Post by King of the Dead on Jun 12, 2006 14:03:53 GMT -5
TeamSpeak End User License Agreement
THIS IS A LEGAL AGREEMENT between 'you', the end user of TeamSpeak brand software, and TeamSpeak Systems, an Essen, Germany based company.
Use of the software you are about to download or install indicates your acceptance of these terms. You also agree to accept these terms by so indicating at the appropriate screen, prior to the download or installation process. As used in this Agreement, the capitalized term 'Software' means the TeamSpeak voice communication software (either the freeware or commercial versions) together with any and all enhancements, upgrades, and updates that may be provided to you in the future by TeamSpeak Systems. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD SO INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE THE INSTALLATION AND DOWNLOAD PROCESS.
Ownership
The Software and any accompanying documentation are owned by TeamSpeak Systems and ownership of the Software shall at all times remain with TeamSpeak Systems. Copies are provided to you only to allow you to exercise your rights under this Agreement. This Agreement does not constitute a sale of the 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 or in the Software or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by TeamSpeak Systems.
Grant of License Applicable To TeamSpeak for Non-Commercial Entities
Subject to the terms and conditions set out in this Agreement, TeamSpeak Systems grants you a limited, nonexclusive, nonsublicensable, and revocable right to use the freeware version of the Software solely in accordance with the following terms and conditions:
1. Use of TeamSpeak
TeamSpeak is being distributed as Freeware. It may be freely used, copied and distributed as long as it is not sold and all original files are included, including this license. You may download and use both the TeamSpeak Client or Server applications on as many computers as you require. TeamSpeak servers are defined as ANY server upon which a connection is allowed -- be it virtual or physical. You must not exceed a total of 1000 slots on a maximum of 10 TeamSpeak servers within your organization. In addition, you must configure each of your servers to run no more than 100 slots.
2. Distribution Permitted
You may make copies of your copy of TeamSpeak to give to others provided that such copies are not modified from the original downloaded copy of TeamSpeak. You may not charge a fee for distributing copies of TeamSpeak. If a copy of TeamSpeak is distributed, TeamSpeak Systems requests that you send TeamSpeak Systems an e-mail addressed to sales@tritoncia.com notifying TeamSpeak Systems of such distribution and the identity of the person or entity receiving the copy of TeamSpeak.
3. Termination
TeamSpeak Systems may terminate your license for TeamSpeak at any time, for any reason or no reason. TeamSpeak Systems may also terminate your license in TeamSpeak if you breach any of the terms and conditions set forth in this Agreement. Upon termination, you shall immediately destroy all copies of TeamSpeak in your possession, custody or control.
4. Fees
There is no license fee for TeamSpeak for Non-Commercial Entities. If you wish to utilize TeamSpeak within a commercial environment, you will be required to pay the applicable license fees (see below).
5. Examples
Examples of Non-Commercial Entities include but are not limited to the following: a) An individual hosting a single TeamSpeak server configured to allow up to 100 slots for their online gaming clan using their home Cable/DSL connection for non-profit. b) An individual hosting 10 TeamSpeak servers with 100 slots each but does NOT ask for fees, does not advertise, or receive any sort of compensation or benefits for doing so. c) An individual that rents a dedicated server from a hosting company but does NOT ask for fees from clan members AND does NOT rent or share space to others for profit. d) A church or other non-profit organization hosting a free TeamSpeak server for online bible study discussions. e) A school hosting 1 TeamSpeak server over 10 physical machines, each configured to allow no more than 100 slots and is completely free of charge to students, allowing them to receive help with homework for their classes online. If you are uncertain as to whether your organization qualifies as a Non-Commercial Entity you must contact us via e-mail at sales@tritoncia.com.
Grant of License Applicable To TeamSpeak for Commercial Entities
Subject to the terms and conditions set out in this Agreement, TeamSpeak Systems grants you a limited, nonexclusive, nontransferable and nonsublicensable right to use the commercial version of the Software solely in accordance with the following terms and conditions:
1. Use of TeamSpeak
You may download and use TeamSpeak on multiple computers owned, leased or rented by you; however, you are the only individual with the right to use your licensed copy(ies) of TeamSpeak. All copies of TeamSpeak must include TeamSpeak Systems’s copyright notice.
2. Third Party Distribution Prohibited
Distribution of TeamSpeak by you to third parties is hereby expressly prohibited.
