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As a reseller, an interest in serving a growing market is assumed on the part of TeamSpeak. For the appearance of the products of TeamSpeak and due to economic points of view issuing permanent licenses is not useful when used for fewer than slots.

Therefore, after 12 months the minimum number of slots increases to 1, If during a given month starting with the validity of the 1, slot rule in the 13th month you use fewer than the specified minimum number of slots, you shall nonetheless be charged for the minimum.

Upon termination and while a new contract is issued soon afterwards the duration of the previous contract is included in the calculation in order to prevent bypassing the 1, slot rule through termination and new contract acceptance.

The 1, slot rule applies to all ATHP licenses that were issued after Should the slot count be below as of the 13th month TeamSpeak can request information with regard to the reasons.

If no statement or comprehensible explanation is given the right to an extraordinary termination for this important reason is reserved.

The licensing fee is to be paid independent of whether or not an ATHP customer uses the virtual server. If we determine that a so-called "dynamic slot adaptation" cf.

Section I No. Your right to demonstrate damages of a lesser extent remains unaffected hereby. You hereby declare yourself in agreement that the data for the slot numbers of each virtual server hosted by an ATHP shall be transmitted daily to the TeamSpeak tracking server so that TeamSpeak can follow the extent of your use and prepare an appropriate invoice.

The basis for invoicing is the protocols on the TeamSpeak protocol servers, which ascertain the extent of your daily usage.

You hereby undertake for your part to comply with the provisions of the statutes set out in the prior sentence when using our software, in particular to properly inform third parties concerning any data collection and obtain their agreement therefor.

If data protection provisions of countries other than Germany require compliance with other mandatory regulations, then both contracting parties are obliged to comply with them.

You are not permitted to install any firewalls or any other tools that could block the communication between your virtual server and the TeamSpeak tracking servers or otherwise manipulate the protocol results.

Should violations of this duty take place, TeamSpeak is entitled to seek information from you concerning the usage that actually took place. In this regard it may prove necessary for TeamSpeak to demonstrate a higher level of damages legal expenses, expenses of a more general nature, etc.

You are also entitled to demonstrate that a lesser amount of damage has occurred. Increased usage fees are to be applied as a credit against any possible damages that must be compensated.

You are entitled to use the standard software on a monthly basis based upon payment of the monthly fee therefor, which shall be subsequently billed based on the graduation of prices that is set out on the Web site www.

If and when available, you shall receive free standard software upgrades. You are obligated to promptly install server upgrades after they are released.

The regulation with regard to the price adjustment for new versions according to II 4 remains unaffected. There is no claim for issuance of an ATHP license.

Decisions by TeamSpeak concerning whether or not to issue an ATHP license are final and neither negotiable nor actionable.

The liability for intentional acts is unlimited. In the case of simple negligence TeamSpeak is only liable up to the amount of typical damages that were foreseeable at the time of concluding the contract.

The objection of contributory negligence is open to TeamSpeak. In particular, you have the duty to keep your data secure and to maintain virus protection according to the current state of the art.

In the case of loss of life, bodily injury and impairment to health, as well as in the case of claims brought under the Product Liability Statute, the statutory provisions apply.

The software has the agreed-upon properties and quality, is suitable for the use contractually set out in this Agreement, otherwise for ordinary use, and is of the quality customary for software of this type; however, the software is not free of defects.

The following types of impaired software function do not constitute defects: those arising out of hardware defects, those relating to environmental conditions, incorrect operation, or similar matters.

An immaterial reduction in quality shall not be taken into account. In the case of defects in quality, TeamSpeak can initially undertake subsequent performance.

In this regard, TeamSpeak has a choice between elimination of the defect, through delivery of a program that does not have this defect, or by demonstrating possibilities through which the effects of the defect may be avoided.

You shall accept a new program version of equivalent value or a prior program version of equivalent value that is free of defects, unless this proves to be unreasonable.

You are to provide support to TeamSpeak in the analysis of errors and elimination of defects by specifically describing the problems that have arisen, providing TeamSpeak with comprehensive information and by granting the required amount of time and the opportunity to eliminate any defects.

TeamSpeak can also provide services through remote maintenance. You must ensure - at your own cost - that the necessary technical conditions have been met for TeamSpeak to provide help.

If necessary, you are to grant TeamSpeak access to your computer system after being provided with appropriate prior notice.

TeamSpeak can seek additional costs if the software has been modified, installed outside of the designated environment, or operated in an incorrect fashion.

You are obligated to reimburse expenses if no defect is found. An offset shall be granted for possible contributory negligence on your part.

If TeamSpeak issues a final refusal to undertake subsequent performance or if final performance fails completely, or if subsequent performance is unreasonable for you, then you may cancel this Agreement or reduce compensation in an appropriate manner and, if necessary, seek compensation for damages or reimbursement of expenses.

If the contractual relationship is terminated, you must bring your claims within a preclusive period of 3 months from the termination date.

If the contractual relationship still continues, then claims must be brought within 6 months of the time you first became aware of them.

The only permissible method for distribution of the standard software through the Internet is to do so through a link to the Internet page of TeamSpeak www.

