximum of 10 Virtual Servers for their entire operation. Any -combination of slots or Virtual Servers over multiple physical machines -is allowed, as long as the individual or organization does not exceed -512 slots or 10 Virtual Servers. This is also enforced by the license -key which is issued after the registration and approval process has been -completed. - -5.3. Commercial License for ATHPs (Authorized TeamSpeak Host Providers): -Recurs Monthly -An Authorized TeamSpeak Host Provider License or ATHP License is a -license requiring recurring monthly fees. ATHP Licenses are issued to -Commercial Entities (an individual, company, or organization) which rent -TeamSpeak servers to others for profit of any kind; be it monetary, from -direct sales or rental fees, advertising profit, or through the -privileged use of intangible goods and services. ATHPs are Commercial -Entities which typically charge their customers a monthly fee for the -use of a TeamSpeak Virtual Server or include the Virtual Server as part -of other services or offerings to their customers free of charge. -Commercial Entities operating under the Authorized TeamSpeak Host -Provider License may install and use TeamSpeak software on one or more -physical machines, and must adhere to the following conditions: -a. ATHPs must register for an account on Triton CI & Associates, Inc.'s -website at https://sales.tritoncia.com/users/register.php. -b. ATHPs are subject to recurring, monthly licensing fees based on the -average slot count configured on each Virtual Server hosted by the ATHP -during the previous month (e.g. - if a Virtual Server reports being -configured for 50 Slots during 15 out of 30 days of the previous month, -the Virtual Server will be billed at 25 Slots). These licensing fees are -completely indifferent to whether or not an ATHP's customer makes use of -their Virtual Server. -c. ATHPs are billed monthly, in arrears, by Triton CI & Associates, Inc. -All invoices are typically sent on the 1st or 2nd day of every month via -email and are also posted to the ATHP's online account via Triton CI & -Associates, Inc.'s website at http://sales.tritoncia.com. -d. Payments are due 15 days after any invoice is generated (NET 15). It -is the ATHP's responsibility to ensure that their invoice is received; -whether by the primary email address registered to the ATHP's online -account or by a representative of the ATHP ensuring that the ATHP's -online account is logged into or checked each month for new invoices. -e. ATHPs who become 30 or more days past due on their invoice may have -their TeamSpeak Servers banned due to non-payment. -f. ATHPs who consistently fail to pay their invoices on time are subject -to having their account or license suspended or revoked. -g. New ATHPs acknowledge that there will be a $50 setup fee in addition -to a minimum monthly license fee of $25 for a minimum slot count of 200. -h. ATHPs acknowledge that invoices may occasionally reflect inaccurate -data due to incorrectly configured slot counts on licensed Virtual -Servers (e.g. - test servers accidentally created with high slot counts, -or duplicate data reported back to TeamSpeak Systems GmbH during data -center migrations, etc.). As such, invoices are subject to review by -both the ATHP and Triton CI & Associates, Inc. Every effort will be made -by Triton CI & Associates, Inc. to determine the best course of action -when correcting or modifying an invoice. -i. ATHPs acknowledge that slot count data for each Virtual Server hosted -by the ATHP is reported daily to TeamSpeak Systems GmbH's tracking -server located at accounting.teamspeak.com (IP 62.146.63.84) for the -purpose of tracking and billing the ATHP accordingly. -j. ATHPs may not utilize firewalls or any other tools to prevent -communication from their licensed Virtual Servers to TeamSpeak Systems -GmbH's tracking server located at accounting.teamspeak.com (IP -62.146.63.84). All outbound traffic, both TCP and UDP, must be made -available to the tracking server AND the organization must ensure that -DNS is functioning properly and is able to resolve the hostname -accounting.teamspeak.com at all times on all physical machines where -Virtual Servers are being hosted. -k. ATHPs may not alter each individual Virtual Server's slot count on a -daily basis (e.g. - via an automated script or third party utility) in -order to deliberately or otherwise alter the daily slot count -configuration data which is reported to TeamSpeak Systems GmbH's -tracking server located at accounting.teamspeak.com (IP 62.146.63.84). -l. ATHPs may allow resellers to sell their TeamSpeak Virtual Servers; -however, the ATHP must ensure that all of their Virtual Server IPs are -licensed at all times. Resellers are not required to register and -purchase a separate ATHP license for themselves as long as all Virtual -Servers sold by the reseller are licensed through the ATHP. - -5.4. Commercial License: Annual Activation -A Commercial License is a license requiring annual activation. -Commercial Licenses are issued to Commercial Entities (an individual, -company, or organization) which utilize TeamSpeak servers in a -commercial environment but are not in the business of hosting or renting -servers to others for a recurring fee. Examples include, but are not -limited to, Internet Cafes or small businesses using TeamSpeak for -internal communication. Commercial Entities operating under the -Commercial License must adhere to the following conditions: -a. Commercial Entities must register for an account on Triton CI & -Associates, Inc.'s website at -https://sales.tritoncia.com/users/register.php. -b. Upon expiration of the annual licensed term, the Commercial Entity -must purchase an additional year of activation in order to continue -using TeamSpeak. -c. Commercial Entities may utilize their license on multiple physical -machines, provided the Commercial Entity abides by the limitations on -its purchased slots and the maximum number of Virtual Servers for which -they are licensed. -d. Commercial Entities cannot re-sell any portion of their licensed -slots or Virtual Servers to others for a recurring fee of any kind. - -5.5 Software Development Kit Integration License or "SDK Integration -License" -A Software Development Kit Integration License or SDK Integration -License is a license which may require a one-time fee, recurring fees, -or other pre-determined fees. SDK Integration Licenses are typically -issued to Commercial Entities (an individual, company, or organization) -which utilize TeamSpeak