TEAMSPEAK END USER LICENSE AGREEMENT

Last Updated: February 13th, 2007

THIS IS A LEGAL AGREEMENT between 'you', the end user of 
TeamSpeak brand software, TeamSpeak Systems, an Essen, 
Germany based company, and Triton CI & Associates LLC, a San 
Diego, California, USA based Limited Liability Company.

Use of the software you are about to download or install 
indicates your acceptance of these terms. You also agree to 
accept these terms by so indicating at the appropriate 
screen, prior to the download or installation process. As 
used in this Agreement, the capitalized term 'Software' 
means the TeamSpeak voice communication software (either the 
freeware or commercial versions) together with any and all 
enhancements, upgrades, and updates that may be provided to 
you in the future by TeamSpeak Systems.

Any terms in this agreement related to TeamSpeak product 
ownership, distribution, or modification will be handled in 
accordance with the laws of Essen, Germany. Any terms in 
this agreement related to compliance with TeamSpeak 
licensing, sales, or billing related issues will be handled 
in accordance with the laws of California, USA.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU 
SHOULD INDICATE SO AT THE BOTTOM OF THIS SCREEN AND DO NOT 
PROCEED.

OWNERSHIP

The Software and any accompanying documentation are owned by 
TeamSpeak Systems and ownership of the Software shall at all 
times remain with TeamSpeak Systems. Copies are provided to 
you only to allow you to exercise your rights under this 
Agreement. This Agreement does not constitute a sale of the 
Software or any accompanying documentation, or any portion 
thereof. Without limiting the generality of the foregoing, 
you do not receive any rights to any patents, copyrights, 
trade secrets, trademarks or other intellectual property 
rights relating to or in the Software or any accompanying 
documentation. All rights not expressly granted to you under 
this Agreement are reserved by TeamSpeak Systems.

GRANT OF LICENSE APPLICABLE TO TEAMSPEAK FOR COMMERCIAL 
ENTITIES

Subject to the terms and conditions set forth in this 
Agreement, TeamSpeak Systems grants you a limited, non-
exclusive, non-transferable and non-sublicensable right to 
use the commercial version of the Software solely in 
accordance with the following terms and conditions:

1. Use of TeamSpeak You may download and use TeamSpeak on 
multiple computers owned, leased or rented by you; however, 
you are the only individual with the right to use your 
licensed copy(ies) of TeamSpeak. All copies of TeamSpeak 
must include TeamSpeak Systems' copyright notice.

2. Third Party Distribution Prohibited Distribution of 
TeamSpeak by you to third parties is hereby expressly 
prohibited unless you obtain permission from TeamSpeak, in 
writing, to do so.

3. Authorized TeamSpeak Host Provider (ATHP) Licensing Fees 
Authorized TeamSpeak Host Providers (ATHPs) are entities 
that rent TeamSpeak servers to others for profit of ANY kind 
- be it monetary, from direct sales, advertising profit, or 
intangible goods and services. ATHPs typically charge their 
customers a monthly fee OR include TeamSpeak as part of 
other services or offerings to their customers free of 
charge. You are subject to ATHP usage based licensing fees 
if you charge an access or rental fee either directly, 
indirectly, OR via inclusion of a TeamSpeak server as part 
of any rental or other paid service **REGARDLESS** of 
whether or not you choose to charge for the TeamSpeak server 
itself.

4. ATHP Billing Cycles and Slot Count Calculation All ATHPs 
are billed in arrears based on usage information that is 
automatically tracked and reported back to us on a daily 
basis. Deliberately preventing normal communication (ie -
via an outbound firewall) from any servers you host back to 
our servers for the purpose of allowing us to properly bill 
you or accurately determine your license status is strictly 
forbidden. In addition, changing the ServerMaxUsers setting 
(ie - the maximum slots or users allowed on the server) on a 
daily basis to deliberately alter our AVERAGE MONTHLY SLOT 
COUNT calculations in your favor is also strictly forbidden. 
For example, if you choose to sell a 50 slot server to a 
customer, the server MUST remain configured at 50 slots at 
all times. You may only change the ServerMaxUsers for each 
of your servers when the customer chooses to upgrade or 
downgrade their server's capacity.

