From 85a03b96ace68056e71e5c8e54dc3b3bd0d3a2d5 Mon Sep 17 00:00:00 2001 From: Conrad Kostecki Date: Fri, 20 Apr 2018 11:07:46 +0200 Subject: licenses/teamspeak3: Update license to current version Bug: https://bugs.gentoo.org/648476 --- licenses/teamspeak3 | 1584 +++++++++++++++++++++++++++++++++++++-------------- 1 file changed, 1141 insertions(+), 443 deletions(-) (limited to 'licenses/teamspeak3') diff --git a/licenses/teamspeak3 b/licenses/teamspeak3 index b68304944d24..1f294e0cd6ac 100644 --- a/licenses/teamspeak3 +++ b/licenses/teamspeak3 @@ -1,443 +1,1141 @@ -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. +General Business Terms and customer information +TeamSpeak Systems GmbH + + +I. General Business Terms + +1. Scope + + 1.1. These General Business Terms (hereinafter referred to as "General + Business Terms" - German abbreviation - AGB]) shall apply to all contracts + between TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the + register of companies of Munich County Court under the register number HRB + 172523 (hereinafter referred to as "TeamSpeak") and the customer concerning + the services offered via the websites of TeamSpeak which can be called + under the domains teamspeak.com, teamspeakusa.com and myteamspeak.com + (hereinafter the first and the second one referred to as "TeamSpeak.com" + and the last one referred to as "Myteamspeak.com"; all of them jointly + referred to as "TeamSpeak Websites"). + 1.2. These General Business Terms shall also apply to all future services + or offers to the customer, even if they are not agreed separately once + again. + 1.3. Deviating, additional General Business Terms of the customer or which + contradict these General Business Terms will not be accepted by TeamSpeak + so that these will not be included in the contract. This shall not apply if + TeamSpeak has approved the inclusion of the customer's General Business + Terms. + +2. Capacity as an entrepreneur + + 2.1. All offers of TeamSpeak against payment are exclusively directed at + entrepreneurs within the meaning of Section 14 BGB [German Civil Code], + which order and use the services of TeamSpeak within the framework of their + independent, professional or commercial activity + 2.2. TeamSpeak will check the customer's capacity as an entrepreneur before + conclusion of the contract concerning services against payment. + 2.3. An entrepreneur is each natural person or legal entity or a + partnership with legal capacity, which acts while performing its commercial + or independent professional activity upon conclusion of a legal + transaction, here thus the conclusion of the contract with TeamSpeak. + 2.4. A consumer is each natural person, who concludes a legal transaction, + here thus the conclusion of a contract with TeamSpeak, for purposes, which + can mainly neither be attributed to their commercial, nor their independent + professional activity. + 2.5. Non-commercial grouping within the meaning of these General Business + Terms is each grouping of consumers or each legal entity, whose business + activity does not serve to generate profits, in particular legal entities, + which pursue a non-profit-making corporate purpose. + +3. Scope of contract + + 3.1. TeamSpeak is the provider of the software solutions "TeamSpeak 3" and + "TeamSpeak 3 Software Development Kit" (hereinafter referred to as + "software solutions"), which enable the customer to communicate with third + parties by speech or text as well as to exchange files. + 3.1.1 The software solution "TeamSpeak 3" enables the customer to + communicate with third parties by sharing its TeamSpeak-Server address + with said third parties. The number of third parties, to which the + communication channels can be made available, depends on the licensing + by the customer + 3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for + the integration of the technical solution for the voice transmission + and other functions such as Filetransfer, chat function, etc. in own + software solutions of the customer. + 3.2. The software solutions are offered through the following licence + models: + 3.2.1 "Unlicensed": Under the licence model "Unlicensed" the software + solutions "TeamSpeak 3" and its previous version "TeamSpeak 2" can be + used free of charge. The use of the software solution "TeamSpeak 2" is + limited to the use of a maximum of two virtual servers with up to 1000 + slots, the use of the software solution "TeamSpeak 3" to a virtual + server with up to 32 slots. The use is carried out unlimited from the + point of view of time. No feedback is given by the virtual server to + TeamSpeak. The licence model "Unlicensed" is exclusively available to + non-commercial groupings and consumers. + 3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): Under the + licence model "NPL" the software solution "TeamSpeak 3" can be used + free of charge. The use is limited here to two virtual servers with up + to 512 slots. The duration of the licence is 6 months. A sub-licensing + of slots and virtual servers to third parties is not permitted. The + licence model "NPL" is exclusively available to non-commercial + groupings and consumers. + 3.2.3 Annual Activation/ Single Server" (hereinafter referred to as + "AAL"): Under the licence model "AAL" the software solution "TeamSpeak + 3" can be used against payment. The use is carried out, depending on + the licensing chosen by the customer, between a virtual server with up + to 32 slots up to 2 virtual servers with up to 1024 slots. The duration + of the licence is one year. A sub-licensing of sots and virtual servers + to third parties is not permitted. + 3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to + as "ATHP"): Under the licence model "ATHP" the software solution + "TeamSpeak 3" can be used against payment to an unlimited extent and + virtual servers and slots can be sublicensed to third parties. The + duration of the licence is one year. + 3.2.5 Software Development Kit (hereinafter referred to as "SDK"): + Under the licence model "SDK" the software solution "TeamSpeak 3 SDK" + can be used against payment for the purpose of integration into own + software solutions of the user. The conditions of the licence model + "SDK" shall be individually adjusted to the needs of the user and + agreed.  + 3.3. TeamSpeak also mediates server places through TeamSpeak.com, which are + offered by third party providers. + 3.4. TeamSpeak provides to the customer via TeamSpeak.com the TeamSpeak + Software Client (herein after referred to as “Client”). The client is + provided for the operating systems Windows, Linux and macOS as well as for + mobile devices (iOs or Android). + 3.5. TeamSpeak operates a forum via TeamSpeak.com that enables the customer + to publish contributions regarding the services of TeamSpeak, in particular + questions, suggestions and assessments on TeamSpeak.com in the "Community" + zone. + 3.6. The customers additionally have the possibility to upload own software + programmes onto the TeamSpeak websites, which are compatible with the + software solutions of TeamSpeak (hereinafter referred to as "Add-ons") and + to offer these to third parties for downloading as well as to download the + Add-ons offered by third parties via TeamSpeak.com. + + + +A. Conclusion of Contract + +4. Conclusion of the contract with the acquisition of licences for the software + + 4.1. A contract will be concluded with TeamSpeak concerning the software + solutions of these General Business Terms as described below: + 4.1.1 "Unlicensed": The contract concerning the free use of the licence + model "Unlicensed" shall be concluded by the downloading of the + respective software solution by the customer and the fact that the + software solution is made available by TeamSpeak. + 4.1.1.1 For this purpose, the customer will press the button on + TeamSpeak.com with the inscription "Licensing Overview" and + subsequently the button displayed under the description of the + licence model "Unlicensed" with the inscription "Download". + 4.1.1.2 The customer has the possibility