software to create customized or integrated -applications as part of an existing product or service. Commercial -Entities operating under the SDK Integration License must adhere to the -following conditions: -a. You may use the TeamSpeak SDK with only one product at a time. Any -intent to utilize the TeamSpeak SDK with a different product will -constitute a new Agreement, and new license fees may apply. -b. You may NOT distribute, sell, lease, rent, lend, or sublicense any -part of the TeamSpeak SDK to any third party without prior written -consent from TeamSpeak Systems GmbH or Triton CI & Associates, Inc. -c. You may NOT use the TeamSpeak SDK to design or develop software to -upload or otherwise transmit any material containing software viruses or -other computer code, files or programs designed to interrupt, destroy, -or limit the functionality of any software or hardware. -d. You may NOT represent that the programs you develop using the -TeamSpeak SDK are certified or otherwise endorsed by either TeamSpeak -Systems GmbH or Triton CI & Associates, Inc. -e. You may NOT use the TeamSpeak name or any other trademarks of -TeamSpeak Systems GmbH in connection with programs that you develop -using the TeamSpeak SDK without prior written consent from TeamSpeak -Systems GmbH or Triton CI & Associates, Inc. - -6. DISTRIBUTION VIA THE INTERNET - -The preferred method of distribution of TeamSpeak software over the -Internet is via TeamSpeak Systems GmbH's official website at -www.TeamSpeak.com. You may not distribute TeamSpeak software otherwise -over the Internet, unless you obtain prior written consent from -TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so. - -7. THIRD PARTY DISTRIBUTION PROHIBITED - -Distribution of TeamSpeak software by you to third parties (e.g. - -publishers, magazines, third party products, etc.) is also hereby -expressly prohibited unless you obtain prior written consent from -TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so. - -8. TERMINATION -TeamSpeak Systems GmbH or Triton CI & Associates, Inc. reserves the -right to terminate your license for TeamSpeak software at any time or -for any reason. Your license may also be terminated if you are in breach -of any of the terms and conditions set forth in this Agreement. Upon -termination, you shall immediately discontinue using TeamSpeak software -and destroy all copies and related intellectual property in your -possession, custody or control. - -9. BILLING -Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official -sales, licensing, and billing partner for TeamSpeak software. As such, -all billing matters for Commercial Entities are handled by Triton CI & -Associates, Inc. Any inquiries relating to billing must be e-mailed to -sales@tritoncia.com or submitted via Triton CI & Associates, Inc.'s -ticket system at http://support.tritoncia.com. - -10. PRICING -TeamSpeak software pricing information for Commercial Entities can be -found on Triton CI & Associates, Inc.'s website at -http://sales.tritoncia.com/pricing.php. - -11. PROHIBITED CONDUCT - -You represent and warrant that you will not violate any of the terms and -conditions set forth in this Agreement and that: - -a. You will not: (I) reverse engineer, decompile, disassemble, derive -the source code of, modify, or create derivative works from TeamSpeak -software; or (II) use, copy, modify, alter, or transfer, electronically -or otherwise, TeamSpeak 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 TeamSpeak 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. -b. You will not use TeamSpeak software to engage in or allow others to -engage in any illegal activity. -c. You will not engage in use of TeamSpeak software that will interfere -with or damage the operation of the services of third parties by -overburdening or disabling network resources through automated queries, -excessive usage or similar conduct. -d. You will not use TeamSpeak 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. -e. You will not transfer TeamSpeak software or utilize TeamSpeak -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 unless you obtain prior written consent from -TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so. - -12. UPGRADES, UPDATES AND ENHANCEMENTS - -All upgrades, updates or enhancements of TeamSpeak software shall be -deemed to be part of TeamSpeak software and will be subject to this -Agreement. - -13. 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 -TeamSpeak software or any accompanying documentation. - -14. TERM AND TERMINATION - -This Agreement is effective upon your acceptance as provided herein and -will remain in force until terminated. Non-Profit Entities may terminate -the licenses granted in this Agreement at any time by destroying -TeamSpeak software and any accompanying documentation, together with any -and all copies thereof. Commercial Entities may terminate the licenses -granted in this Agreement at any time by contacting Triton CI & -Associates, Inc. via e-mail at sales@tritoncia.com or via -http://support.tritoncia.com. 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 GmbH or Triton CI & Associates, Inc. - -15. SOFTWARE SUGGESTIONS - -TeamSpeak Systems GmbH welcomes suggestions for enhancing TeamSpeak -software and any accompanying documentation that may result in computer -programs, reports, presentations, documents, ideas or inventions -relating or useful to TeamSpeak Systems GmbH's business. You acknowledge -that all title, ownership rights, and intellectual property rights -concerning such suggestions shall become the exclusive property of -TeamSpeak Systems GmbH and may be used for its business purposes in its -sole discretion without any payment or accounting to you. - -16. MISCELLANEOUS - -This Agreement constitutes the entire agreement between the parties -concerning TeamSpeak software, and is subject to change by TeamSpeak -Systems GmbH or Triton CI & Associates, Inc. at any time. 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. - -17. DISCLAIMER OF WARRANTY - -TEAMSPEAK 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 TEAMSPEAK SOFTWARE IS -AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. - -18. LIMITATION OF LIABILITY - -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL -TEAMSPEAK SYSTEMS GMBH NOR TRITON CI & ASSOCIATES, INC. BE LIABLE FOR -ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT -OF THE USE OF OR INABILITY TO USE TEAMSPEAK 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, INC.'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. |