| TEAMVIEWER® END-USER LICENSE AGREEMENT |
| |
| PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS |
| END USER LICENSE AGREEMENT ("EULA”). This EULA is a legal |
| agreement between you and TeamViewer GmbH (“TEAMVIEWER”) for |
| the licensing and use of the TeamViewer software, which includes |
| TeamViewer, TeamViewer Touch, TeamViewer Manager, TeamViewer |
| Management Console, TeamViewer Portable, TeamViewer MSI Package, |
| TeamViewer for iPad®, iPhone® and Android®, computer software and |
| applications (“SOFTWARE”). This EULA also covers Software, |
| any associated media, printed materials, and “online” or |
| electronic documentation (collectively “PRODUCT”). Future |
| releases of the Product may contain amendments to this EULA. |
| |
| BY CLICKING ‘I ACCEPT’ OR DOWNLOADING, OR OTHERWISE USING |
| THE SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND |
| CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS |
| OF THIS EULA, PLEASE IMMEDIATELY RETURN, DELETE OR DESTROY ANY AND |
| ALL COPIES OF THE SOFTWARE YOU MAY HAVE. |
| |
| 1. LICENSE GRANT. Unless otherwise provided in the applicable |
| Software documentation, TeamViewer grants you, under this EULA, a |
| license to use the Product for an indefinite period of time. The |
| license granted herein is non-exclusive and its scope is dependent |
| on whether you use the Software for personal or commercial use. |
| (i) Private Use of TeamViewer: if your use of the Software is for |
| your private use, you may install the Software on private |
| computers to be used in any one session at any one time; Private |
| Use is use of TeamViewer for purposes that are of no commercial |
| nature and for which you are neither directly nor indirectly paid |
| (for more information see |
| http://www.teamviewer.com/link/?url=569877) (ii) TeamViewer |
| Business: you are allowed to install the Software on one computer |
| and are only allowed to run up to three connections in Remote |
| Control mode or have up to 15 participants in any Meeting on that |
| one computer; (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 a single computer you 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 allowed to install the Software on an unlimited |
| number of computers, out of all of the computers, you are only |
| allowed to run three concurrent sessions at any one time; however |
| from a single computer you are allowed to establish up to 15 |
| connections in Remote control mode or have up to 25 participants |
| in any Meeting; (v) TeamViewer Professional: The software may be |
| licensed to one specified TeamViewer account. This TeamViewer |
| account is accessed by a "Named User"¹ entering personal user |
| data. After logging in to the TeamViewer account on any computer, |
| the Named User can establish up to 10 connections in Remote |
| Control mode or have up to 25 participants in any Meeting; or |
| (vi) TeamViewer Enterprise: This software package may be licensed |
| to three specified TeamViewer accounts. Each TeamViewer account |
| is accessed by a Named User entering personal user data. After |
| logging in to the TeamViewer account on any computer, the Named |
| User can establish up to 10 connections in Remote Control mode or |
| have up to 25 participants in any Meeting. Each Named User can |
| establish up to 10 connections in Remote Control mode or have up |
| to 25 participants in any Meeting. Based on the foregoing |
| calculations, virtualized desktops or computers or other hardware |
| running multiple operated systems shall be counted as individual |
| computers towards the total count. Additional concurrent users of |
| the Software will require the respective additional licenses. |
| ¹A "Named User" is a natural person named by the Customer, who |
| has permission to use the software. This person is not entitled |
| to pass on his/her log-in data to others. |
| |
| 2. SUPPORT. In addition to your warranty claims, TeamViewer, in |
| its sole determination, will provide you with support, which |
| shall consist of: (i) telephone or electronic support to you in |
| order to help you locate and, on your own, correct problems with |
| the Product and / or (ii) supplying extensions, enhancements and |
| other changes that TeamViewer may make to the Product and which |
| is made publicly available, without additional charge, to other |
| licensees of the Product that are enrolled in Support. |
| |
| 3. BETA TESTING. TeamViewer can provide you with Beta test |
| versions of Product “AS IS”, free of charge, and WITHOUT |
| WARRANTY OF ANY KIND. Such provision is done so only for the |
| purpose of assisting TeamViewer with testing functionality or |
| compatibility. Should you use this test version, please provide |
| TeamViewer with compelling feedback in whatever format you may |
| wish, or are directed by (“CONTRIBUTION”). You expressly |
| acknowledge that your participation in any beta testing is |
| undertaken by you on a volunteer basis and that you shall have |
| no right in the beta Product or Contribution, whether in original |
| form (as provided to you) or in respect of any derivative work |
| (whether or not based upon, in whole or in part, on any |
| participation or feedback you may make). Notwithstanding the |
| foregoing, you agree to grant to TeamViewer, free of charge, all |
| rights of use in respect of your Contribution. |
| |
| 4. RESTRICTIONS. Except as otherwise agreed in writing , you |