You are only entitled to distribute the standard software over the Internet in another manner, especially by offering it for the purpose of downloading, if TeamSpeak gives you prior written consent.

If you offer the standard software for the purpose of downloading, then you are obligated to provide TeamSpeak with information about this, in particular, you must provide the records that contain the download data.

You are obligated to provide information concerning the nature and extent of use that you have authorized as well as returning the benefits of use that either you or third parties have received thereby.

This does not exclude proof of a higher level of damage for TeamSpeak legal fees, fees of a more general nature, etc. The increased usage fee shall then be used as a credit against any damages that are to be paid.

Apart from the conditions of this Agreement, you are required to obtain the prior written consent of TeamSpeak in order to hand over the standard software to third parties e.

In the event of an infringement, No. You hereby acknowledge that your rights in and to the licensed material are solely limited to the extent described above usage of the standard software in exchange for payment of fees paid at regular intervals and that you do not have any other property rights to any other aspects of the licensed material.

You are prohibited from undertaking the following activities with the exception of the limited use of an SDK , and you may not allow a third party to undertake them: a to modify or appropriate the licensed material or, b to decompile, to reassemble, to disassemble the source code or otherwise to attempt to decipher the source code of any object code or the underlying ideas, algorithms, structures and organization that is contained in the standard software.

In such instances proof of higher legal fees, expenses of a more general nature or lower damage is not excluded.

The increased usage fee is then to be deducted from the damages to be paid. This Agreement becomes effective on the date of your acceptance thereof and is to remain in force until the provisions set forth herein expire or are terminated.

TeamSpeak retains the right to terminate this Agreement and to revoke your license if you violate any of the provisions of this Agreement.

Any notice of termination is required to be at least in a text format e. All deadlines are calculated, unless determined otherwise, as of receipt by the recipient of the notice.

Below the ordinary rights of termination which exist for the individual types of contracts are outlined meaning a reason for termination is not required ; the right of both parties to extraordinary termination for importation reasons in particular violations of the contract remains unaffected: a An NPL can be revoked and respectively be terminated by TeamSpeak at any time without indicating a reason since it involves a gratuitous provision.

You have the right to terminate your use with a notice period of one month. You are entitled at any time to end the AAL within a contract year by notice of termination to be effective by the end of the current contract year.

The AAL extends itself with the first day each that follows after a contract year for that additional year, if the termination notice has not been received on the last day of the current contract year.

TeamSpeak is entitled to terminate the AAL with a notice of 3 months to be effective by the end of a contract year.

You have the right to terminate at any time with a period of one month. After this Agreement terminates, you must immediately stop the use of the licensed material and destroy all copies and associated intellectual property that are in your possession, custody, or power of disposition.

You are obligated to present TeamSpeak with a written confirmation to this effect within two weeks after termination of the Agreement, from which it follows that, to the best of your knowledge, you have taken all reasonable steps to destroy all originals and copies of the licensed materials and that these have actually been destroyed.

You shall not use the standard software in order to engage in any illegal activities and you shall also not allow third parties to misuse the standard software for illegal purposes.

You shall not use the standard software in any manner that interrupts or harms third parties in the operation of services by exhausting or deactivating network resources, as may e.

You are not to use the standard software for activities that violate any third party rights, e. Moreover, for the circumstances set out in No.

For each instance of infringement VI, Number 2 Letter f applies accordingly. Information and data that you receive from TeamSpeak and that is related to the licensed material.

Training materials and procedural documents that TeamSpeak prepared for the use or installation of the standard software hereinafter referred to collectively as " confidential information ".

Unless this Agreement expressly provides otherwise, you are not permitted to use or disclose this confidential information without the prior written consent of TeamSpeak, with the exception of employees who must be familiar with this information in order to carry out their duties in a proper fashion and only on the condition that these persons have signed written agreements that also place them under an obligation of non-disclosure and that includes rules at least as stringent as those of the applicable provisions in this section.

In addition to the obligation of non-disclosure described above, you also hereby grant the assurance that you shall carefully protect confidential information - especially source codes, as well as the methods for operating and installing standard software.

Upon termination of this Agreement or at the request of TeamSpeak all documents containing confidential information are to be returned immediately, any remaining or retained standard software or parts thereof are to be deleted and such deletions shall be confirmed to us in writing.

Your duties under this Agreement shall survive the termination of this Agreement. These obligations also apply to your representatives, successors, and assigns where applicable.

In any event, in the case of permissible disclosure to third parties, you must obligate them accordingly. Changes, additions or adjustments to this Agreement undertaken by TeamSpeak that are occasioned by unforeseeable changes that TeamSpeak does not initiate and over which TeamSpeak has no influence and that become necessary and do not disturb the principle of equivalence that existed at the time of contract conclusion to a material extent, are to be treated as binding as soon as the updated version has been published on the Web site at www.

You are under an obligation to remain informed by regularly checking the Internet site for changes to this Agreement. Should a provision of this Agreement prove to be invalid, this does not affect the validity of the remaining provisions.

To the extent permitted by statute, the invalid provision is to be replaced by a provision that comes closest to the original intent of the parties.

