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Framework license agreement for the installation of the TeamSpeak client
This License Agreement ("Agreement") is effective between "you", the person or company who/which is using software branded TeamSpeak, developed by TeamSpeak Systems GmbH ("TeamSpeak"), and TeamSpeak Systems GmbH (Germany) with installation of the TeamSpeak client.
## I. Definitions
1. "Standard Software" means the object code of the TeamSpeak voice communication software version 3.x (binary executable), and all previous versions, both client and server, which is provided by TeamSpeak, including all standard software enhancements, upgrades or updates, which you will receive if and when they are made available.
2. "Licensed Material" refers to the standard software, all documentation components included with the standard software and other information that TeamSpeak provides together with the license for the standard software.
3. "Client" refers to the TeamSpeak standard software which connects to the TeamSpeak server software via computer network or the Internet. The client therefore usually runs on the end user's computer. A client can connect to one or more servers at the same time. Multiple clients communicate with each other by routing the communication data through the server, which distributes them to other clients. Clients thus do not connect directly to each other, but always connect only to the server that acts as an intermediary and distributor for voice communication.
## II. Indemnity / Warranty
TeamSpeak shall pay compensation or reimbursement of expenses, for whatever legal reason (e.g. for legal transactions and legal transaction-related obligations, breach of duty and unlawful acts), only to the following extent:
1. Liability for intentional actions is unlimited.
2. TeamSpeak may plea contributory negligence. In particular you have the obligation and responsibility to make use of data backup and virus protection following the latest technical standards.
3. In case of injury to life, body and health, and in case of claims based on the Product Liability Act, the statutory provisions apply.
4. The software is of the agreed quality which is suitable to perform the contractually required functions, and otherwise standard functions, and has the usual quality for this type of software; however, it is not error-free. A functional impairment of the software which results from hardware defects, environmental conditions, improper operation, or similar is not a defect. Minor reductions in quality are not considered here.
5. If you install third-party plug-ins to complement the client, TeamSpeak assumes no liability irrespective of the origin of the plug-in. You are required to learn about the applicable privacy policy of the plug-in publisher.
6. Standard software upgrades are free of charge, if and when they become available. You are obliged to install client upgrades promptly after publication.
## III. Ownership and restrictions
1. You acknowledge and agree that your rights in and to the Licensed Material are solely limited to the transitory use of the standard software, and you have no ownership rights to any component of the Licensed Material. You acknowledge that TeamSpeak and / or its licensors own all rights, property rights and exploitation rights, including but not limited to copyrights, patent rights, the right to confidentiality of trade secrets and other rights in and to the Licensed Material on intellectual property and all altered, modified and corrected versions thereof.
2. The following activities are not permitted to you, nor should you allow a third party to perform this:
1. Modification or utilization of the Licensed Material or
2. Decompile, reassemble, disassemble the source code or otherwise attempt to discover the source code of any object code (or the underlying ideas, algorithms, structures and organization), which is included in the standard software.
3. You are not authorized to commercialize the Licensed Material, sub-license, distribute, reproduce, rent, lease, offer as part of a timeshare agreement, or otherwise use, either as a standalone version or integrated in other products.
4. You may not use the standard software for the benefit of others.
5. You may not assign, sub-license or otherwise transfer this Agreement and any license granted without prior written consent of TeamSpeak.
6. For each case of infringement of above provisions under a. - e. you are obliged to provide the type and scope of use, which has been initiated by you, and to disclose benefits which you or third parties have received in relation to the use of this software. You are in this case obliged to provide the underlying data/protocols to TeamSpeak. Further claims by TeamSpeak remain unaffected
## IV. Agreement Duration and Termination
1. This Agreement is effective at the moment of installation of the TeamSpeak client and shall remain in force until it expires in accordance with the provisions laid down herein or is terminated. TeamSpeak reserves the right to terminate the Agreement without notice if you violate any of the provisions of this Agreement.
2. Any termination requires removal of the TeamSpeak client. After termination of the Agreement, you must stop using the Licensed Material and immediately destroy all copies and related intellectual property, which is still in your possession, custody or control.
## V. Illegal acts
You represent and warrant that you will not violate the provisions in this Agreement, and that:
1. You will not use the standard software for illegal purposes and you will not allow third parties to misuse the standard software for illegal purposes.
2. You will not use the standard software in a manner that interferes with the operation of services of third parties to exhaust or deactivate network resources or cause prejudice, which could occur, for example, through automated queries, excessive loads or similar activities.
3. You will not use the standard software for activities that infringe any rights of third parties, for example through the use of, public exhibition or performance, reproduction, distribution or modification of any communication or material that violates the copyright, trademark, publicity rights, privacy rights or property rights of others.