to download and use the + software solution without registering or otherwise having to send + data to TeamSpeak. + 4.1.1.3 A binding contract will be concluded between TeamSpeak and + the customer concerning the use of the software solution in the + licence model "Unlicensed" when the software solution is + downloaded. + 4.1.2 "NPL": The contract concerning the free use of the licence model + "NPL" shall be concluded as follows: + 4.1.2.1 The customer will press the button with the inscription + "Licensing Overview" and subsequently the button displayed under + the description of the licence model "NPL" with the inscription + "Register" on TeamSpeak.com. + 4.1.2.2 The customer will press the button on the displayed + overview with the inscription "Continue to NPL Application." and + confirm the existence of the pre-requisites of a non-commercial + grouping or the capacity as a consumer by pressing the button with + the inscription "Continue". It will additionally confirm the + licence conditions and these General Business Terms by pressing the + button with the inscription "I agree". + 4.1.2.3 By pressing the "Submit" button the customer will send an + offer for the conclusion of the contract concerning the licence + model "NPL" to TeamSpeak. Before pressing the button with the + inscription "Submit" the customer has the possibility to delete or + correct its input or to also interrupt the process by pressing the + "Back" button of its browser at all times. + 4.1.2.4 The customer will receive a confirmation e-mail from + TeamSpeak to the e-mail address entered during the registration + process, which confirms the receipt of the customer's offer by + TeamSpeak. A contract will not be concluded with the receipt of + this confirmation e-mail by the customer. + 4.1.2.5 TeamSpeak shall accept the offer of the customer by making + the software solution available for downloading. A binding contract + concerning the use of the software solution in the licence model + "NPL" is hereby concluded between TeamSpeak and the customer. + 4.1.2.6 The customer will receive a confirmation e-mail from + TeamSpeak to the e-mail address entered during the registration + process, in which the essential contents of the concluded contract + are summarised. The General Business Terms will also be sent to the + customer with this confirmation e-mail. + 4.1.3 "AAL": The contract concerning the use of the licence model "AAL" + against payment will be conclude as follows: + 4.1.3.1 The customer registers for a customer account for + TeamSpeak.com: The customer presses the button with the inscription + "Sales" and subsequently the button with the inscription "Continue + to register for an account." It will complete the displayed + registration form and send this by pressing the button with the + inscription "Register". + 4.1.3.2 The customer will receive an overview of the data entered + by it and will be given the possibility to correct or delete these + after pressing the button with the inscription "Modify" or to also + discontinue the registration process by closing the browser window + or pressing the "Back" button of the browser. + 4.1.3.3 When pressing the button with the inscription "Confirm" the + customer submits a binding offer for the conclusion of a contract + concerning the opening of its customer account + 4.1.3.4 TeamSpeak shall send a confirmation e-mail to the customer + with a confirmation link and a password. + 4.1.3.5 TeamSpeak will display the licence models offered to the + customer in the customer area of its customer account. With this + display TeamSpeak submits a binding offer for the conclusion of a + contract with the customer concerning the displayed licence models. + 4.1.3.6 The customer will select the licence "TeamSpeak 3 Annual + Activation License" requested by it in its customer account and + press the button with the inscription  ”Add”. By pressing the + button ”Add” the customer accepts the offer of TeamSpeak for the + conclusion of the contract and a binding contract will be concluded + regarding the use of the software solution in the licence model + "AAL". + 4.1.3.7 The customer will receive a confirmation e-mail from + TeamSpeak to the e-mail address entered during the registration + process, in which the essential contents of the concluded contract + are summarised.  + 4.1.4 "ATHP": The contract concerning the use of the licence model + "ATHP" against payment shall be concluded as follows: + 4.1.4.1 The customer will register for a customer account for + TeamSpeak.com. The steps of the registration are oriented to + Subclauses 4.1.3.1 to 4.1.3.4 of these General Business Terms. + 4.1.4.2 The customer will select the licence "TeamSpeak 3 ATHP + Application" requested by it in its customer account and press the + button with the inscription ”Add”. An invoice for the $50 USD + application fee will be generated. Once the customer has paid the + application fee, TeamSpeak will send an e-mail to the customer with + instructions to complete the application process (as described + below). + 4.1.4.3 The customer sends to TeamSpeak the completed application + form, the signed licence agreement, a copy of the personal identity + card or passport of a person, who is entitled to representation as + well as the application for trade registration or a business + licence or any other document which identifies the customer as an + entrepreneur within the meaning of clause 2.3 of this General + Business Terms. The documents will be sent to TeamSpeak by e-mail + to the e-mail address athps@teamspeak.com or by fax to the fax + number +1-619-600-0676. With the sending of the aforementioned + documents the customer submits a binding offer for the conclusion + of a contract. + 4.1.4.4 TeamSpeak will send a confirmation e-mail to the customer + to the e-mail address deposited in the customer account, which + confirms the receipt of the customer's offer. A contract will not + be concluded with the receipt of this confirmation e-mail. + 4.1.4.5 TeamSpeak will accept the offer of the customer by making + the software solution available for downloading in the customer + area of the customer account. A binding contract will be concluded + between the customer and TeamSpeak concerning the use of the + software solution in the licence model "ATHP" when the software + solution is made available. + 4.1.4.6 The customer will receive a confirmation e-mail from + TeamSpeak to the e-mail address entered within the framework of the + registration, in which the essential contents of the concluded + contract are summarised.  + 4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): + The contract concerning the use of the licence model "SDK" against + payment shall be concluded by the individual contract concluded with + the customer. + 4.1.5.1 The customer will contact TeamSpeak by e-mail at the e-mail + address ts3sdk@teampeak.com or bizdev@teamspeak.com or by telephone + under the number +1-619-312-6255. + 4.1.5.2 TeamSpeak will send an offer to the customer concerning the + services requested by the customer in a text form to the e-mail + address entered by the customer. With this e-mail TeamSpeak submits + a binding offer for the conclusion of a contract at the conditions + described in the e-mail. + 4.1.5.3 A binding contract concerning the use of the licence model + "SDK" will be concluded through the acceptance of the offer of + TeamSpeak by the customer in a text form. + +5. Conclusion of contract concerning the mediation of server places + + 5.1. The customer will be forwarded to the Internet presence of the third + party provider via TeamSpeak.com. + 5.2. A contract will be exclusively concluded between the customer and the + respective third party in the event of the mediation of server places + offered by a third party. + +6. Conclusion of contract concerning the licensing of the client + + 6.1. A contract concerning the licensing of the client will be concluded as + follows: + 6.1.1 The customer will press the button with the inscription + “Download” on TeamSpeak.com. The customer will be directed to a + sub-domain which shows all available versions of the Client (Windows, + Linux and macOS as well as the versions for mobile devices). + 6.1.2 The customer will select the version which fits to his needs and + will press the button with the inscription “Download” which is + displayed next to the version he has chosen.  + 6.1.3 If the customer choses the versions Windows, Linux or macOS, by + pressing the button “Download” the customer submits a binding offer for + the conclusion of the contract. A binding contract is concluded if and + when the client is successfully downloaded.  + 6.1.4 If the customer choses a version for mobile devices, the customer + will be directed to the internet-shop “Apple AppStore” (iOS) or + “Android Market” (Android). The customer gets the possibility to + download the client within the terms and conditions of the provider of + the respective shop. The customer should inform himself about these + terms and conditions in the shop of the third-party provider.  + +7.  Conclusion of contract concerning the upload and download of Add-ons + + 7.1. TeamSpeak only makes the platform available for the purpose of + uploading and downloading Add-ons. The contract concerning the use of the + respective Add-On shall be exclusively concluded between the customer, + which uploads the Add-On and the customer, which downloads the Add-On. + 7.2. In order to upload Add-ons the customer must register for a customer + account as a Developer (hereinafter referred to as "Developer Account"). + 7.3. For this purpose, the customer will press the button with the + inscription "MyTeamSpeak" and on the subsequently displayed subpage the + button with the inscription "Register". + 7.4. The customer will complete the displayed registration form with + details of an e-mail address and a password and press the button with the + inscription "Register". + 7.5. TeamSpeak will send a confirmation e-mail to the customer with a + confirmation link. + 7.6. The customer will press the confirmation link contained in the e-mail + and will be kept in its customer account under the menu item "Dashboard". + 7.7. The customer will press the button in its customer account with the + inscription "Become a developer". By entering its name and mobile phone + number the customer completes a registration form and presses the button + with the inscription "Send confirmation code". + 7.8. TeamSpeak will send a confirmation code to the mobile phone number + entered by the customer with a limited period of validity. + 7.9. The customer will enter the confirmation code in the form field + envisaged for this purpose and press the button with the inscription + "Confirm". + 7.10. In order to download Add-ons the customer does not have to register + for a customer account. The downloading is made possible free of charge on + the subpage "MyTeamSpeak" and without registration. + +8. Conclusion of a contract with the use of the forum + + 8.1. The customer shall press the button with the inscription "Forum" and + subsequently the button with the inscription "Register". + 8.2. The customer will complete the registration form displayed after + pressing the "Register" button. + 8.3. After completing the registration form the customer will press the + button with the inscription "Complete Registration". It can correct its + data at all times until the "Complete Registration" button is pressed or + discontinue the registration by closing its browser window or pressing the + "Back" button of its browser. + 8.4. The customer will receive a confirmation of receipt from TeamSpeak, + which contains a confirmation link. This confirmation of receipt does not + represent an offer for the conclusion of a contract by TeamSpeak, but + merely serves to verify the customer's data. + 8.5. The customer can press the confirmation link and then log-in to its + customer account. When pressing the confirmation link the customer submits + a binding offer concerning the free use of the forum. + 8.6. With the provision of the customer account TeamSpeak accepts the offer + of the customer so that a binding contract is concluded. + +  + +B. Special terms for the aforementioned contracts + +9. Licence fees for the software solutions  + + 9.1. Licence fees within the framework of the licence model "ATHP": + 9.1.1 A flat rate basic fee as well as use-based regular licence fees + are to be paid for the use of the software solution in the licence + model "ATHP". + 9.1.2 The basic fee is a flat rate of 50 U.S. Dollars and will be due + and payable one time upon conclusion of the contract. + 9.1.3 The amount of the recurring licence fees for the granting of the + licence in the licence model "ATHP" will be determined based on the + actual use of the number of slots per calendar day. For this purpose + the number of used slots by the virtual server will be transmitted + daily to a server operated by TeamSpeak. The customer obligates towards + TeamSpeak not to take any measures, which are suitable for preventing + this transmission or for changing the transmission result. The regular + licence fees will be due and payable ten workdays after receipt of the + invoice by the customer. + 9.1.4 A minimum licence fee shall be deemed as agreed between the + customer and TeamSpeak. For the first year in which the licence is used + this is the licence fee for a use of 200 used slots and for each + further year in which the licence is used the licence fee for a use of + 1000 used slots. If the minimum licence fee is not achieved the + customer, nevertheless, has to pay licence fees in the amount of the + minimum licence fee. + 9.2. Subject to Subclause 9.1 of these General Business Terms or a + deviating agreement between the customer and TeamSpeak the licence fees + stated in the service specifications for the respective licence model shall + be deemed as agreed. + 9.3. TeamSpeak is entitled to change the licence fees within the framework + of a further development of the software solutions or due to the adjustment + to the market situation. + 9.4. In the event of a price adjustment a list with the changed prices will + be sent to the customer in a text form. + 9.5. The customer has the possibility to terminate the licence agreement + extraordinarily without notice within a deadline of four weeks beginning + with the receipt of the notification described in Subclause 9.4 of these + General Business Terms. + 9.6. The customer has the possibility to object to the price adjustment + within a deadline of four weeks beginning with the receipt of the + notification described in Subclause 9.4 of these General Business Terms. In + the event of an objection of the customer TeamSpeak is entitled to + terminate the contract extraordinarily within a deadline of four weeks + beginning with the receipt of the objection by TeamSpeak. + +10. Price details and terms of payment concerning the licensing of the software +solutions + + 10.1. All prices or price details stated by TeamSpeak shall always concern, + even if an explicit currency detail is missing, US Dollar, insofar as not + agreed otherwise between the parties. + 10.2. All prices or price details shall be deemed plus the respective + applicable value added tax as well as public duties, which possibly + continue to be due. + 10.3. Only the payment possibilities displayed under the menu item "Pay" + are open to the customer with orders via TeamSpeak.com, whereby TeamSpeak + explicitly reserves the right to refuse a payment method selected by the + customer in the contractual offer. + 10.4. In case of orders by telephone or orders sent by e-mail, fax or post + the payment by bank transfer is agreed as payment in advance subject to a + deviating agreement, whereby the remuneration of TeamSpeak will be due and + payable upon conclusion of the contract, i.e. that the customer is obliged + to pay the remuneration in advance. + 10.5. In the event of the agreement of a payment by invoice the payment + will be due and payable within fourteen days from the time when the invoice + is received