You agree that you will state your acceptance of the new pice list without delay but within 14 days at the latest. The new rates will become valid 14 days after receipt of the new price list, if you have agreed.

If you do not agree with the price change you can terminate the contract by sending a termination notice - which is also to be stated without delay - within a time frame of 14 days.

You are hereby granted a license to install the standard software on one or more CPUs based on the following conditions: 1. ATHPs must pay a recurring, monthly licensing fee based on the average number of slots configured on each virtual server in the preceding month example: if in the previous month a virtual server was configured to 50 slots on 15 of 30 days, then 25 slots will be billed out for this virtual server.

At the commencement of this Licensing Agreement, the minimum monthly number of slots is As a reseller, an interest in serving a growing market is assumed on the part of TeamSpeak.

For the appearance of the products of TeamSpeak and due to economic points of view issuing permanent licenses is not useful when used for fewer than slots.

Therefore, after 12 months the minimum number of slots increases to 1, If during a given month starting with the validity of the 1, slot rule in the 13th month you use fewer than the specified minimum number of slots, you shall nonetheless be charged for the minimum.

Upon termination and while a new contract is issued soon afterwards the duration of the previous contract is included in the calculation in order to prevent bypassing the 1, slot rule through termination and new contract acceptance.

The 1, slot rule applies to all ATHP licenses that were issued after Should the slot count be below as of the 13th month TeamSpeak can request information with regard to the reasons.

If no statement or comprehensible explanation is given the right to an extraordinary termination for this important reason is reserved.

The licensing fee is to be paid independent of whether or not an ATHP customer uses the virtual server. If we determine that a so-called "dynamic slot adaptation" cf.

Section I No. Your right to demonstrate damages of a lesser extent remains unaffected hereby. You hereby declare yourself in agreement that the data for the slot numbers of each virtual server hosted by an ATHP shall be transmitted daily to the TeamSpeak tracking server so that TeamSpeak can follow the extent of your use and prepare an appropriate invoice.

The basis for invoicing is the protocols on the TeamSpeak protocol servers, which ascertain the extent of your daily usage.

You hereby undertake for your part to comply with the provisions of the statutes set out in the prior sentence when using our software, in particular to properly inform third parties concerning any data collection and obtain their agreement therefor.

If data protection provisions of countries other than Germany require compliance with other mandatory regulations, then both contracting parties are obliged to comply with them.

You are not permitted to install any firewalls or any other tools that could block the communication between your virtual server and the TeamSpeak tracking servers or otherwise manipulate the protocol results.

Should violations of this duty take place, TeamSpeak is entitled to seek information from you concerning the usage that actually took place. In this regard it may prove necessary for TeamSpeak to demonstrate a higher level of damages legal expenses, expenses of a more general nature, etc.

You are also entitled to demonstrate that a lesser amount of damage has occurred. Increased usage fees are to be applied as a credit against any possible damages that must be compensated.

You are entitled to use the standard software on a monthly basis based upon payment of the monthly fee therefor, which shall be subsequently billed based on the graduation of prices that is set out on the Web site www.

If and when available, you shall receive free standard software upgrades. You are obligated to promptly install server upgrades after they are released.

The regulation with regard to the price adjustment for new versions according to II 4 remains unaffected. There is no claim for issuance of an ATHP license.

Decisions by TeamSpeak concerning whether or not to issue an ATHP license are final and neither negotiable nor actionable. The liability for intentional acts is unlimited.

In the case of simple negligence TeamSpeak is only liable up to the amount of typical damages that were foreseeable at the time of concluding the contract.

The objection of contributory negligence is open to TeamSpeak. In particular, you have the duty to keep your data secure and to maintain virus protection according to the current state of the art.

In the case of loss of life, bodily injury and impairment to health, as well as in the case of claims brought under the Product Liability Statute, the statutory provisions apply.

The software has the agreed-upon properties and quality, is suitable for the use contractually set out in this Agreement, otherwise for ordinary use, and is of the quality customary for software of this type; however, the software is not free of defects.

The following types of impaired software function do not constitute defects: those arising out of hardware defects, those relating to environmental conditions, incorrect operation, or similar matters.

An immaterial reduction in quality shall not be taken into account. In the case of defects in quality, TeamSpeak can initially undertake subsequent performance.

In this regard, TeamSpeak has a choice between elimination of the defect, through delivery of a program that does not have this defect, or by demonstrating possibilities through which the effects of the defect may be avoided.

You shall accept a new program version of equivalent value or a prior program version of equivalent value that is free of defects, unless this proves to be unreasonable.

You are to provide support to TeamSpeak in the analysis of errors and elimination of defects by specifically describing the problems that have arisen, providing TeamSpeak with comprehensive information and by granting the required amount of time and the opportunity to eliminate any defects.

TeamSpeak can also provide services through remote maintenance. You must ensure - at your own cost - that the necessary technical conditions have been met for TeamSpeak to provide help.

If necessary, you are to grant TeamSpeak access to your computer system after being provided with appropriate prior notice. TeamSpeak can seek additional costs if the software has been modified, installed outside of the designated environment, or operated in an incorrect fashion.