3. Authorized TeamSpeak Host Provider (ATHP) Licensing Fees
Authorized TeamSpeak Host Providers (ATHPs) are entities that rent TeamSpeak servers to others for profit, typically charging their customers a monthly fee. You are subject to ATHP usage based licensing fees if you charge an access or rental fee either directly, indirectly, OR via inclusion of a TeamSpeak server as part of any rental or other paid service. All ATHPs are billed in arrears based on usage information that is automatically tracked by our billing system. If you are registering to become an ATHP, you hereby acknowledge that there will be a minimum initial and ongoing charge of $14 for a 100 minimum slot count. You further acknowledge that the initial invoice generated by our billing system may reflect up to 6 months of prior usage and back-owed licensing fees may apply. Initial invoices generated may be inaccurate and are subject to review by both parties. All ATHP based licensing is 'billed in arrears'. This means that you will be billed and invoiced on the first day of each month for all hosting that occurred during the previous month, with a minimum fee of $14 for a 100 minimum slot count. Payments are due on the 15th of every month or 15 days after the initial invoice is received. ATHPs that fail to comply with our licensing requirements may have their servers suspended.
4. ATHP Examples
Examples where ATHP-based licensing applies include but are not limited to the following: a) Direct Fees - If you charge a monthly rental or usage fee for a TeamSpeak server OR channel you are subject to ATHP licensing fees. b) Indirect Fees - If you are a business entity and 'sponsor' a clan and ask them to advertise for you in return for the use of a TeamSpeak server OR channel you are subject to ATHP licensing fees. c) Inclusion Fees - Game Server Providers (GSPs) that host a TeamSpeak server OR channel to someone who is paying a monthly fee to rent a game server are subject to ATHP licensing fees.
5. Single Server Use Licensing (SSUL) Fees
SSUL is for entities that wish to use TeamSpeak in a commercial environment but are not in the business of renting servers. This is a one time (non-recurring) license fee good for 1 year of free version updates as they are made available. After the 1 year period expires, you may continue using the existing version but will not be able to upgrade without an additional upgrade fee.
6. SSUL Examples
Examples where SSUL licensing applies include but are not limited to the following: a) A company that wants to use TeamSpeak as a means of teleconferencing with co-workers to cut costs on typical long distance telephone charges. b) An ATHP that wants to use a TeamSpeak server for internal corporate communication. The TeamSpeak server MUST reside on a physical server that is not a part of the ATHPs normal customer base or server farm.
7. SSUL Upgrades
TeamSpeak Systems will provide you with free upgrades for a period that begins on the purchase date and ends 365 days later. Such upgrades will include any upgrades for TeamSpeak that are released by TeamSpeak Systems for general distribution to TeamSpeak licensees during the one year period for which you are entitled to receive free upgrades. TeamSpeak Systems has no obligation to provide you with any upgrades that are not released for general distribution to TeamSpeak Systems’s other licensees. Nothing in this Agreement shall be construed to obligate TeamSpeak Systems to provide upgrades to you under any circumstances.
8. Billing
All billing is handled by Triton CI & Associates, LLC, a California, USA based limited liability company. Any and all licensing or billing related inquiries must be e-mailed to sales@tritoncia.com.
9. Pricing
The latest pricing information can always be found at our website via the following link: sales.tritoncia.com/pricing.php For bulk rates or licensing packages not offered or shown on our website please contact us via e-mail at sales@tritoncia.com.
Prohibited Conduct
You represent and warrant that you will not violate any of the terms and conditions set forth in this Agreement and that:
You will not, and will not permit others to: (I) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Software; or (II) use, copy, modify, alter, or transfer, electronically or otherwise, the 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 the 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.
You will not use the Software to engage in or allow others to engage in any illegal activity.
You will not engage in use of the Software that will interfere with or damage the operation of the services of third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.
You will not use the 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.
You will not transfer the Software or utilize the 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.
Upgrades, Updates And Enhancements
All upgrades, updates or enhancements of the Software shall be deemed to be part of the Software and will be subject to this Agreement.
Disclaimer of Warranty
THE 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 THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEAMSPEAK SYSTEMS NOR TRITON CI & ASSOCIATES, LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE 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, LLC'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.
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 the Software or any accompanying documentation.
Term and Termination
This Agreement is effective upon your acceptance as provided herein and payment of the applicable license fees (if any), and will remain in force until terminated. You may terminate the licenses granted in this Agreement at any time by destroying the Software and any accompanying documentation, together with any and all copies thereof. 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. Upon termination, you shall immediately destroy the original and all copies of the Software and any accompanying documentation, or return them to TeamSpeak Systems.
Software Suggestions
TeamSpeak Systems welcomes suggestions for enhancing the Software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to TeamSpeak Systems’ business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of TeamSpeak Systems and may be used for its business purposes in its sole discretion without any payment or accounting to you.
Miscellaneous
This Agreement constitutes the entire agreement between the parties concerning the Software, and is subject to change by TeamSpeak Systems at any time. This Agreement shall be governed by the laws of Essen, Germany, excluding its conflict of law provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Essen, Germany and you expressly consent to the exercise of personal jurisdiction in the courts of Essen, Germany in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 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.