If you are registering to become an ATHP, you hereby 
acknowledge that there will be a $10 SETUP FEE in addition 
to a MINIMUM monthly license fee of $14 for a 100 minimum 
slot count. You further acknowledge that the initial invoice 
generated by our billing system may reflect up to 6 months 
of prior usage and BACK-OWED licensing fees may apply if you 
have profited from TeamSpeak in the past and have never been 
licensed. You also acknowledge and realize that initial 
invoices generated may be inaccurate and are subject to 
review by both parties. All ATHP based licensing is 'billed 
in arrears'. This means that you will be billed and invoiced 
on the first day of each month for all hosting based on 
AVERAGE MONTHLY SLOT COUNT that occurred during the previous 
month, with a minimum fee of $14 for a 100 minimum slot 
count. All payments are due 15 days after you receive your 
invoice (NET 15). ATHPs that fail to comply with our 
licensing requirements may have their ATHP license revoked 
and/or servers suspended.

5. ATHP Examples Examples where ATHP-based licensing applies 
include but are not limited to the following:

a) Direct Fees - If you charge a monthly rental or usage fee 
for a TeamSpeak server OR channel you are subject to ATHP 
licensing fees. b) Indirect Fees - If you “sponsor” a clan 
and ask them to advertise for you in return for the use of a 
TeamSpeak server OR channel you are subject to ATHP 
licensing fees. c) Inclusion Fees - If you are a Game Server 
Provider (GSP) that hosts a TeamSpeak server OR channel to 
someone who is paying a monthly fee to rent a game server 
then you are subject to ATHP licensing fees REGARDLESS of 
whether or not you choose to charge for the TeamSpeak server 
itself.

6. Single Server Use (SSU) Licensing Fees SSU fees are for 
entities that wish to use TeamSpeak in a commercial 
environment but are not in the business of renting servers. 
This is a one time (non-recurring) license fee good for 1 
year of free version updates for the SERVER, as they are 
made available, for the EXISTING version of TeamSpeak for 
which the license was purchased. After the 1 year period 
expires, you may continue using the existing version of 
TeamSpeak for which you purchased the SSU license, but you 
may not be able to upgrade to the next major release version 
without an additional upgrade fee.

7. SSU Examples Examples where SSU licensing applies include 
but are not limited to the following:

a) A company that wants to use TeamSpeak as a means of 
teleconferencing with co-workers to cut costs on typical 
long distance telephone charges. b) An ATHP that wants to 
use a TeamSpeak server for internal corporate communication. 
The TeamSpeak server MUST reside on a physical server that 
is not a part of the ATHP's normal customer base or ATHP-
licensed server farm.

8. SSU Upgrades TeamSpeak Systems will provide you with free 
upgrades for a period that begins on the purchase date and 
ends 365 days later. Such upgrades will include any upgrades 
for the EXISTING version of TeamSpeak, for which your SSU 
license was purchased, that are released by TeamSpeak 
Systems for general distribution to TeamSpeak licensees 
during the one year period for which you are entitled to 
receive free upgrades. TeamSpeak Systems has no obligation 
to provide you with any upgrades that are not released for 
general distribution to TeamSpeak Systems' other licensees. 
Nothing in this Agreement shall be construed to obligate 
TeamSpeak Systems to provide upgrades to you under any 
circumstances.

9. Billing All billing is handled by Triton CI & Associates. 
Any and all licensing or billing related inquiries must be 
e-mailed to sales@tritoncia.com.

10. Pricing The latest pricing information can always be 
found on Triton's website via the following link: 
http://sales.tritoncia.com/pricing.php

GRANT OF LICENSE APPLICABLE TO TEAMSPEAK FOR NON-COMMERCIAL 
ENTITIES

Subject to the terms and conditions set forth in this 
Agreement, TeamSpeak Systems grants you a limited, non-
exclusive, non-sublicensable, and revocable right to use the 
freeware version of the Software solely in accordance with 
the following terms and conditions:

1. Use of TeamSpeak TeamSpeak is being distributed as 
Freeware. It may be freely used, copied and distributed as 
long as it is not sold and all original files are included, 
including this license. You may download and use both the 
TeamSpeak Client or Server applications on as many computers 
as you require. TeamSpeak servers are defined as ANY server 
upon which a connection is allowed -- be it virtual or 
physical. You may host up to 1000 slots TOTAL within your 
ENTIRE organization. In addition, the maximum number of 
servers and slot counts configured on each server must not 
exceed any ONE of the following configurations: a) 10 
servers, 100 slots each, for a total of 1000 slots b) 4 
servers, 250 slots each, for a total of 1000 slots c) 2 
servers, 500 slots each, for a total of 1000 slots d) 1 
server, 1000 slots, for a total of 1000 slots

2. Non-Profit Organization (NPO) License IMPORTANT: As of 
August 1st, 2006, the NPO license is no longer being offered 
to any organizations. We feel strongly that we already have 
sufficient organizations that have acquired an NPO license 
and we have no immediate plans to offer this license type 
again in the future.