You are obligated to reimburse expenses if no defect is found. An offset shall be granted for possible contributory negligence on your part.

If TeamSpeak issues a final refusal to undertake subsequent performance or if final performance fails completely, or if subsequent performance is unreasonable for you, then you may cancel this Agreement or reduce compensation in an appropriate manner and, if necessary, seek compensation for damages or reimbursement of expenses.

If the contractual relationship is terminated, you must bring your claims within a preclusive period of 3 months from the termination date.

If the contractual relationship still continues, then claims must be brought within 6 months of the time you first became aware of them.

The only permissible method for distribution of the standard software through the Internet is to do so through a link to the Internet page of TeamSpeak www.

You are only entitled to distribute the standard software over the Internet in another manner, especially by offering it for the purpose of downloading, if TeamSpeak gives you prior written consent.

If you offer the standard software for the purpose of downloading, then you are obligated to provide TeamSpeak with information about this, in particular, you must provide the records that contain the download data.

You are obligated to provide information concerning the nature and extent of use that you have authorized as well as returning the benefits of use that either you or third parties have received thereby.

This does not exclude proof of a higher level of damage for TeamSpeak legal fees, fees of a more general nature, etc.

The increased usage fee shall then be used as a credit against any damages that are to be paid. Apart from the conditions of this Agreement, you are required to obtain the prior written consent of TeamSpeak in order to hand over the standard software to third parties e.

In the event of an infringement, No. You hereby acknowledge that your rights in and to the licensed material are solely limited to the extent described above usage of the standard software in exchange for payment of fees paid at regular intervals and that you do not have any other property rights to any other aspects of the licensed material.

You are prohibited from undertaking the following activities with the exception of the limited use of an SDK , and you may not allow a third party to undertake them: a to modify or appropriate the licensed material or, b to decompile, to reassemble, to disassemble the source code or otherwise to attempt to decipher the source code of any object code or the underlying ideas, algorithms, structures and organization that is contained in the standard software.

In such instances proof of higher legal fees, expenses of a more general nature or lower damage is not excluded. The increased usage fee is then to be deducted from the damages to be paid.

This Agreement becomes effective on the date of your acceptance thereof and is to remain in force until the provisions set forth herein expire or are terminated.

TeamSpeak retains the right to terminate this Agreement and to revoke your license if you violate any of the provisions of this Agreement.

Any notice of termination is required to be at least in a text format e. All deadlines are calculated, unless determined otherwise, as of receipt by the recipient of the notice.

Below the ordinary rights of termination which exist for the individual types of contracts are outlined meaning a reason for termination is not required ; the right of both parties to extraordinary termination for importation reasons in particular violations of the contract remains unaffected: a An NPL can be revoked and respectively be terminated by TeamSpeak at any time without indicating a reason since it involves a gratuitous provision.

You have the right to terminate your use with a notice period of one month. You are entitled at any time to end the AAL within a contract year by notice of termination to be effective by the end of the current contract year.

The AAL extends itself with the first day each that follows after a contract year for that additional year, if the termination notice has not been received on the last day of the current contract year.

TeamSpeak is entitled to terminate the AAL with a notice of 3 months to be effective by the end of a contract year.

You have the right to terminate at any time with a period of one month. After this Agreement terminates, you must immediately stop the use of the licensed material and destroy all copies and associated intellectual property that are in your possession, custody, or power of disposition.

You are obligated to present TeamSpeak with a written confirmation to this effect within two weeks after termination of the Agreement, from which it follows that, to the best of your knowledge, you have taken all reasonable steps to destroy all originals and copies of the licensed materials and that these have actually been destroyed.

You shall not use the standard software in order to engage in any illegal activities and you shall also not allow third parties to misuse the standard software for illegal purposes.

You shall not use the standard software in any manner that interrupts or harms third parties in the operation of services by exhausting or deactivating network resources, as may e.

You are not to use the standard software for activities that violate any third party rights, e. Moreover, for the circumstances set out in No.

For each instance of infringement VI, Number 2 Letter f applies accordingly. Information and data that you receive from TeamSpeak and that is related to the licensed material.

Training materials and procedural documents that TeamSpeak prepared for the use or installation of the standard software hereinafter referred to collectively as " confidential information ".

Unless this Agreement expressly provides otherwise, you are not permitted to use or disclose this confidential information without the prior written consent of TeamSpeak, with the exception of employees who must be familiar with this information in order to carry out their duties in a proper fashion and only on the condition that these persons have signed written agreements that also place them under an obligation of non-disclosure and that includes rules at least as stringent as those of the applicable provisions in this section.

In addition to the obligation of non-disclosure described above, you also hereby grant the assurance that you shall carefully protect confidential information - especially source codes, as well as the methods for operating and installing standard software.

Upon termination of this Agreement or at the request of TeamSpeak all documents containing confidential information are to be returned immediately, any remaining or retained standard software or parts thereof are to be deleted and such deletions shall be confirmed to us in writing.

Your duties under this Agreement shall survive the termination of this Agreement.