[shadow=green,left,300]I AGREE|DISAGREE[/shadow]
THIS IS A LEGAL AGREEMENT between 'you', the end user of TeamSpeak brand software, and TeamSpeak Systems, an Essen, Germany based company.
Use of the software you are about to download or install indicates your acceptance of these terms. You also agree to accept these terms by so indicating at the appropriate screen, prior to the download or installation process. As used in this Agreement, the capitalized term 'Software' means the TeamSpeak voice communication software (either the freeware or commercial versions) together with any and all enhancements, upgrades, and updates that may be provided to you in the future by TeamSpeak Systems. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD SO INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE THE INSTALLATION AND DOWNLOAD PROCESS.
Ownership
The Software and any accompanying documentation are owned by TeamSpeak Systems and ownership of the Software shall at all times remain with TeamSpeak Systems. Copies are provided to you only to allow you to exercise your rights under this Agreement. This Agreement does not constitute a sale of the 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 or in the Software or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by TeamSpeak Systems.
Grant of License Applicable To TeamSpeak for Non-Commercial Entities
Subject to the terms and conditions set out in this Agreement, TeamSpeak Systems grants you a limited, nonexclusive, nonsublicensable, and revocable right to use the freeware version of the Software solely in accordance with the following terms and conditions:
1. Use of TeamSpeak
TeamSpeak is being distributed as Freeware. It may be freely used, copied and distributed as long as it is not sold and all original files are included, including this license. You may download and use both the TeamSpeak Client or Server applications on as many computers as you require. TeamSpeak servers are defined as ANY server upon which a connection is allowed -- be it virtual or physical. You must not exceed a total of 1000 slots on a maximum of 10 TeamSpeak servers within your organization. In addition, you must configure each of your servers to run no more than 100 slots.
2. Distribution Permitted
You may make copies of your copy of TeamSpeak to give to others provided that such copies are not modified from the original downloaded copy of TeamSpeak. You may not charge a fee for distributing copies of TeamSpeak. If a copy of TeamSpeak is distributed, TeamSpeak Systems requests that you send TeamSpeak Systems an e-mail addressed to sales@tritoncia.com notifying TeamSpeak Systems of such distribution and the identity of the person or entity receiving the copy of TeamSpeak.
3. Termination
TeamSpeak Systems may terminate your license for TeamSpeak at any time, for any reason or no reason. TeamSpeak Systems may also terminate your license in TeamSpeak if you breach any of the terms and conditions set forth in this Agreement. Upon termination, you shall immediately destroy all copies of TeamSpeak in your possession, custody or control.
4. Fees
There is no license fee for TeamSpeak for Non-Commercial Entities. If you wish to utilize TeamSpeak within a commercial environment, you will be required to pay the applicable license fees (see below).
5. Examples
Examples of Non-Commercial Entities include but are not limited to the following: a) An individual hosting a single TeamSpeak server configured to allow up to 100 slots for their online gaming clan using their home Cable/DSL connection for non-profit. b) An individual hosting 10 TeamSpeak servers with 100 slots each but does NOT ask for fees, does not advertise, or receive any sort of compensation or benefits for doing so. c) An individual that rents a dedicated server from a hosting company but does NOT ask for fees from clan members AND does NOT rent or share space to others for profit. d) A church or other non-profit organization hosting a free TeamSpeak server for online bible study discussions. e) A school hosting 1 TeamSpeak server over 10 physical machines, each configured to allow no more than 100 slots and is completely free of charge to students, allowing them to receive help with homework for their classes online. If you are uncertain as to whether your organization qualifies as a Non-Commercial Entity you must contact us via e-mail at sales@tritoncia.com.
Grant of License Applicable To TeamSpeak for Commercial Entities
Subject to the terms and conditions set out in this Agreement, TeamSpeak Systems grants you a limited, nonexclusive, nontransferable and nonsublicensable right to use the commercial version of the Software solely in accordance with the following terms and conditions:
1. Use of TeamSpeak
You may download and use TeamSpeak on multiple computers owned, leased or rented by you; however, you are the only individual with the right to use your licensed copy(ies) of TeamSpeak. All copies of TeamSpeak must include TeamSpeak Systems’s copyright notice.
2. Third Party Distribution Prohibited
Distribution of TeamSpeak by you to third parties is hereby expressly prohibited.