Some non-profit organizations (NPOs) may be granted a 
special NPO license which allows them to exceed the 1000 
slot limit imposed by Section 1 above. Such organizations 
must remain 100% NON-PROFIT at all times and must be free of 
any advertisements, Paypal donation buttons, or any other 
form of profit of ANY kind - be it monetary, advertising 
profit, or intangible goods and services received as reward 
or compensation of any kind.

In essence, licensed NPOs MUST meet ALL of the following 
REQUIREMENTS at all times:

a) You must be a 100% non-profit entity. If we cannot easily 
determine this by visiting your website we may require you 
to provide us with documented proof. b) You cannot advertise 
for any sort of profit OR for any commercial entity at all 
on your website. In addition, and due to abuse, we also 
don't allow the use of Paypal buttons anywhere on your site. 
c) You are not allowed to benefit from profit of ANY kind -
be it monetary, advertising profit, or intangible goods and 
services received as reward or compensation. d) Your website 
must be up and running/active/live so we can visit the site 
and review its content from time to time. e) Your entity 
must be large enough to require at least 1000 slots 
(regardless of the number of servers). HOWEVER, as of 
January 1st, 2007, you CANNOT host more than 5000 slots 
TOTAL throughout your entire organization. If you are 
currently a licensed NPO and you are exceeding a TOTAL of 
5000 slots throughout your entire organization, you MUST 
shutdown any extra servers NO LATER THAN January 1st, 2007.

For further information please contact sales@tritoncia.com. 
Please note that a typical gaming guild or clan hosting a 
private TeamSpeak server for themselves (up to 100 slots) OR 
renting a server from an Authorized TeamSpeak Host Provider 
(ATHP) is NOT considered an NPO, will NOT qualify to receive 
an NPO license, and must abide by the terms and conditions 
set forth in this license agreement.

3. Distribution Permitted You may make copies of your copy 
of TeamSpeak to give to others provided that such copies are 
not modified from the original downloaded copy of TeamSpeak. 
You may not charge a fee for distributing copies of 
TeamSpeak. If a copy of TeamSpeak is distributed, TeamSpeak 
Systems requests that you send TeamSpeak Systems an e-mail 
addressed to sales@tritoncia.com notifying TeamSpeak Systems 
of such distribution and the identity of the person or 
entity receiving the copy of TeamSpeak.

4. Termination TeamSpeak Systems may terminate your license 
for TeamSpeak at any time, for any reason or no reason. 
TeamSpeak Systems may also terminate your license in 
TeamSpeak if you breach any of the terms and conditions set 
forth in this Agreement. Upon termination, you shall 
immediately destroy all copies of TeamSpeak in your 
possession, custody or control.

5. Fees There is no license fee for TeamSpeak for Non-
Commercial Entities. If you wish to utilize TeamSpeak within 
a commercial environment, you will be required to pay the 
applicable license fees (see below).

6. Examples Examples of Non-Commercial Entities include but 
are not limited to the following:

a) An individual hosting a single TeamSpeak server 
configured to allow up to 100 slots for their online gaming 
clan using their home Cable/DSL connection for non-profit. 
b) An individual hosting 10 TeamSpeak servers with 100 slots 
each but does NOT ask for fees, does not advertise, nor 
receives any sort of compensation or benefits for doing so. 
c) An individual that rents a dedicated server from a 
hosting company but does NOT ask for fees from clan members 
AND does NOT rent or share space with others for profit. d) 
A church or other non-profit, non-commercial organization 
hosting a free TeamSpeak server for online bible study 
discussions. e) A public or non-commercial school hosting 1 
TeamSpeak server on 10 physical machines, each configured to 
allow no more than 100 slots and is completely free of 
charge to students, allowing them to receive help with 
homework for their classes online.

If you are uncertain as to whether your organization 
qualifies as a Non-Commercial Entity you must contact us via 
e-mail at sales@tritoncia.com.

