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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.

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.

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.

This entire Agreement must be in written form; even modifications must be in writing. You hereby agree to comply with all export and re-export regulations and restrictions of the respective competent authorities or governmental bodies of the countries whose law is affected by the exercise of rights arising out of this Agreement.

The provisions of countries whose rights are affected by the use and dissemination of the standard software are mandatory provisions that must be complied with.

This applies especially to tax provisions. You are required to keep sufficiently informed in this regard. The parties hereby agree that all controversies arising out of and in connection with this agreement, regardless of conflict of law provisions, are subject to the law of the Federal Republic of Germany, also including the substantive law thereof, to the exclusion of the UN Sales Law.

The parties agree that German courts have jurisdiction over all controversies arising out of and in connection with this agreement.

The place of performance is Krün, Germany. It is not permitted to transfer or assign this Agreement or parts thereof without the written consent of TeamSpeak.

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