| shall have no right and you shall not permit any third party to: |
| (i) make error corrections to or otherwise modify or adapt the |
| Product or decompile, decrypt, disassemble, reverse engineer or |
| attempt to reconstruct or discover any source code or underlying |
| ideas, algorithms, 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, unless expressly permitted by law |
| in each case; or (ii) circumvent or provide the method or means |
| to circumvent any TMP in the Product; or (iii) use the Product in |
| any manner not expressly authorised herein. |
| |
| 5. SCOPE OF LICENSE. TeamViewer is the holder of all intellectual |
| property rights in the Product, throughout the world. Please note |
| that the Product may contain third-party software. With the |
| license, you will be granted, according to Sec. 1, the |
| non-exclusive right to use the Product, which shall constitute no |
| sale. You shall be granted no furtherrights or titles in, or to, |
| the Product in excess of this EULA. TeamViewer and its licensors |
| retain ownership of all copies of the Product and reserves all |
| rights not expressly granted to you under this EULA. |
| |
| 6. CONSENT TO USE OF DATA. TeamViewer and you shall comply with |
| the respective provisions of the applicable data protection laws. |
| TeamViewer takes the protection of your personal data very |
| seriously and strictly abides by the data protection laws. |
| TeamViewer collects, processes and uses your data for the |
| implementation and processing of the contractual relation with |
| you, in particular for successfully establishing connections over |
| the Internet. Beyond that, your data will not be used without |
| your prior consent, in particular not for advertising purposes. |
| Non-personal data may be collected automatically to offer you |
| first-class service, especially to facilitate and improve the |
| provision of software updates, Support, Content, TPM and other |
| services. |
| |
| 7. CONTENT UPDATES; TECHNOLOGICAL PROTECTION MEASURES |
| (“TPM”). Some Products require, for optimum use and |
| TeamViewer may provide to you, in a number of formats (feeds, |
| definition files etc), content that is automatically, |
| synchronised or updated from time to time with TeamViewer’s |
| servers or systems (“CONTENT”). Such content may be |
| provided for a limited time, from time to time, or in accordance |
| with an applicable and valid Support agreement. The Products may |
| also contain technological protection measures, for instance a |
| license key or code, that prevents unlimited copying, or limit |
| time of use or functionality in accordance with the type of |
| license that you purchase (“TPM”). You consent that the |
| Product will automatically contact TeamViewer to receive Content |
| and, in addition, if and when any of the following events occur: |
| (i) the Product is successfully installed by you; (ii) you fail |
| to install the Product successfully; (iii) the Product has been |
| successfully configured; (iv) there are changes to the |
| Product’s license key or TPM; and / or (v) the Product is |
| uninstalled. TeamViewer has offices worldwide and you acknowledge |
| and consent that any data collected may be sent to any TeamViewer |
| office or affiliate for processing, including locations outside |
| of the USA and European Union. Your consent to this Section 7 is |
| limited to any data not being your personal data. For any of your |
| personal data collected, processed or otherwise used in |
| connection with this Section 7, Section 6 applies accordingly. |
| |
| 8. TERMINATION. You, as private user, and TeamViewer may terminate |
| the present EULA at any time; otherwise, it may be terminated in |
| accordance with the legal provisions. In case of termination, you |
| must cease all use of the Product, destroy all copies (including |
| any components) of the Product, or, at TeamViewer’s request, |
| return such copies to TeamViewer. Sections 2, 5, 10, 11, 12 and |
| 13 of this EULA shall survive any termination of this EULA. |
| |
| 9. EXPORT CONTROLS. You agree that the Product will not be used, |
| shipped, transferred or exported into any country or to anyone: |
| (i) which the EU or UN has embargoed goods; (ii) where the |
| national legislation of the relevant EU Member State has |
| embargoed goods; (iii) listed in any enacted Common Position on |
| restrictive measures imposed by the EU; (iv) on the U.S. Treasury |
| Department’s list of Specially Designated Nationals or the |
| U.S. Commerce Department’s Table of Deny Orders; or (v) in any |
| manner prohibited by the EU Common Foreign and Security Policy, |
| the United States Export Administration Act, or any other export |
| laws or regulations. By using the Product you represent that you |
| are not located in, under the control of, or a national or |
| resident of any such country or on any such list and you take |
| full and sole responsibility for such use. |
| |
| 10. WARRANTY. TeamViewer warrants its commercial users that the |
| Product supplied will be free from defects for a period of two |
| years from the date of receipt of the Product. No warranty for |
| defects is provided to private users, unless such defect was |
| maliciously concealed. Any supplements or updates to the Product, |
| including without limitation, any (if any) service packs, patches |
