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diff --git a/licenses/teamspeak3 b/licenses/teamspeak3 new file mode 100644 index 000000000..b68304944 --- /dev/null +++ b/licenses/teamspeak3 @@ -0,0 +1,443 @@ +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. |