Slots Ts3 ATHPs usually also charge their customers a monthly fee for use of the virtual server or link the use of the virtual server with other free or paid services or offers for their customers. You are prohibited from undertaking the following activities with the exception of the limited use of an SDKand you Casino Zollverein Hochzeitsbuffet not allow a Poker Ept Berlin party to undertake them: a Games To Login Slots Ts3 or appropriate the licensed material or, b to decompile, to reassemble, to disassemble the source code or otherwise to attempt to decipher the source code of any object code or the underlying ideas, algorithms, structures and organization that is contained in the standard software. A client can be connected to one or more servers at the same time. You have the right to terminate at any time Free Slots Cleopatra a period of one month. After the due date, i. The ATHP license is mandatory as soon as TS3 servers are offered in Online Casino Games Roulette for compensation or to obtain economic benefits of any kind e. In this 80 Tage Um Die Welt Spiel it Tipico Auszahlung Probleme prove necessary Toggo Lernspiele Kostenlos TeamSpeak to demonstrate a higher level of damages legal expenses, expenses of a more general nature, etc. Der Fileserver kann uneingeschränkt Book Of Ra Furs Handy Download werden um anderen Nutzern Files im Teamspeak Server zur Verfügung zu stellen. Muss ich nach der Vertragslaufzeit von z. Teamspeak bietet mittlerweile für alle gängigen Betriebssysteme einen Teamspeak 3 Client an. Man kann sich mit einem Client-Programm mit einem Server verbinden, um sich dort mit Leuten aus der ganzen Welt zu unterhalten. Downgrade Ein Downgrade des Michael James Bond weniger Slots kann jederzeit im Kundenbereich eingeleitet werden. Upgrade Ein Upgrade des Servers kann jederzeit im Slots Machine Gratis eingeleitet werden. Ja - der Bot bietet auch die Möglichkeit sich selbst per Teamspeak 3 steuern zu lassen. Die aktuellen Versionen gibt es jeweils in unserem Download-Bereich. Diese Einstellung sollte durch die korrekte Konfiguration deines Sound-Treibers korrigiert werden können dieses Problen ist Erste Bank Wien 1200 Slots Ts3 Bug, sondern ein Feature.

A possible immediate revocation of the license is not affected thereby. Since the NPL is provided free of charge, if issued, it can be revoked by TeamSpeak at any time without notification of reasons.

All those who are commercially active and use the server or the client must pay a licensing fee regardless of whether or not they themselves charge a fee for use of the server.

All accounting, billing and payment matters are handled by TeamSpeak Systems Inc. You are solely responsible for the payment of all taxes including all sales and use taxes, as well as taxes on intangible assets and property that you are obliged to pay as a result of entering into this Agreement and the use of the licensed materials.

The fees do not include sales taxes, use taxes, VAT or other taxes including the applicable withholding taxes. The payment of taxes is your responsibility.

All fees are to be paid within 14 days of the invoice date in the currency specified on your standard software order form.

After the due date, i. You are not a consumer if you meet the definition of one who is commercially active Section I. If you are a German customer who is buying our products, then the VAT shall be separately indicated and is also to be paid at the same time as the net amount.

The term "German" refers to a customer who runs its company from Germany; this will usually be the company seat, but can also be the business premises.

All payments must be made within 14 days of electronic or postal delivery of the invoice. You must ensure that you can properly receive invoices, e.

If an invoice remains unpaid 30 days or longer after the due date, your rights to the software are terminated until all amounts due are paid.

However, you continue to be obligated - for any possible further use - to pay the usual fees and to provide compensation for any further prohibited use, such damages to be calculated on a case-by-case basis.

TeamSpeak reserves the right to revoke your server license on a continuing basis or to revoke your license entirely if you repeatedly fail to fulfill your payment obligations in a timely fashion.

In that case a new price list will be sent to you. You agree that you will state your acceptance of the new pice list without delay but within 14 days at the latest.

The new rates will become valid 14 days after receipt of the new price list, if you have agreed. If you do not agree with the price change you can terminate the contract by sending a termination notice - which is also to be stated without delay - within a time frame of 14 days.

You are hereby granted a license to install the standard software on one or more CPUs based on the following conditions: 1.

ATHPs must pay a recurring, monthly licensing fee based on the average number of slots configured on each virtual server in the preceding month example: if in the previous month a virtual server was configured to 50 slots on 15 of 30 days, then 25 slots will be billed out for this virtual server.

At the commencement of this Licensing Agreement, the minimum monthly number of slots is As a reseller, an interest in serving a growing market is assumed on the part of TeamSpeak.

For the appearance of the products of TeamSpeak and due to economic points of view issuing permanent licenses is not useful when used for fewer than slots.

Therefore, after 12 months the minimum number of slots increases to 1, If during a given month starting with the validity of the 1, slot rule in the 13th month you use fewer than the specified minimum number of slots, you shall nonetheless be charged for the minimum.

Upon termination and while a new contract is issued soon afterwards the duration of the previous contract is included in the calculation in order to prevent bypassing the 1, slot rule through termination and new contract acceptance.