4. You agree that in the event of unauthorized use of our standard software - either through your own use, or instigation / permission or even support of the unsanctioned use of our standard software by third parties - to provide us with information and accounts to the nature and extent of use by you or third parties.
5. Furthermore, you agree to the case mentioned in section 4 a reasonable compensation for use and, if necessary, damages for your use and for those of you caused / allowed to use our products. For every case of infringement, III, Number 2 letter f. applies accordingly.
## VI. Confidentiality
You are not permitted to disclose the following information to third parties, to make these available to third parties, or otherwise to make them accessible to third parties:
1. Information and data that you receive from TeamSpeak related to the Licensed Material.
2. Training materials and process documents that TeamSpeak has created as a guide for your use or the installation of the standard software (hereinafter referred to as "confidential information"). Unless this Agreement expressly provides otherwise, you are not permitted to use or disclose such confidential information without the prior written consent of TeamSpeak, except for employees who need to know this information to run your operations in good fashion and only under the condition that these people have signed written agreements, which oblige them to maintain confidentiality and contain at least as strict regulations as the provisions that apply to you in this section.
3. In addition to the confidentiality agreement described above, you confirm that you will carefully protect confidential information - in particular source code, methods of operation and use of the Standard Software.
4. Upon termination of the Agreement or upon request by TeamSpeak, all documents with confidential information shall be immediately returned, and ceded or retained Standard Software or any part thereof shall be deleted.
5. Your obligations under this Agreement shall survive the termination of this Agreement. These requirements apply, if any, to your representatives, successors and assignees; in the case of permissible disclosure to third parties you are obligated to commit them accordingly.
## VII. Other provisions
1. Any changes, additions or adjustments to the Agreement undertaken by TeamSpeak which are required by unforeseeable changes that TeamSpeak does not initiate and TeamSpeak has no influence on, which change the terms to a significant degree, are binding once the updated version appears on the website under [www.teamspeak.com](http://www.teamspeak.com), or is sent via email to you, and if you do not object within a period of 4 weeks after publication of the amendment. You are required to access the website regularly regarding changes to this Agreement.
2. If any provision of this Agreement be ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced to the extent legally permissible by a provision which comes closest to meeting the original intentions of the parties.
3. You agree to comply with all export and re-export regulations and restrictions with the responsible authorities or governmental institutions of states whose laws are affected by the exercise of rights under this Agreement. The provisions, particularly tax legislation, of countries whose rights are affected by the use and dissemination of standard software, must be observed. You are obliged in this regard to inquire sufficiently.
4. The parties agree that all disputes arising from and in connection with this Agreement, regardless of conflict of laws, are governed by the laws of the Federal Republic of Germany and also material German law excluding CISG shall apply. The parties agree that the German courts have jurisdiction for all disputes arising from and in connection with this Agreement. The place of fulfillment is Kruen, Germany.
5. It is not permitted to assign or cede this Agreement or parts thereof without the written consent of TeamSpeak.
6. Where TeamSpeak has provided you with a translation of the German language version of this agreement, then you agree that the translation is provided for your convenience only and that the German language versions of the agreement will govern your relationship with TeamSpeak. If there is any contradiction between what the German language version of the agreement says and what a translation says, then the German language version shall take precedence.
# Consent under the Federal Data Protection Act
## Desktop Client
TeamSpeak Systems GmbH and its subsidiary, TeamSpeak Systems Inc., hereafter referred to as TS, pursue as one of its corporate principles the principle of data minimization. Data is collected only to improve and further optimize TS products.
TS has expressly indicated that the collected data will not be used for promotional approach to the users.
In view of the above, TS states that the following data may be collected, stored and processed:
* IP address of the users
* Used operation system and type (32 or 64 bit)
* Data about user behavior (particularly clicks, used menus)
* Crash report (program line, incident, basic data of computer hardware used)
TS will store, process and use this data on its servers exclusively for purposes of quality assurance and further development of the installed software.
Data is also collected by the company Overwolf Ltd., only if the Overwolf plug-in is installed. Take note of the following privacy policy: [www.overwolf.com/legal/](http://www.overwolf.com/legal/)
By installing the software, you consent to the preceding use. It is therefore part of the "End User Agreement" (EULA). This declaration of consent may be viewed at any time at [www.teamspeak.com/privacy/](http://www.teamspeak.com/privacy/) and in the "Help" menu.
The consent given here is voluntary and may be revoked with effect for the future. Revocation can be made by email to privacy@teamspeak.com. In case of cancellation, the data will be deleted without undue delay.
Contact us at the above email address to obtain information about the data stored with us.
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