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USER LICE NSE AGREEMENT ("EULA ). THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TE AMVIEWER GMBH. BY CLICKING I ACCEPT OR DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONS ENTING TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS EULA. IF YOU DO NOT A GREE TO ANY OF THE TERMS OF THIS EULA, IMMEADIATELY RETURN, DELETE OR DESTROY AN Y AND ALL COPIES OF THE SOFTWARE YOU MAY HAVE. This EULA is a legal agreement between you and TeamViewer GmbH ( TEAMVIEWER ) for th is TeamViewer software, which includes TeamViewer, TeamViewer Manager, TeamViewe r Web Connector, TeamViewer Portable, TeamViewer MSI Package, TeamViewer for IPa d®, IPhone® and Android®, computer software, applications ( SOFTWARE ). This EULA also cov ers Software, any associated media, printed materials, and online or electronic do cumentation (collectively PRODUCT ). Future releases of the Product may contain ame ndments to this EULA. 1. LICENSE GRANT. TeamViewer Software is licensed and not sold. TeamViewer gra nts you, from date of first use for the duration of the license you use or have purchased, or otherwise as set out in the applicable Software documentation or u nless terminated in accordance with the terms herein, the following rights only if you comply with all of the terms of this EULA. The license granted herein is subject to whether you use the Software for personal or commercial use and in ac cordance with the type of license you have purchased, as follows: (i) Private Us e of TeamViewer, if your use of the Software is for your private use, you may in stall the Software on private computers to be used in any one session at any one time; (ii) TeamViewer Business, you are allowed to install the Software on one computer and are only allowed to run one session on any one computer at any one time and during this one time you are allowed to run up to three sessions in Rem ote Control mode or have up to 15 participants in any Meeting on that one comput er; (iii) on TeamViewer Premium, you are allowed to install the Software on an unlimited number of computers, out of all of the computers, you are only allowed to run one concurrent session at any time. However from that single computer y ou are allowed to establish up to 10 connections in Remote control mode or have up to 25 participants in any Meeting; or (iv) TeamViewer Corporate, you are allo wed to install the Software on an unlimited number of computers, out of all of t he computers, you are only allowed to run three concurrent sessions at any one t ime. However from that single computer you are allowed to establish up to 15 con nections in Remote control mode or have up to 25 participants in any Meeting. Ad ditional concurrent users of the Software will require additional license purcha ses. Running a computer as a virtual computer or running multiple operating syst ems on the same hardware also requires an additional license purchase in each ca se. This EULA covers any updates, new releases or enhancement(s) of the Product, which TeamViewer may make available to you from time to time for purchase. 2. SUPPORT. Any support that TeamViewer s in its sole determination, may provide t o you shall consist of: (i) telephone or electronic support to you in order to h elp you locate and, on your own, correct problems with the Product and / or (ii) supplying extensions, enhancements and other changes that TeamViewer may make t o the Product and which is made publicly available, without additional charge, t o other licensees of the Product that are enrolled in Support. 3. CONFIDENTALITY. The Product, in all formats existing, are a trade secret of a nd proprietary to TeamViewer, its suppliers and / or licensors, including but no t limited to, the specific internal code, design and structure of individual pro grams and software, the display and associated interface information. You shall maintain Product confidence and prevent disclosure of the same by using a reaso nable degree of care. You shall not disclose the confidential aspects of the Pro
if and when any of the following events occur: (i) the Product is successfully installed by you. 6. or (iii) circumvent or provide the method or means to circumvent any TMP in the Pr oduct. BETA TESTING. or limit time of use or functionality in ac cordance with the type of license that you purchase ( TPM ). disassemble. TECHNOLOGICAL PROTECTION MEASURES ( TPM ). and you acknowledge that any attempted transfer. to provide such to TeamViewer ( CONTRI BUTION ). for instance a license key or co de. Except as otherwise expressly provided under this EULA.duct. assi gn or sublicense the limited license rights granted to you in this EULA to any o ther person. analysis in whatev er format you may wish. on any participation or feedback you may make). assignment. to anyone for any purpose. content that is automaticall y. CONTENT UPDATES. RESTRICTIONS. accurate and complete feedback. 7. in a number of formats (feeds. the Product other than the right to use them in accordan ce with the terms of this EULA. Such pr ovision is done so only for the purpose of assisting TeamViewer with testing fun ctionality or compatibility and on the express condition that you provide TeamVi ewer with truthful. (iii) the P roduct has been successfully configured. Notwithstanding the foregoin g. Beta versions of Product may be provided to you WITHOUT WARRANT Y OF ANY KIND. copyright. 