by the customer. + 10.6. TeamSpeak is entitled to only carry out or provide still outstanding + services against advance payment or provision of security if it becomes + aware of circumstances after conclusion of the contract, which are suitable + for substantially reducing the creditworthiness of the customer and through + which the payment of the outstanding receivables of TeamSpeak by the + customer from the respective contractual relationship (including from other + individual orders) is jeopardised. + +11. Termination of the contracts concerning the licensing of the software +solutions + + 11.1. The contracts have the contractual term stated in the service + specifications (hereinafter referred to as "minimum contractual term"), + i.e. + 11.1.1 The contract concerning the licence model "Unlicensed" has no + fixed contractual term. The licence model can be used by the customer + at all times as long as TeamSpeak offers this licence model. + 11.1.2 The contract concerning the licence model "NPL" has a minimum + contractual term of six months. + 11.1.3 The contract concerning the licence model "AAL" has a minimum + contractual term of twelve months. + 11.1.4 The contract concerning the licence model "ATHP" has a minimum + contractual term of twelve months. + 11.1.5 The contract concerning the licence model "SDK" has the + individually agreed minimum contractual term. + 11.2. The licence agreement can be terminated by the customer at all times + as of the end of the minimum contract term without adhering to a period of + notice. TeamSpeak can terminate the licence agreement at all times by + adhering to a period of notice in the amount of half the period of the + minimum contractual term as of the end of the minimum contractual term. + 11.3. The contract will be extended automatically by the minimum + contractual term if none of the parties terminates the contract as of the + end of the minimum contractual term. With the licence model "NPL" the + contract will only be extended automatically if the customer has used the + software solution within a period of one month before termination of the + minimum contractual term; otherwise the contract will end automatically + with the termination of the minimum contractual term. + 11.4. The right of both parties to the extraordinary termination shall + remain unaffected.  + 11.5. An extraordinary right of termination for TeamSpeak shall in + particular exist, + 11.5.1 if the customer is in default with two consecutive invoices + regarding the licence payment. + 11.5.2 if the customer repeatedly falls short of the minimum licence + fee with a contract concerning the licence model "ATHP". + 11.5.3 if, despite a warning, the customer repeatedly breaches its + obligations from the licence agreement, including these General + Business Terms, and the breaches are not insignificant. + 11.5.4 if the customer, despite a warning by TeamSpeak, repeatedly + breaches its main obligation under this contract and is responsible for + the breach. + 11.5.5 if the customer has selected the licence models "Unlicensed" or + "NPL" without having the capacity as a consumer or non-commercial + grouping or this capacity has subsequently ceased to exist. In this + case the right is reserved to assert damages. + 11.6. Each termination requires a text form. + +12. Obligations of the customer concerning the use of the client + + 12.1. The customer has the obligation and responsibility to make use of + data backups at sufficient intervals. TeamSpeak assumes no responsibility + for any loss of data resulting from a breach of this obligation. This does + not apply if TeamSpeak is responsible for the breach. + 12.2. The customer shall make use of virus protection following the latest + technical standards. + 12.3. Standard software upgrades are free of charge, if and when they + become available. The customer has the responsibility to install client + upgrades promptly after publication. Otherwise the usability of the client + may be restricted. + +13. Termination of the contracts concerning the client + + 13.1. The customer is entitled to terminate this agreement at any time by + removal of the client from all devices.  + 13.2. The mutual right for premature extraordinary termination (also + without previous notice) remains unaffected + 13.3. Any termination requires the immediate removal of the client. + +14. Publication of contributions in the forum + + 14.1. The registered customer has the possibility to publish contributions + via the customer area of its customer account in the "Forum" zone on + TeamSpeak.com. + 14.2. For the purpose of publishing a new contribution the customer will + upload the contribution by pressing the "Post New Thread" button . When + replying to the contribution of another customer the customer will press + the button with the inscription "Reply To Thread" in order to publish its + reply contribution. The contribution will be transmitted to TeamSpeak + hereby and published by TeamSpeak on TeamSpeak.com. + 14.3. TeamSpeak does not check the contributions before publication. In the + event of a reference to the unlawful nature of a contribution TeamSpeak + explicitly reserves the right to delete individual contributions. + 14.4. The customer undertakes towards TeamSpeak not to publish any + contributions, which violate the laws of the Federal Republic of Germany or + infringe the rights of third parties. + 14.5. The customer shall indemnify TeamSpeak from all rights of third + parties, which these assert against TeamSpeak owing to the publication of + contributions on TeamSpeak.com by the customer. Subject to the approval of + the customer TeamSpeak will not submit any acknowledgements or other + legally relevant declarations, which substantiate the asserted claims of + the third party. + 14.6. The indemnification obligation described in Subclause 14.5 of these + General Business Terms shall cease to apply if the circumstances which + substantiate the claims of the third party are verifiably due to a grossly + negligent or wilful misconduct of TeamSpeak. + 14.7. TeamSpeak undertakes to inform the customer immediately of the filing + of actions against it or the assertion of claims and to give it the + possibility to take over the legal defence. + +15. Termination of the user account for the forum + + 15.1. The customer has the possibility to have its customer account deleted + by TeamSpeak at all times. For this purpose the customer will send the + deletion request to TeamSpeak in a text form. A termination is also + possible towards a moderator of the forum in a text form. TeamSpeak will + delete the customer's forum account immediately after receipt of the + termination. Contributions published by the customer can be deleted or + anonymised at the discretion of TeamSpeak. The contract concerning the use + of the customer account will end with the deletion. + 15.2. TeamSpeak is entitled to terminate the contract concerning the use of + the customer account at all times by adhering to a period of notice of + three months to the end of the quarter of a calendar year. + 15.3. The right to the extraordinary termination of both parties shall + remain unaffected. A right to the extraordinary termination shall in + particular exist if the customer, despite a warning, repeatedly breaches + its obligations from Subclause 14.4 of these General Business Terms and the + breach is not insignificant. + 15.4. Each termination shall require a text form. + +16. Publication of Add-ons + + 16.1. If the customer is registered as a Developer it has the possibility + to upload Add-ons and therefore offer these to third parties for download + free of charge + 16.2. In order to upload Add-Ons the customer will press the button with + the inscription "Upload Add-ons" in the customer area of its customer + account. + The customer will transmit the Add-ons uploaded to it by pressing the + button with the inscription "Add Addon" to TeamSpeak. + 16.3. TeamSpeak publishes the Add-ons on "MyTeamSpeak". + 16.4. TeamSpeak does not check the uploaded Add-ons