3. Authorized TeamSpeak Host Provider (ATHP) Licensing Fees
Authorized TeamSpeak Host Providers (ATHPs) are entities that rent TeamSpeak servers to others for profit, typically charging their customers a monthly fee. You are subject to ATHP usage based licensing fees if you charge an access or rental fee either directly, indirectly, OR via inclusion of a TeamSpeak server as part of any rental or other paid service. All ATHPs are billed in arrears based on usage information that is automatically tracked by our billing system. If you are registering to become an ATHP, you hereby acknowledge that there will be a minimum initial and ongoing charge of $14 for a 100 minimum slot count. You further acknowledge that the initial invoice generated by our billing system may reflect up to 6 months of prior usage and back-owed licensing fees may apply. Initial invoices generated may be inaccurate and are subject to review by both parties. All ATHP based licensing is 'billed in arrears'. This means that you will be billed and invoiced on the first day of each month for all hosting that occurred during the previous month, with a minimum fee of $14 for a 100 minimum slot count. Payments are due on the 15th of every month or 15 days after the initial invoice is received. ATHPs that fail to comply with our licensing requirements may have their servers suspended.
4. ATHP Examples
Examples where ATHP-based licensing applies include but are not limited to the following: a) Direct Fees - If you charge a monthly rental or usage fee for a TeamSpeak server OR channel you are subject to ATHP licensing fees. b) Indirect Fees - If you are a business entity and 'sponsor' a clan and ask them to advertise for you in return for the use of a TeamSpeak server OR channel you are subject to ATHP licensing fees. c) Inclusion Fees - Game Server Providers (GSPs) that host a TeamSpeak server OR channel to someone who is paying a monthly fee to rent a game server are subject to ATHP licensing fees.
5. Single Server Use Licensing (SSUL) Fees
SSUL is for entities that wish to use TeamSpeak in a commercial environment but are not in the business of renting servers. This is a one time (non-recurring) license fee good for 1 year of free version updates as they are made available. After the 1 year period expires, you may continue using the existing version but will not be able to upgrade without an additional upgrade fee.
6. SSUL Examples
Examples where SSUL licensing applies include but are not limited to the following: a) A company that wants to use TeamSpeak as a means of teleconferencing with co-workers to cut costs on typical long distance telephone charges. b) An ATHP that wants to use a TeamSpeak server for internal corporate communication. The TeamSpeak server MUST reside on a physical server that is not a part of the ATHPs normal customer base or server farm.
7. SSUL Upgrades
TeamSpeak Systems will provide you with free upgrades for a period that begins on the purchase date and ends 365 days later. Such upgrades will include any upgrades for TeamSpeak that are released by TeamSpeak Systems for general distribution to TeamSpeak licensees during the one year period for which you are entitled to receive free upgrades. TeamSpeak Systems has no obligation to provide you with any upgrades that are not released for general distribution to TeamSpeak Systems’s other licensees. Nothing in this Agreement shall be construed to obligate TeamSpeak Systems to provide upgrades to you under any circumstances.
8. Billing
All billing is handled by Triton CI & Associates, LLC, a California, USA based limited liability company. Any and all licensing or billing related inquiries must be e-mailed to sales@tritoncia.com.
9. Pricing
The latest pricing information can always be found at our website via the following link: sales.tritoncia.com/pricing.php For bulk rates or licensing packages not offered or shown on our website please contact us via e-mail at sales@tritoncia.com.
Prohibited Conduct
You represent and warrant that you will not violate any of the terms and conditions set forth in this Agreement and that:
You will not, and will not permit others to: (I) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Software; or (II) use, copy, modify, alter, or transfer, electronically or otherwise, the 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 the 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.
You will not use the Software to engage in or allow others to engage in any illegal activity.
You will not engage in use of the Software that will interfere with or damage the operation of the services of third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.
You will not use the 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.
You will not transfer the Software or utilize the 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.
Upgrades, Updates And Enhancements
All upgrades, updates or enhancements of the Software shall be deemed to be part of the Software and will be subject to this Agreement.
Disclaimer of Warranty
THE 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 THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEAMSPEAK SYSTEMS NOR TRITON CI & ASSOCIATES, LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE 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, LLC'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.
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 the Software or any accompanying documentation.
Term and Termination
This Agreement is effective upon your acceptance as provided herein and payment of the applicable license fees (if any), and will remain in force until terminated. You may terminate the licenses granted in this Agreement at any time by destroying the Software and any accompanying documentation, together with any and all copies thereof. 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. Upon termination, you shall immediately destroy the original and all copies of the Software and any accompanying documentation, or return them to TeamSpeak Systems.
Software Suggestions
TeamSpeak Systems welcomes suggestions for enhancing the Software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to TeamSpeak Systems’ business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of TeamSpeak Systems and may be used for its business purposes in its sole discretion without any payment or accounting to you.
Miscellaneous
This Agreement constitutes the entire agreement between the parties concerning the Software, and is subject to change by TeamSpeak Systems at any time. This Agreement shall be governed by the laws of Essen, Germany, excluding its conflict of law provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Essen, Germany and you expressly consent to the exercise of personal jurisdiction in the courts of Essen, Germany in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 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.
[shadow=green,left,300]I AGREE|DISAGREE[/shadow]
