Re: non-free license review + question for ftp-master
Adam Cecile (Le_Vert) <gandalf@le-vert.net> writes:
> Hello,
>
> I'm working on the teamspeak client packaging and I would like you
> to review the license:
> http://www.goteamspeak.com/index.php?page=downloads&id=1a
To aid discussion and future reference, it's convention on this list
to post the text of the license under consideration. I've done so
here.
=====
TeamSpeak End User License Agreement
Last Updated: July 25th, 2006
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 INDICATE SO AT THE BOTTOM OF THIS SCREEN AND DO
NOT PROCEED.
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 Commercial Entities
Subject to the terms and conditions set forth in this Agreement,
TeamSpeak Systems grants you a limited, non-exclusive,
non-transferable and non-sublicensable 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 OR including TeamSpeak as part of other
services or offerings to their customers free of charge. 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 $10 SETUP
FEE in addition to a MINIMUM ongoing license fee 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. You also acknowledge and
realize that 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 based on AVERAGE MONTHLY SLOT
COUNT that occurred during the previous month, with a minimum fee of
$14 for a 100 minimum slot count. All payments are due 15 days after
you receive your invoice (NET 15). ATHPs that fail to comply with our
licensing requirements may have their ATHP license revoked and/or
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 “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 - If you are a Game Server Provider (GSP) that hosts
a TeamSpeak server OR channel to someone who is paying a monthly fee
to rent a game server then you are subject to ATHP licensing fees
**REGARDLESS** of whether or not you choose to charge for the
TeamSpeak server itself.
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 San Diego,
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:
http://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.
Grant of License Applicable To TeamSpeak for Non-Commercial Entities
Subject to the terms and conditions set forth in this Agreement,
TeamSpeak Systems grants you a limited, non-exclusive,
non-sublicensable, 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 over 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. Non-Profit Organization (NPO) License
If your non-commercial entity hosts TeamSpeak servers 100% free of
charge to the open pub AND your website is free of any advertisements
or Paypal donation buttons, you may be entitled to receive a special
NPO license.
In order to qualify you must meet ALL of the following REQUIREMENTS:
a) You must be a 100% non-profit entity. If we cannot easily determine
this by visiting your website we may require you to provide us with
documented proof.
b) You cannot advertise for any sort of profit OR for any commercial
entity at all on your website. In addition, and due to abuse, we also
don't allow the use of Paypal buttons anywhere on your site.
c) Your website must be up and running/active/live so we can visit the
site and review its content.
d) Your entity must be large enough to require at least 1000 slots
(regardless of the number of servers).
For further information please contact sales@tritoncia.com. Please
note that a typical gaming guild or clan hosting a private TeamSpeak
server for themselves (up to 100 slots) OR renting a server from an
Authorized TeamSpeak Host Provider (ATHP) is NOT considered an NPO,
will NOT qualify to receive an NPO license, and must abide by the
terms and conditions set forth in this license agreement.
3. 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.
4. 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.
5. 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).
6. 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, nor receives 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 with others for profit.
d) A church or other non-profit, non-commercial organization hosting a
free TeamSpeak server for online bible study discussions.
e) A public or non-commercial school hosting 1 TeamSpeak server on 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.
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.
I AGREE | DISAGREE
=====
--
\ "The whole area of [treating source code as intellectual |
`\ property] is almost assuring a customer that you are not going |
_o__) to do any innovation in the future." -- Gary Barnett |
Ben Finney
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