before publication. In + the event of a reference to the unlawful nature of an Add-On TeamSpeak + explicitly reserves the right to delete individual contributions. + 16.5. The customer undertakes towards TeamSpeak not to publish any Add-ons, + which violate the laws of the Federal Republic of Germany or infringe the + rights of third parties. + 16.6. The customer shall indemnify TeamSpeak from all rights of third + parties, which these assert against TeamSpeak owing to the publication of + Add-ons on TeamSpeak.com by the customer. Subject to the approval of the + customer TeamSpeak will not submit any acknowledgements or other legally + relevant declarations, which substantiate the asserted claims of the third + party. + 16.7. The indemnification obligation described in Subclause 16.6 of these + General Business Terms shall cease to apply if the circumstances which + substantiate the claims of the third party are verifiably due to a grossly + negligent or wilful misconduct of TeamSpeak. + 16.8. TeamSpeak undertakes to inform the customer immediately of the filing + of actions against it or the assertion of claims and to give it the + possibility to take over the legal defence. + +17. Termination of the customer account as a Developer + + 17.1. The customer has the possibility to have its customer account as + Developer deleted by TeamSpeak at all times. For this purpose the customer + will send the deletion request to TeamSpeak in a text form. TeamSpeak will + delete the customer's Developer account immediately after receipt of the + termination. Add-ons published by the customer will also be deleted + immediately. With the deletion the contract will end concerning the use of + the Developer account. + 17.2. TeamSpeak is entitled to terminate the contract concerning the use of + the Developer account at all times by adhering to a period of notice of + three months to the end of the quarter of a calendar year. + 17.3. The right to the extraordinary termination of both parties shall + remain unaffected. A right to the extraordinary termination shall in + particular exist if the customer, despite a warning, repeatedly breaches + its obligations from Subclause 16.5 of these General Business Terms and the + breach is not insignificant. + 17.4. Each termination shall require a text form. + +  + +C. General terms + +18. Warranty + + 18.1. The statutory warranty rights shall apply to consumers. + 18.2. The following provisions will apply towards entrepreneurs: + 18.2.1 The warranty rights of the customer shall become statute-barred + within one year. This shall not apply to culpably caused damages that + can be attributed to TeamSpeak from the injury to life, the body or the + health and damages caused by gross negligence or wilful intent or + fraudulent intent as well as with claims for recourse according to + Sections 478, 479 BGB. + 18.2.2 A warranty on the part of TeamSpeak is excluded insofar as the + defect was suffered due to circumstances, which TeamSpeak caused at the + explicit request of the customer. + 18.2.3 The liability for damages, irrespective of fault, for initial + defects according to Section 536a Par. 1 BGB is excluded. + +19. Liability + + 19.1. TeamSpeak shall be liable in all cases of contractual and + non-contractual liability in case of wilful intent and gross negligence + according to the statutory provisions. + 19.2. In other cases TeamSpeak shall only be liable - insofar as not + otherwise regulated in Subclause 19.3 of these General Business Terms - + with a breach of a contractual obligation, the fulfilment of which makes + the proper execution of the contract possible at all and on the compliance + with which the customer may therefore, as a rule, rely upon (so-called + cardinal obligation). The liability of TeamSpeak is excluded in all other + cases, subject to the regulation in Subclause 19.3 of these General + Business Terms. + 19.3. Insofar as TeamSpeak is fundamentally liable according to Subclause + 19.1 of these General Business Terms, this liability is limited to damages, + which TeamSpeak foresaw as a possible consequence of a breach of contract + upon conclusion of the contract or should have foreseen when applying the + customary care and attention. Indirect damages and follow-up damages, which + are the consequence of defects to the service by TeamSpeak, are in addition + only capable of compensation insofar as such damages can typically be + expected with the use of the service as intended. + 19.4. The liability of TeamSpeak for damages from the injury to life, the + body or the health and according to the German Product Liability Act shall + remain unaffected by the aforementioned liability limitations and + exclusions. + +20. Offsetting, rights of retention and assignment + + 20.1. The customer is only entitled to offset against claims against + TeamSpeak, which have been declared final and binding or are undisputed. + The same shall apply to the assertion of rights of retention. + 20.2. The assignment of claims against TeamSpeak to third parties is only + possible with the written consent of TeamSpeak. This shall in particular + also apply to an assignment of the licence granted by TeamSpeak to third + parties. + +21. Text form + + 21.1. Addendums and amendments to the reached agreements between TeamSpeak + and the customer including these General Business Terms shall require a + text form in order to be valid. + 21.2. With the exception of managing directors or authorized signatories + the employees of TeamSpeak are not entitled to reach oral agreements, which + deviate from these regulations. + +22. Applicable law and place of jurisdiction + + 22.1. German law will apply. With consumers this choice of law will only + apply insofar as the protection granted by mandatory provisions of the law + of the state of the consumer's customary place of above is not withdrawn + hereby (principle of favourability). + 22.2. The place of performance for all services from the business + relationships existing with TeamSpeak as well as the place of jurisdiction + is the registered seat of TeamSpeak, insofar as the user is not a consumer, + but a merchant, legal entity under public law or special fund under public + law. The same shall apply if the user does not have a general place of + jurisdiction in Germany or the EU or the place of residence or customary + place of abode is not known at the time when the action is filed. The + authorization to also bring the matter before the court at another + statutory place of jurisdiction, shall remain unaffected hereby. + 22.3. The provisions of the UN Convention on Contracts for the + International Sale of Goods will explicitly not apply. + +  + +II. Customer information + +1. Identity of the provider + +TeamSpeak Systems GmbH +Soiernstr. 1 +82494 Krün +Phone: +49-8825-920-2000 +E-mail: info@teamspeak.com + +2. Information regarding the conclusion of the contract + +The technical steps for the conclusion of the contract, the conclusion of the +contract itself and the possibilities for correction are carried out according +to clause B. of the General Business Terms (Part I). + +3. Contractual language, storage of contractual text + +The contractual language is German. +The full contractual text is not stored by TeamSpeak. Before sending the +respective offer the offer data can be printed out or stored electronically +through the print function of the browser. With the acceptance of the offer by +TeamSpeak the contractual data, the information stipulated by law with distance +selling contracts and the General Business Terms will be sent to the user by +e-mail once again. + +4.Essential features of the goods and services + +The essential features of the goods and services can be found in the service +specifications and the supplementary details on TeamSpeak.com. + +5.Prices and payment modalities + +All prices and payment modalities can be seen during the conclusion of the +respective contract as well as above in the General Business Terms (Part I.). + +6.Statutory right to liability for defects + +The statutory rights to liability for defects shall exist towards consumers. + +7.Term of contract, termination + +You can find information relating to the term of the contract as well as the +terms and conditions for the termination in the respective service +specifications as well as in B. of the General Business Terms. + + + + + +Privacy statement + +TeamSpeak Systems GmbH + +1. Scope + + 1.1 Please find information below concerning the collection, storage and + processing of personal data when using the websites operated by TeamSpeak + Systems GmbH under the domains teamspeak.com, teamspeakusa.com and + myteamspeak.com (hereinafter the first and the second one referred to as + "TeamSpeak.com" and the last one referred to as "Myteamspeak.com"; all of + them jointly referred to as "TeamSpeak Websites"), especially but not + restricted to the download of the software solutions "TeamSpeak 3" and + "TeamSpeak 3 Software Development Kit" (hereinafter referred to as + "software solutions"), download and use of the TeamSpeak Software Client + (for PC or for mobile devices), participation in the forum as well as the + down- and upload of own software programmes onto the TeamSpeak websites, + which are compatible with the software solutions of TeamSpeak (hereinafter + referred to as "Add-ons") as well as rent of servers. + 1.2 Personal data are all data, which can refer back to you personally, + i.e. could be associated with your person. These are in particular name, + e-mail address, address, telephone number, user behaviour, IP address, etc. + +2. Service provider + + 2.1 The service provider according to Section 13 German Telemedia Act and + the responsible body according to Section 3 Par. 7 Federal Data Protection + Act is TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the + register of companies of Munich County Court under the register number HRB + 172523 (hereinafter referred to as "TeamSpeak"). + 2.2 The TeamSpeak Websites contain links, by activating which you will be + forwarded to the websites of third parties. TeamSpeak explicitly points out + that in this case you must inform yourself on the linked website about the + collection, storage and processing of personal data by the third party + provider, as TeamSpeak has no influence on such a process. + +3. Information + + 3.1 You are entitled to request detailed information from TeamSpeak at all + times regarding the data stored and processed relating to your person as + well as their origin, the purpose of the storage and processing as well as + the recipients or categories of recipients, to whom these data are + forwarded. + 3.2 Please direct the enquiry for information by e-mail to + privacy@teamspeak.com. + +4. Revocation + + 4.1 You can revoke your consent to the storage, collection and processing + of your personal data at all times. + 4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by + e-mail, telephone, post or fax to the contact details stated in the imprint + of the TeamSpeak Websites. + +5. Use of cookies + + 5.1 Cookies are stored on your computer when using the TeamSpeak Websites, + even if the TeamSpeak Websites are used purely for informational purposes. + 5.2 Cookies are small text files, which are stored on your hard disk drive, + allocated to the browser used by you, are stored and through which certain + information is conveyed to the agency, which places the cookie. Cookies + cannot carry out any programme and, above all, not transmit any viruses to + your computer either. Cookies serve in particular to design the TeamSpeak + Websites more user-friendly. + 5.3 If you have a user account for the TeamSpeak Websites , cookies in + particular serve to identifying you for follow-up visits to the TeamSpeak + Websites. This prevents that you must log-in once again for each visit. + 5.4 The TeamSpeak Websites use the following types of cookies: + * Transient cookies, i.e. with temporary use + * Persistent cookies, i.e. with time-limited use + * Third party cookies, i.e. cookies of third party providers + 5.5 Transient cookies will be deleted as soon as you close your browser. + These shall in particular include the so-called session cookies. Session + cookies store a session-ID, with which the enquiries of your browser can be + allocated to the session so that your computer can be recognised again by + the system when you return to the TeamSpeak Websites. As soon as you + log-out or close your browser, all session cookies will be deleted + automatically. + 5.6 Persistent cookies will only be deleted after a duration that depends + on the respective cookie, which goes beyond the session, however no later + than two months after the cookie was set. You can delete these cookies + yourself at all times in the security settings of your browser. + 5.7 In your browser settings, you can adjust the use of cookies + individually and also prevent this completely. You can also completely + prevent the use of third party cookies. In this case it is, however, + possible that you will not be able to use all functions of the TeamSpeak + Websites. + 5.8 The information stored via cookies will be stored separately from your + other personal data and not linked with such data. + 5.9 TeamSpeak points out that the third party providers, which collect data + by using cookies, also use data regarding the use of the TeamSpeak Websites + for user-generated advertising on other websites. TeamSpeak has no + influence on this data collection. + +6. Informational use of the TeamSpeak Websites + + 6.1 In case of a purely informational use of the TeamSpeak Websites, + TeamSpeak will only collect the data transmitted by your browser, these + are: + * Your IP address + * Date, time and duration of your visit to the respective website of the + TeamSpeak Websites + * Your user behaviour, i.e. your visit to the TeamSpeak Websites, + subpages of the TeamSpeak Websites as well as the order of your visits, + clicks carried out as well as time spent on individual pages and + subpages + * Time zone difference to the Greenwich Mean Time + * The access status / http-status code + * Concretely transmitted data volumes + * Operating system and its interface + * Browser as well as language and version of the browser software + * The website, from which the request comes + When using a mobile device for visiting the TeamSpeak Websites the + following data will be additionally stored: + * Type of mobile device and its settings + * Your location, from where you are accessing the TeamSpeak Websites + 6.2 A purely informational use of the TeamSpeak Websites exists if you do + not register for a customer account or a forum account, do not make any + enquiry via the TeamSpeak Websites, nor download the software solutions or + the TeamSpeak Software Client or send any other information regarding your + person to TeamSpeak either. + +7. Data collection when acquiring licences for the software solutions via +TeamSpeak.com + + 7.1 If you acquire licences for the software solutions via the TeamSpeak + Websites, you must create a customer account. An order without an existing + or a customer account that is to be newly created is not possible. + 7.2 When registering for a user account your data given during the + registration process - subject to a deletion of your user account by + TeamSpeak that can be carried out at all times upon request by you - will + be stored. + 7.3 The data transmitted by you will, in particular, be used for the mutual + fulfilment of the contract. For this purpose, your data will, if + applicable, also be forwarded to the partner that is required in order to + fulfil the contract. This is, for example, the payment service provider Pay + Pal Inc., 2211 North First Street, 95131 San José, California, USA + (hereinafter referred to as "PayPal"). You will find further information + relating to the forwarding of your personal data to third parties under + Subclause 11 of this privacy statement. + 7.4 TeamSpeak additionally uses your personal data for the purpose of + marketing and advertising for the services of