PROHIBITED CONDUCT

You represent and warrant that you will not violate any of 
the terms and conditions set forth in this Agreement and 
that:

You will not, and will not permit others to: (i) reverse 
engineer, decompile, disassemble, derive the source code of, 
modify, or create derivative works from the Software; or 
(ii) use, copy, modify, alter, or transfer, electronically 
or otherwise, the Software or any of the accompanying 
documentation except as expressly permitted in this 
Agreement; or (iii) redistribute, sell, rent, lease, 
sublicense, or otherwise transfer rights to the Software 
whether in a stand-alone configuration or as incorporated 
with other software code written by any party except as 
expressly permitted in this Agreement.

You will not use the Software to engage in or allow others 
to engage in any illegal activity.

You will not engage in use of the Software that will 
interfere with or damage the operation of the services of 
third parties by overburdening/disabling network resources 
through automated queries, excessive usage or similar 
conduct.

You will not use the Software to engage in any activity that 
will violate the rights of third parties, including, without 
limitation, through the use, public display, public 
performance, reproduction, distribution, or modification of 
communications or materials that infringe copyrights, 
trademarks, publicity rights, privacy rights, other 
proprietary rights, or rights against defamation of third 
parties.

You will not transfer the Software or utilize the Software 
in combination with third party software authored by you or 
others to create an integrated software program which you 
transfer to unrelated third parties.

UPGRADES, UPDATES AND ENHANCEMENTS

All upgrades, updates or enhancements of the Software shall 
be deemed to be part of the Software and will be subject to 
this Agreement.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED ON AN 'AS IS' BASIS, WITHOUT 
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS 
FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, 
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-
INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 
ESSENTIAL PART OF THIS LICENSE AND AGREEMENT. NO USE OF THE 
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 
DISCLAIMER.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO 
EVENT WILL TEAMSPEAK SYSTEMS NOR TRITON CI & ASSOCIATES, LLC 
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR 
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY 
TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES 
FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL 
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY 
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY 
(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 
IN ANY CASE, TEAMSPEAK SYSTEMS' OR TRITON CI & ASSOCIATES, 
LLC'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS 
LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE 
FEES (IF ANY) YOU PAID FOR THIS LICENSE.

LEGENDS AND NOTICES

You agree that you will not remove or alter any trademark, 
logo, copyright or other proprietary notices, legends, 
symbols or labels in the Software or any accompanying 
documentation.

TERM AND TERMINATION

This Agreement is effective upon your acceptance as provided 
herein and payment of the applicable license fees (if any), 
and will remain in force until terminated. You may terminate 
the licenses granted in this Agreement at any time by 
destroying the Software and any accompanying documentation, 
together with any and all copies thereof. The licenses 
granted in this Agreement will terminate automatically if 
you breach any of its terms or conditions or any of the 
terms or conditions of any other agreement between you and 
TeamSpeak Systems. Upon termination, you shall immediately 
destroy the original and all copies of the Software and any 
accompanying documentation, or return them to TeamSpeak 
Systems.

SOFTWARE SUGGESTIONS

TeamSpeak Systems welcomes suggestions for enhancing the 
Software and any accompanying documentation that may result 
in computer programs, reports, presentations, documents, 
ideas or inventions relating or useful to TeamSpeak Systems' 
business. You acknowledge that all title, ownership rights, 
and intellectual property rights concerning such suggestions 
shall become the exclusive property of TeamSpeak Systems and 
may be used for its business purposes in its sole discretion 
without any payment or accounting to you.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the 
parties concerning the Software, and is subject to change by 
TeamSpeak Systems at any time. This Agreement shall be 
governed by the laws of Essen, Germany, excluding its 
conflict of law provisions. All disputes relating to this 
Agreement are subject to the exclusive jurisdiction of the 
courts of Essen, Germany and you expressly consent to the 
exercise of personal jurisdiction in the courts of Essen, 
Germany in connection with any such dispute. This Agreement 
shall not be governed by the United Nations Convention on 
Contracts for the International Sale of Goods. If any 
provision in this Agreement should be held illegal or 
unenforceable by a court of competent jurisdiction, such 
provision shall be modified to the extent necessary to 
render it enforceable without losing its intent, or severed 
from this Agreement if no such modification is possible, and 
other provisions of this Agreement shall remain in full 
force and effect. A waiver by either party of any term or 
condition of this Agreement or any breach thereof, in any 
one instance, shall not waive
such term or condition or any subsequent breach thereof.