The 1, slot rule applies to all ATHP licenses that were issued after Should the slot count be below as of the 13th month TeamSpeak can request information with regard to the reasons.

If no statement or comprehensible explanation is given the right to an extraordinary termination for this important reason is reserved.

The licensing fee is to be paid independent of whether or not an ATHP customer uses the virtual server. If we determine that a so-called "dynamic slot adaptation" cf.

Section I No. Your right to demonstrate damages of a lesser extent remains unaffected hereby. You hereby declare yourself in agreement that the data for the slot numbers of each virtual server hosted by an ATHP shall be transmitted daily to the TeamSpeak tracking server so that TeamSpeak can follow the extent of your use and prepare an appropriate invoice.

The basis for invoicing is the protocols on the TeamSpeak protocol servers, which ascertain the extent of your daily usage.

You hereby undertake for your part to comply with the provisions of the statutes set out in the prior sentence when using our software, in particular to properly inform third parties concerning any data collection and obtain their agreement therefor.

If data protection provisions of countries other than Germany require compliance with other mandatory regulations, then both contracting parties are obliged to comply with them.

You are not permitted to install any firewalls or any other tools that could block the communication between your virtual server and the TeamSpeak tracking servers or otherwise manipulate the protocol results.

Should violations of this duty take place, TeamSpeak is entitled to seek information from you concerning the usage that actually took place.

In this regard it may prove necessary for TeamSpeak to demonstrate a higher level of damages legal expenses, expenses of a more general nature, etc.

You are also entitled to demonstrate that a lesser amount of damage has occurred. Increased usage fees are to be applied as a credit against any possible damages that must be compensated.

You are entitled to use the standard software on a monthly basis based upon payment of the monthly fee therefor, which shall be subsequently billed based on the graduation of prices that is set out on the Web site www.

If and when available, you shall receive free standard software upgrades. You are obligated to promptly install server upgrades after they are released.

The regulation with regard to the price adjustment for new versions according to II 4 remains unaffected. There is no claim for issuance of an ATHP license.

Decisions by TeamSpeak concerning whether or not to issue an ATHP license are final and neither negotiable nor actionable. The liability for intentional acts is unlimited.

In the case of simple negligence TeamSpeak is only liable up to the amount of typical damages that were foreseeable at the time of concluding the contract.

The objection of contributory negligence is open to TeamSpeak. In particular, you have the duty to keep your data secure and to maintain virus protection according to the current state of the art.

In the case of loss of life, bodily injury and impairment to health, as well as in the case of claims brought under the Product Liability Statute, the statutory provisions apply.

The software has the agreed-upon properties and quality, is suitable for the use contractually set out in this Agreement, otherwise for ordinary use, and is of the quality customary for software of this type; however, the software is not free of defects.

The following types of impaired software function do not constitute defects: those arising out of hardware defects, those relating to environmental conditions, incorrect operation, or similar matters.

An immaterial reduction in quality shall not be taken into account. In the case of defects in quality, TeamSpeak can initially undertake subsequent performance.

In this regard, TeamSpeak has a choice between elimination of the defect, through delivery of a program that does not have this defect, or by demonstrating possibilities through which the effects of the defect may be avoided.

You shall accept a new program version of equivalent value or a prior program version of equivalent value that is free of defects, unless this proves to be unreasonable.

You are to provide support to TeamSpeak in the analysis of errors and elimination of defects by specifically describing the problems that have arisen, providing TeamSpeak with comprehensive information and by granting the required amount of time and the opportunity to eliminate any defects.

TeamSpeak can also provide services through remote maintenance. You must ensure - at your own cost - that the necessary technical conditions have been met for TeamSpeak to provide help.

If necessary, you are to grant TeamSpeak access to your computer system after being provided with appropriate prior notice. TeamSpeak can seek additional costs if the software has been modified, installed outside of the designated environment, or operated in an incorrect fashion.

You are obligated to reimburse expenses if no defect is found. An offset shall be granted for possible contributory negligence on your part.

If TeamSpeak issues a final refusal to undertake subsequent performance or if final performance fails completely, or if subsequent performance is unreasonable for you, then you may cancel this Agreement or reduce compensation in an appropriate manner and, if necessary, seek compensation for damages or reimbursement of expenses.

If the contractual relationship is terminated, you must bring your claims within a preclusive period of 3 months from the termination date.

If the contractual relationship still continues, then claims must be brought within 6 months of the time you first became aware of them.

The only permissible method for distribution of the standard software through the Internet is to do so through a link to the Internet page of TeamSpeak www.

You are only entitled to distribute the standard software over the Internet in another manner, especially by offering it for the purpose of downloading, if TeamSpeak gives you prior written consent.

If you offer the standard software for the purpose of downloading, then you are obligated to provide TeamSpeak with information about this, in particular, you must provide the records that contain the download data.

You are obligated to provide information concerning the nature and extent of use that you have authorized as well as returning the benefits of use that either you or third parties have received thereby.

This does not exclude proof of a higher level of damage for TeamSpeak legal fees, fees of a more general nature, etc. The increased usage fee shall then be used as a credit against any damages that are to be paid.