TeamSpeak. However, without + your separate consent information will only be send to you for this purpose + relating to services of TeamSpeak, which are similar to the services used + by you. + 7.5 You have the possibility to have your customer account deleted by us at + all times by sending a corresponding request to the e-mail address + privacy@teamspeak.com or the data provided in the imprint of the TeamSpeak + Websites. If your user account is deleted at your request your data will be + deleted immediately, as soon as they are no longer required for the mutual + fulfilment of the contract and TeamSpeak is not legally obliged to store + that data. + 7.6 In order to prevent unauthorized accesses of third parties to your + personal data, in particular financial data, the order process will be + encrypted per SSL technology. + +8. Download of the TeamSpeak Software + + 8.1 Download of the TeamSpeak Client Software + * If you choose a version for mobile devices, you will be directed to the + internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The + third party provider may collect, store and process your personal data. + Please inform yourself about the collection, storage and processing of + data by the third part provider, as TeamSpeak has no influence on such + a process. + * During the download process TeamSpeak itself does not collect, store + and process personal data in addition to that stated before. Subclauses + 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly. + * If you choose to download a version of the TeamSpeak Software Client + for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement + apply accordingly. TeamSpeak does not collect, store and process any + additional personal data from you. + 8.2 Download of the TeamSpeak Server Software + * By downloading TeamSpeak Server software via Docker, the third part may + collect, store and process personal data. Please inform yourself about + the collection, storage and processing of data by the third party + provider, as TeamSpeak has no influence on such a process. + * During the download process TeamSpeak itself does not collect, store + and process personal data in addition to that stated before. Subclauses + 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly. + * If you choose to download a version of the TeamSpeak Software Server + for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement + apply accordingly. TeamSpeak does not collect, store and process any + additional personal data from you. + +9. Special terms for the use of the TeamSpeak Software Client (PC) + + 9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC + TeamSpeak possibly collects, stores and processes the following data: + * IP address + * Used operation system and type (32 or 64 bit) + * Data about your behavior (particularly clicks, used menus) + * Crash report, if sent by the you (program line, incident, basic data of + computer hardware used) + 9.2 TeamSpeak uses this data exclusively for quality assurance as well as + further development of the software solutions and the TeamSpeak Software + Client. The data mentioned above under Subclause 9.1 of this Privacy + Statement will not be combined with other personal data stored about you. + The data will be anonymized immediately for further use. + 9.3 If you do not agree with the collection, storage and processing of the + data mentioned under clause 9.1 of this Privacy Statement you can change + the status in the field “anonymous statistics” (following the menu items + Settings - Options - Applications). + 9.4 You can revoke your consent to collect, store and process the data + mentioned under clause 9.1 of this Privacy Statement at all times. Please + send your revocation by e-mail to privacy@teamspeak.com or by e-mail, + telephone, post or fax to the contact details stated in the imprint of the + TeamSpeak Websites. All personal data, which can refer back to you + personally, will be deleted without undue delay. + 9.5 The sending of a crash-report is subject to your separate consent which + will be queried separately before you can send the report. You are not + obligated to send a crash-report. If you send a crash-report, clause 9.2 + and 9.4 of this Privacy Statement apply accordingly. + +10. Server rent + + 10.1 TeamSpeak itself does not collect, store and process any personal data + in addition to that stated before. Subclauses 5, 6 and 7.2 and 7.6 of this + privacy statement apply accordingly. + 10.2 TeamSpeak has no influence on the collection, storage and processing + of your personal data by the lessor. Please inform yourself about the + collection, storage and processing of data by the lessor. + 10.3 If you rent a server of a third party, this contract is just mediated + by TeamSpeak. + +11. Use of the forum + + 11.1 The forum can be read without this requiring a registration. In this + case it concerns a purely informational use of the TeamSpeak Websites (cf. + in this respect Subclause 6 of this privacy statement). + 11.2 In order to be able to actively participate in the forum you must + register and create a forum account. A user name, a password, your date of + birth and your e-mail address are to be entered with the registration. It + is not compulsory to use a real name, a use under a pseudonym user name is + possible. + 11.3 We use the so-called Double-Opt-In-procedure for the registration, + i.e. your registration is only completed when you have previously confirmed + your registration via a confirmation e-mail sent to you for this purpose by + clicking on the link contained therein. If your corresponding confirmation + is not carried out promptly, your registration will be automatically + deleted from our database. + 11.4 The data entered by you with the registration are stored by us and + linked with the contents published by you, which are also stored by + TeamSpeak. These data are exclusively used in order to operate the forum + and to process the contract concluded with you concerning the use of the + forum. + 11.5 You have the possibility to have your forum account deleted by us at + all times by a corresponding request to the e-mail address + privacy@teamspeak.com or the data stated in the imprint of Teamsspeak.com. + In this case the personal data stored regarding your forum account will be + deleted immediately as soon as they are no longer required for processing + the contractual relationship concerning the use of the forum and we are not + legally obliged to store said data either. Contributions published by you + will be displayed anonymised under the marking "guest" after the successful + deletion of your forum account + +12. Up- and Downloading of Add-Ons + + 12.1 In order to be able to upload Add-Ons you must register for a customer + account as a Developer (hereinafter referred to as "Developer Account"). + 12.1.1 During the registration you must submit your e-mail-address, + your name and your phone number. + 12.1.2 When registering for a developer account your data given during + the registration process - subject to a deletion of your developer + account by us that can be carried out at all times upon request by you + - will be stored. + 12.1.3 The data transmitted by you will, in particular, be used for the + mutual fulfilment of the contract as well as the assertion of claims in + the event that the Add-Ons uploaded by you violate the applicable Law + or our General Business Terms. + 12.1.4 TeamSpeak additionally uses your personal data for the purpose + of marketing and advertising for the services of TeamSpeak. However, + without your separate consent information will only be send to you for + this purpose relating to services of TeamSpeak, which are similar to + the services used by you. + 12.1.5 You have the possibility to have your developer account deleted + by us at all times by sending a corresponding request to the e-mail + address privacy@teamspeak.com or the data provided in the imprint of + the TeamSpeak Websites. If your user account is deleted at your request + your data will be deleted immediately, as