8. (iv) there are changes to the Product s l icense key or TPM. or part thereof. INTELLECTUAL PROPERTY RIGHTS: The Product is protected by world-wide copyrigh t. belong to TeamViewer. trademark and other intellectual property laws and treaties. Some Products require . You expressly acknowledge that your participation in any beta testing i s undertaken by you on a volunteer basis and that you shall have no right in the beta Product or Contribution. You consent that the Pr oduct will automatically contact TeamViewer to receive Content and. its licensors and any applicable third party. RESERVATION OF RIGHTS. whether in original form (as provided to you) or in respect of any derivative work (whether or not based upon. file formats or programming or interoperability interfaces of Product or of any files contained or generated using Product by any means whatsoever or otherwise reduce the Product to human-readable form. that prevents unlimited copying. except to the minimum exten t expressly permitted under applicable law notwithstanding this restriction. or to. you agree to grant to TeamViewer a royalty free. or in accordance with an applicable and valid Support agreement. and other intellectual property rights in and to the Product. TeamViewer and its licensors retain ownership of all copies of the Product and reserves all rights not expressly granted to you under this EULA. (ii) you fail to install the Product successfully. or entity. perpetual. synchronised or updated from time to time with TeamViewer s servers or systems ( CONTENT ). any and a ll Contribution. and that you have no rig hts or title in. TeamViewer has offic . you sha ll have no right and you shall not permit any third party to: (i) transfer. throughout the world. You hereby ackno wledge that third-party software may be incorporated into the Product. own all title. 4. may provide to you. or are directed by. definition files etc). AS IS AND SUBJECT TO THE CONFIDENTIALITY CONDITIONS ABOVE. decrypt. in addition. The Products may also contain technological protection measures. sublicen se or unauthorised use shall be void. or (iv) use the Product in any manner not expressly authorised herein.. You acknowledge tha t rights in the Product are licensed (not sold) to you. reverse engine er or attempt to reconstruct or discover any source code or underlying ideas. TeamView er. You acknowledge that all intellectual property rights in the Product. (ii) make error corrections to or otherwis e modify or adapt the Product or decompile. and / or (v) the Product is uninstalled. 5. comments. from time to time. in whole or in par t. for optimum use and TeamViewer. Such content may be provided for a limited time. or use the Product on any equipment other than an author ised Unit. al gorithms. transferable lice nse to commercially use and sub-license in TeamViewer s sole discretion. in its sole discretion.
Any replacement Product media will be warranted for the remainder of t he original warranty period or thirty (30) days. AND EVEN IF TeamViewer OR ANY OF ITS AFFILIATES. DAMA GES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION. patches or fixes provided to you after the expiration of the ninety-day limited warranty period are not covered by any warranty or condition. including without limitation. handing and re-stocking fees of 15%). SUBSIDIARIES. EXPRESS. FOR LOSS OF PRIVACY. You will receive the remedy elected by TeamViewer without charge. . neither express.g. TeamViewer DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT PROVIDED IN RESPECT OF ITS CORRECTNESS . This Limited Warr anty is void if failure of the Product media has resulted from accident. REMEDY: If a Product media defect arises and you have a valid claim. IF THIS EXCLUSION IS NOT PERMITTED BY LAW . OR OTHERWISE. or (2) exc hange the Product media with Product media that is new or refurbished (that is e quivalent to new in performance and reliability). TeamViewe r DOES NOT WARRANT THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS. a virus. which is at least functionalit y equivalent to the original Product media. RELIABILITY. 14. FOR BUSINESS INTER RUPTION. OR CONSEQUENTIAL DAMAGES WHATSOEVER (NOT LIMITED TO. STATUTORY OR IMPLIED WARRANTIES AS TO DURATION TO THE EXTENT OF THIS LIMITED WARRANTY AND THE REPAIR OR REPLACEMENT REMEDY AS DETERMINED BY TeamViewer IN ITS SOLE DISCRETION. abnormal use. IN NO EVENT SHALL TeamViewer. AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT. WARRANTIES FOR LATENT OR HIDDEN DEFECTS. or (3) refund the purchase price of the original Product media subject to your provision of a valid receipt of purch ase. MERCHANTABILITY. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. ACCURACY. SUBSIDIARIES OR SUPPLIERS. LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL. OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA. Any supplements or updates to the Product. or use after an upgrade was made availabl e to you. No warranty is provided to you after this period. cost of shipping the Prod uct media to TeamViewer. THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. whichever is longer. TeamViewer at its option may: (1) repair the defect at no cost to you. INDIRECT. except that yo u are responsible for any expenses you may incur (e. FURTHE RMORE. using new or refurbi shed parts that are equivalent to new in performance and reliability. WHETHER ORAL. misapplication. FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE. any (if any) service packs.distributed will be free from defects for a period of ninety (90) days from the date of original purchase by you of the Product. TO THE MAXIM UM EXTENT PERMITTED BY LAW THIS WARRANTY AND THE REMEDIES HEREIN ARE EXCLUSIVE A ND IN LIEU OF ALL OTHER WARRANTIES AND REMIEDIES. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS PROVIDED ABOVE. SUB SIDIARIES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This warranty is personal to you and cannot be transferred. THE MAXIMUM LIABILITY THAT TEAMVIEWER SHALL INCUR HEREUNDER SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT. IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION. THE PRODUCT IS PROVIDED TO THE USER AS IS . implied nor statutory and are provided AS IS . FOR NEGLIGENCE. TeamViewer EXLC UDES ANY LIABILITY FOR FAILURE TO REPAIR ANY PRODUCT. SOME STATES OR COUNTRIES DO NO T ALLOW SUCH LIMITATION AND THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU. ITS AFFILIATES. WARRANTIES OF FITNESS FOR A PARTICUL AR PURPOSE. OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. abuse. OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINT ERRUPTED OR ERROR-FREE. NOTWITHSTANDING THE FOREGOING. UNDER ANY THEORY OF LAW OR FAULT OF TeamViewer OR ANY OF ITS AFFILIATES. TeamViewer LIMITS ANY EXPRESS. INCIDENTAL. SOME STATES OR COUNTRIES D O NOT ALLOW SUCH LIMITATION AND THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU. FOR PERSONAL INJURY.