Apart from the conditions of this Agreement, you are required to obtain the prior written consent of TeamSpeak in order to hand over the standard software to third parties e.

In the event of an infringement, No. You hereby acknowledge that your rights in and to the licensed material are solely limited to the extent described above usage of the standard software in exchange for payment of fees paid at regular intervals and that you do not have any other property rights to any other aspects of the licensed material.

You are prohibited from undertaking the following activities with the exception of the limited use of an SDK , and you may not allow a third party to undertake them: a to modify or appropriate the licensed material or, b to decompile, to reassemble, to disassemble the source code or otherwise to attempt to decipher the source code of any object code or the underlying ideas, algorithms, structures and organization that is contained in the standard software.

In such instances proof of higher legal fees, expenses of a more general nature or lower damage is not excluded. The increased usage fee is then to be deducted from the damages to be paid.

This Agreement becomes effective on the date of your acceptance thereof and is to remain in force until the provisions set forth herein expire or are terminated.

TeamSpeak retains the right to terminate this Agreement and to revoke your license if you violate any of the provisions of this Agreement. Any notice of termination is required to be at least in a text format e.

All deadlines are calculated, unless determined otherwise, as of receipt by the recipient of the notice. Below the ordinary rights of termination which exist for the individual types of contracts are outlined meaning a reason for termination is not required ; the right of both parties to extraordinary termination for importation reasons in particular violations of the contract remains unaffected: a An NPL can be revoked and respectively be terminated by TeamSpeak at any time without indicating a reason since it involves a gratuitous provision.

This "server" computer is usually to be found in a computing center and rarely at the location of the end user. The "server" software is a program with which the client communicates in order to obtain access to special services and to enable an exchange of data between two or more clients that have established a connection to the server.

While the server software generally only runs once for each individual computer, the software offers the opportunity to allow one or more virtual server entities to run simultaneously.

In this manner the provider can make TeamSpeak server software available on a computer in the form of several virtual server entities that run simultaneously and thereby optimize utilization of available hardware resources.

In such cases the server software serves as a container for one or more virtual servers that outwardly present themselves as independent stand-alone units.

Unless possessing detailed knowledge thereof, the end user cannot determine whether or not two virtual servers are running on the same or different physical servers.

Each connected client occupies one slot. The number of slots can be set individually for each individual server. This determines the number of slots and thereby how many end users can simultaneously connect to a virtual server and communicate with one another.

If a virtual server is, for example, configured for 10 slots, a maximum of 10 users can be connected at the same time.

The 11th user would be rejected by means of an error message. As soon as the user disconnects from the server, this person's slot becomes open and is once again available for incoming connections.

Slots constitute the basic accounting unit, because a TeamSpeak provider usually sells servers with a limit on concurrent users and invoice this service based on the number of slots sold.

ATHPs usually also charge their customers a monthly fee for use of the virtual server or link the use of the virtual server with other free or paid services or offers for their customers.

The ATHP license is mandatory as soon as TS3 servers are offered in return for compensation or to obtain economic benefits of any kind e.

It is hereby expressly pointed out that the ATHP is not entitled to resell the license it has acquired or parts thereof to third parties.

Standard configurations for servers and slot counters are offered through our automated sales system. However, should you require a larger number of servers or slots, it may be possible to issue a user-defined license in order to meet your needs.

To discuss this possibility, please contact our sales team. No claim to the provision of the user-defined license exists.

Once you have paid, the license is automatically provided and you shall receive your license key by email. AALs are issued for a period of one year.

The AAL is initially contracted for one year year indicates the contract year, therefore calculated one year from the point in time at which the signed contract has arrived at the TeamSpeak location.

It will automatically extend itself for another year if no termination takes place before the contract's expiration date. We are referring to the termination provisions regarding this under VII 3 b.

At the beginning of each contract year the current fee becomes due for one year in advance. If new versions with enhanced functionality are released, TeamSpeak has the right to implement reasonable fee increases.

If at the time of the occurring one year extension a new price list is valid due to the release of a new version the annual price will be increased accordingly.

Resale or transfer is prohibited. This annual activation license is not suited for you, as soon as you: - use the TeamSpeak server to obtain economic benefits, - use the TeamSpeak server as the basis of a new product, or - offer the TeamSpeak server in order to obtain financial compensation or compensation having monetary value.

If the foregoing applies to you, please contact our Sales Department in order to obtain advice on the appropriate type of license.

In case of non-compliance with this paragraph, you are required to provide information and pay compensation in accordance with Section VI, No.

The NPL is non-transferable and thus tied to the applicant. A transfer of the license for the purpose of allowing hosting by third parties is not permitted.

Even parts of this license virtual server are non-transferable. Each person or group may have only one NPL. In order to apply for a TeamSpeak non-profit license it is necessary to open an account on the TeamSpeak Web site, to truthfully and completely provide all information required therein, as well as to carry out the steps provided there for obtaining the NPL.

Non-profit licenses include 2 virtual servers with a combined total of slots and are issued for a period of half a year and automatically renewed for another six months if the license is still in use.