soon as they are no longer + required for the mutual fulfilment of the contract and TeamSpeak is not + legally obliged to store this data. + 12.2 In order to download Add-Ons you do not have to register for a + customer account. Subclauses 5 and 6 of this privacy statement apply + accordingly. + +13. Use of the online enquiry; order by e-mail, fax or telephone + + 13.1 You also have the possibility to contact TeamSpeak online via your + customer account as well as by telephone and by e-mail. + 13.2 The data sent or entered by you within the framework of such will be + used in order to answer your enquiry and to contact you by telephone or by + e-mail for this purpose and, if applicable, for the mutual fulfilment of + the contract. If your data are also used for the purpose of the mutual + fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement + shall apply accordingly. + +14. Social networks and services of third parties + + 14.1 TeamSpeak uses social media plug-ins of the social networks Facebook, + Google+, Twitter and YouTube on the TeamSpeak Websites. + 14.2 No personal data will be transmitted to the providers of these + plug-ins without you clicking on the button of a plug-in - irrespective of + whether you place an order. + 14.3 If you press the button of a plug-in personal data will be + automatically transmitted to the provider of the plug-in and can be stored + and used by that provider. Please note that this may be carried out + overseas, i.e. in particular in the United States of America. + 14.4 TeamSpeak has no full knowledge of the type and scope of the data + collection and their use and processing and cannot exert any influence on + such processes either. + 14.5 If you activate a plug-in the plug-in provider will receive the + information that you have activated this on the respective website of the + TeamSpeak Websites or the corresponding subpage of the respective website + from the TeamSpeak Websites. In addition, the information stated in + Subclause 6 of this privacy statement will be transmitted to the plug-in + provider. According to the own information of the plug-in provider in the + case of Facebook only an anonymised IP address will be collected and + transmitted in Germany. + 14.5.1 The data collection and transmission described in Subclause 10.5 + of this privacy statement is carried out irrespective of whether you + have a user account at the respective plug-in provider or not. If you + have a user account at the respective plug-in provider and you are + logged into this user account at the time, at which you click on the + respective plug-in the data transmitted to the respective plug-in + provider will be directly allocated to your user account. If you + confirm the activated plug-in and e.g. link the page, the plug-in + provider will also store this information in your user account and can + also notify your contacts to the public. In order to prevent the + allocation to your user account at the respective plug-in provider you + should log-out from your user account at the respective plug-in + provider before clicking the plug-in on the TeamSpeak Websites. + 14.5.2 The respective plug-in provider stores the data transmitted to + it, irrespective of whether you are also logged-in to your user account + at the respective plug-in provider as a rule as user profiles, which + are used for the following purposes: + * Advertising suitable for the needs + * Market research + * Optimisation of the websites of the plug-in provider suitable for + the needs + * Information of other members of the social network about your + activities on the TeamSpeak Websites + 14.5.3 You are entitled to object to the formation of user profiles + with the data collected about you. For this purpose, please contact the + respective plug-in provider. TeamSpeak has no influence on the + compliance with your objection and is not responsible for this either. + 14.6 You can find further relevant information and regarding your rights in + this respect in the privacy statements of the plug-in providers as the + responsible bodies, which you can call as follows: + 14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California + 94304 USA - https://www.facebook.com/policy.php + 14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview, + California 94103 USA - https://www.google.com/policies/privacy/partners + /?hl=de + 14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San + Francisco, California 94103 USA - https://twitter.com/privacy?lang=de + 14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno, + CA 94066 USA - https://www.google.de/intl/de/policies/privacy/ + +15. Forwarding of data to third parties + + 15.1 TeamSpeak can forward your personal data to third parties if + contractually agreed services and conditions are offered together with the + third party provider or include its services. In this case TeamSpeak will + inform you about the transmission of the data to the third party within the + framework of the order process. + 15.2 TeamSpeak will also carry out the data processing through external + service providers. + 15.2.1 These external services providers are carefully selected by + TeamSpeak and commissioned in writing. The external service providers + involved for the data processing are bound to the instructions of + TeamSpeak and are regularly checked regarding the compliance with the + data protection and the data security. + 15.2.2 The external service providers are not entitled to forward the + data to third parties. + 15.3 TeamSpeak shall disclose personal data for the assertion of rights or + towards regulatory authorities if TeamSpeak is obliged to do so by law. + +16. Webtracking + + 16.1 TeamSpeak uses Google Analytics on the TeamSpeak Websites. Google + Analytics is a web analysis service of Google Inc., 1600 Amphitheatre + Parkway, Mountainview, California 94103 USA (hereinafter referred to as + "Google"). Google Analytics uses cookies, which are stored on your computer + and enable an analysis of your user behaviour. The information generated by + the cookie is stored by Google also overseas, in particular on a server of + Google in the United States of America. + 16.2 The TeamSpeak Websites use Google Analytics with the extension + "_anonymizeIP ()", i.e. the anonymization function of Google Analytics. + This leads to the fact that your IP address will be abbreviated before + transmission to the United States of America, as a rule by Google in a + state in the European Economic Area. + 16.3 The IP address transmitted by your browser within the framework of the + use of Google Analytics will not be converged with other data, which Google + collected about you. + 16.4 You can exclude the storage of the cookies used by Google Analytics by + excluding the use of cookies in your browser settings. In this case you can + however not use further functions of the TeamSpeak Websites either. + 16.5 You also have the possibility to exclude the entry and processing of + your personal data by Google by installing the browser plug-in that is + available under the following link: + http://tools.google.com/dlpage/gaoptout?hl=de + 16.6 The use of Google Analytics is carried out in line with the + pre-requisites which the German data protection authorities have agreed + with Google. + 16.7 You can view an overview of the data protection provisions of Google + Analytics under this link: + https://support.google.com/analytics/answer/6004245?hl=de + +17. Data security + + 17.1 TeamSpeak takes current technical measures in order to guarantee the + data security and thus in particular for the protection of your personal + data against dangers with the data transmission and the gaining of + knowledge by third parties. These measures are adjusted regularly by + TeamSpeak to the state-of-the-at technology. + 17.2 TeamSpeak will provide you information at all times regarding the data + security in the company. Please send your enquiry to privacy@teamspeak.com + or to the data referred to in the imprint of the TeamSpeak Websites. -- cgit v1.2.3-65-gdbad