(iv) constitutes the entire understanding between the parties with respect to the subject matter of this EULA and supersedes all prior agreements. reproduction. performance. any additional disclosure by TeamViewer with respect to you or your company s hall be subject to your prior written consent. TeamView er. officers. its licensors and any applicable third party. demand. 21. and construed in accordance w ith. in addition to any other remedy to which they are enti tled at law or in equity. You agree to indemnify. To the extent the terms of any TeamViewer Terms of Sale. You hereby ackn owledge that third-party software may be incorporated into the Product. and other intellectual property rights in and to the Product. The parties agree that irreparable damage would occur if a ny provision of this EULA were not performed in accordance with the terms hereof and that the parties shall be entitled to equitable relief. Germany. ha rmless from any claim. This EULA (as may be amended by time to time) is the entir e agreement between you and TeamViewer relating to the Product and the Support s ervices (if any) and they supersede all prior or contemporaneous oral or written communications. U. This EULA shall be governed by. (ii) may not be amended by you.212 and 52. including injunctiv e relief or specific performance of the terms hereof (without any requirement to post bond or guarantee).teamviewer. modification. or damage. 18. as ap plicable. own all title. 19. defend. (iii) and the remedies of the parties are cumulative and will not exclude a ny other remedies to which the party may be lawfully entitled. including reasonable attorneys' fees.S. release. EQUITABLE RELIEF. and the parties waive any objection with respect thereto. ENTIRE AGREEMENT. INDEMNIFICATION. your negligent or wrongful acts. 22. pursuant to DFAR Section 227. copyright. 17. subsidiary. 16.227-19. GOVERNING LAW. trademark and other intellectual property laws and treaties.This EULA: (i) in the even t of any conflict of interpretation between the English language version of this EULA and any other translation. its pa rent. asserted by any third party due to or arising out of your breach of any pr ovision of this EULA. or affiliate organizations. You agree that TeamViewer may refer to the name of your corporati on as a customer of TeamViewer. proposals and representations with respect to the Product or Su pport services. Any use. The delay or failure of either party to exercise any right p rovided in the Agreement shall not be deemed a waiver. MISCELLANEOUS. GOVERNMENT RIGHTS. If you are obtaining software on behalf of any part of the United States Government. The Product is protected by world-wide copyrig ht. agents and employees. negotiations and discussions b . the terms of this EULA shall prevail and control. both internally and in externally published medi a. PUBLICITY. the English language version shall prevail and control. display or disclosure of the software shall be governed solely by the terms of this EULA sh all be prohibited except to the extent expressly permitted by the terms of this EULA.15.c om . loss." res pectively. but TeamViewer may amend the EULA from time to time and shall post any amended EULA on its website at www. INTELLECTUAL PROPERTY RIGHTS. and hold TeamViewer.7202 and FAR 12. policie s or programs conflict with the terms of this EULA. and/or your violation of any applicable laws. the software and any documentation shall be de emed "commercial software" and "commercial computer software documentation. suit or proceeding arising out of or relating to this EULA or the transacti ons contemplated hereby. the laws of Germany and he parties unconditionally and irrevocably consent to the exclusive jurisdiction of the courts located in Goeppingen. 20. for the purpose of any act ion.
express or implied. 16 73037 Göppingen Germany Email: legal@teamviewer. invalid or unenforceable. Android is a trademark of Google Inc. registered in the U.. 23. (v) in part (or part of any provision) is fou nd illegal. is intended to or shall confer upon any other person or entity any legal or equitab le right. and (vi) p aragraph headings are for convenience and shall have no effect or interpretation . pledge or otherwise transfer this agreement. NOTICES. (v) you may not assign. Windows® are trademarks of the Microsoft group of companies. nor a ny rights or obligations hereunder in whole or in part to any entity. benefit or remedy of any nature whatsoever under or by reason of this EULA. IPhone® and IPad® are tra demarks of Apple Inc. Revised November 2011 . All rights reserved.etween the parties relating to it. the provision shall apply with the minimum modification necessary to make it legal. All notices must be addressed to: TeamViewer GmbH Legal Department C/O: General Manager Kuhnbergstr.S. All notices must be in writing and shall be mailed by registered or certified mail (effective on the third day following the date of mailing).com Copyright © 2011 TeamViewer GmbH.com (with evidence of effective transmission ). and other countries. or sent via email to legal@teamviewer. All trademarks belong to t heir respective owners. valid and enforceable. (vi) is for the sole benefit of TeamViewer and you and nothing herein.
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