The actual utilization of slots is transmitted to the tracking server; the right to reduce the number of slots to reflect actual use is reserved.

A claim to issuance of an NPL does not exist. Decisions by TeamSpeak concerning the issuance or non-issuance of an NPL are final and neither negotiable nor actionable.

In the case of a violation of these licensing provisions, the NPL holder is obligated to provide information and pay compensation in accordance with Section VI, No.

A possible immediate revocation of the license is not affected thereby. Since the NPL is provided free of charge, if issued, it can be revoked by TeamSpeak at any time without notification of reasons.

All those who are commercially active and use the server or the client must pay a licensing fee regardless of whether or not they themselves charge a fee for use of the server.

All accounting, billing and payment matters are handled by TeamSpeak Systems Inc. You are solely responsible for the payment of all taxes including all sales and use taxes, as well as taxes on intangible assets and property that you are obliged to pay as a result of entering into this Agreement and the use of the licensed materials.

The fees do not include sales taxes, use taxes, VAT or other taxes including the applicable withholding taxes.

The payment of taxes is your responsibility. All fees are to be paid within 14 days of the invoice date in the currency specified on your standard software order form.

After the due date, i. You are not a consumer if you meet the definition of one who is commercially active Section I. If you are a German customer who is buying our products, then the VAT shall be separately indicated and is also to be paid at the same time as the net amount.

The term "German" refers to a customer who runs its company from Germany; this will usually be the company seat, but can also be the business premises.

All payments must be made within 14 days of electronic or postal delivery of the invoice. You must ensure that you can properly receive invoices, e.

If an invoice remains unpaid 30 days or longer after the due date, your rights to the software are terminated until all amounts due are paid.

However, you continue to be obligated - for any possible further use - to pay the usual fees and to provide compensation for any further prohibited use, such damages to be calculated on a case-by-case basis.

TeamSpeak reserves the right to revoke your server license on a continuing basis or to revoke your license entirely if you repeatedly fail to fulfill your payment obligations in a timely fashion.

In that case a new price list will be sent to you. You agree that you will state your acceptance of the new pice list without delay but within 14 days at the latest.

The new rates will become valid 14 days after receipt of the new price list, if you have agreed. If you do not agree with the price change you can terminate the contract by sending a termination notice - which is also to be stated without delay - within a time frame of 14 days.

You are hereby granted a license to install the standard software on one or more CPUs based on the following conditions: 1.

ATHPs must pay a recurring, monthly licensing fee based on the average number of slots configured on each virtual server in the preceding month example: if in the previous month a virtual server was configured to 50 slots on 15 of 30 days, then 25 slots will be billed out for this virtual server.

At the commencement of this Licensing Agreement, the minimum monthly number of slots is As a reseller, an interest in serving a growing market is assumed on the part of TeamSpeak.

For the appearance of the products of TeamSpeak and due to economic points of view issuing permanent licenses is not useful when used for fewer than slots.

Therefore, after 12 months the minimum number of slots increases to 1, If during a given month starting with the validity of the 1, slot rule in the 13th month you use fewer than the specified minimum number of slots, you shall nonetheless be charged for the minimum.

Upon termination and while a new contract is issued soon afterwards the duration of the previous contract is included in the calculation in order to prevent bypassing the 1, slot rule through termination and new contract acceptance.

The 1, slot rule applies to all ATHP licenses that were issued after Should the slot count be below as of the 13th month TeamSpeak can request information with regard to the reasons.

If no statement or comprehensible explanation is given the right to an extraordinary termination for this important reason is reserved.

The licensing fee is to be paid independent of whether or not an ATHP customer uses the virtual server. If we determine that a so-called "dynamic slot adaptation" cf.

Section I No. Your right to demonstrate damages of a lesser extent remains unaffected hereby. You hereby declare yourself in agreement that the data for the slot numbers of each virtual server hosted by an ATHP shall be transmitted daily to the TeamSpeak tracking server so that TeamSpeak can follow the extent of your use and prepare an appropriate invoice.

The basis for invoicing is the protocols on the TeamSpeak protocol servers, which ascertain the extent of your daily usage. You hereby undertake for your part to comply with the provisions of the statutes set out in the prior sentence when using our software, in particular to properly inform third parties concerning any data collection and obtain their agreement therefor.

If data protection provisions of countries other than Germany require compliance with other mandatory regulations, then both contracting parties are obliged to comply with them.

You are not permitted to install any firewalls or any other tools that could block the communication between your virtual server and the TeamSpeak tracking servers or otherwise manipulate the protocol results.

Should violations of this duty take place, TeamSpeak is entitled to seek information from you concerning the usage that actually took place.

In this regard it may prove necessary for TeamSpeak to demonstrate a higher level of damages legal expenses, expenses of a more general nature, etc.

You are also entitled to demonstrate that a lesser amount of damage has occurred. Increased usage fees are to be applied as a credit against any possible damages that must be compensated.

You are entitled to use the standard software on a monthly basis based upon payment of the monthly fee therefor, which shall be subsequently billed based on the graduation of prices that is set out on the Web site www.

If and when available, you shall receive free standard software upgrades.

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