| or fixes provided to you are not covered by any warranty; they |
| are rather provided ‘AS IS’. This warranty is personal to |
| you and cannot be transferred. |
| REMEDY: If a Product media defect arises and you have a valid |
| claim, TeamViewer will remedy the defect by one of the following |
| measures: (1) rectify the defect at no cost to you, using new or |
| refurbished parts that are equivalent to new in performance and |
| reliability, or (2) exchange the Product media with Product media |
| that is new or refurbished, which is at least functionality |
| equivalent to the original Product media, or (3) refund the |
| purchase price of the original Product media subject to your |
| provision of a valid receipt of purchase. The above regulations |
| shall, of course, not affect any other rights that you may have |
| by law. Rectification is free of charge for you. |
| Warranty claims are excluded if failure of the Product has |
| resulted from accident, abuse, misapplication, abnormal use, a |
| virus, or use after an upgrade was made available to you. |
| EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE USER |
| “AS IS”. TEAMVIEWER DOES NOT WARRANT THAT THE |
| SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET |
| YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE |
| UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL |
| BE CORRECTED. TEAMVIEWER DOES NOT WARRANT THAT THE PRODUCTS WILL |
| WORK WITH THIRD-PARTY PRODUCTS. FURTHERMORE, TEAMVIEWER DOES NOT |
| WARRANT THAT THE PRODUCTS OR SPECIFICALLY DESIGNED VERSIONS |
| THEREOF WILL CONTINUE TO BE AVAILABLE THROUGH THIRD-PARTY ONLINE |
| STORES OR MARKETS OR FOR SPECIFIC DEVICES MANUFACTURED BY THIRD |
| PARTIES. |
| |
| 11. LIMITATION OF LIABILITY: |
| Unless otherwise provided herein, TeamViewer shall be liable in |
| case of breach of contractual and non-contractual obligations as |
| provided for under applicable law. |
| TeamViewer shall be liable for damages – for whatever legal |
| reason – only in case of intent or gross negligence. Moreover, |
| TeamViewer shall be liable for damages to commercial users also |
| in case of simple negligence resulting in injury to life, body or |
| health or resulting in breach of an essential contractual |
| obligation; in that case, however, liability shall be limited to |
| replacement of the foreseeable, typical damage. |
| The above limitations of liability shall not apply if TeamViewer |
| has maliciously concealed a defect or has assumed liability for |
| the condition of the goods. The same shall apply to your claims |
| under the Product Liability Act. |
| You may terminate or rescind this EULA due to breach of obligation |
| that does not constitute a defect only if TeamViewer is |
| responsible for such breach of obligation. Any other ordinary |
| right of termination in excess of that shall be excluded for you. |
| |
| 12. INDEMNIFICATION. You agree to indemnify and hold TeamViewer, |
| its parent, partner, or subsidiary organizations, officers, |
| agents and employees, harmless from any claim, loss, demand, or |
| damage, including reasonable attorneys' fees, asserted by any |
| third party due to or arising out of your breach of any provision |
| of this EULA, your negligent or wrongful acts, and/or your |
| violation of any applicable laws. |
| |
| 13. ENTIRE AGREEMENT. This EULA (as may be amended by time to |
| time) is the entire agreement between you and TeamViewer relating |
| to the Product and the Support services (if relevant) and they |
| supersede all prior or contemporaneous oral or written |
| communications, proposals and representations with respect to the |
| Product or Support services. |
| |
| 14. GOVERNING LAW. This EULA shall be governed by the laws of |
| Germany. TeamViewer and you consent to the exclusive jurisdiction |
| of the courts located in Goeppingen, Germany. |
| |
| 15. U.S. GOVERNMENT RIGHTS. If you are obtaining software on |
| behalf of any part of the United States Government, the software |
| and any documentation shall be deemed "commercial software" and |
| "commercial computer software documentation", respectively, |
| pursuant to DFAR Section 227.7202 and FAR 12.212 and 52.227-19, |
| as applicable. Any use, modification, reproduction, release, |
| performance, display or disclosure of the software shall be |
| governed solely by the terms of this EULA shall be prohibited |
| except to the extent expressly permitted by the terms of this |
| EULA. |
| |
| 16. MISCELLANEOUS. (i) In the event this EULA is found illegal, |
| invalid or unenforceable, in part (or part of any provision), |
| you and TeamViewer shall agree on a provision that best reflects |
| the respective clause and that is legal, valid and enforceable; |
| (ii) nothing in this EULA, express or implied, is intended to, or |
| shall confer upon any other person or entity any legal or |
| equitable right, benefit or remedy of any nature whatsoever; |
| (iii) you may assign, pledge or otherwise transfer this agreement, |
| or any rights or obligations hereunder to a third party only with |
| TeamViewer’s prior written approval; and (iv) paragraph |
| headings are for convenience and shall have no effect or |
| interpretation. |
| |
| 17. NOTICES. All notices must be made in writing, and an email |
| shall be sufficient. All notices must be addressed to: |
| |
| TeamViewer GmbH |
| Legal Department |
| C/O: General Manager |
| Kuhnbergstr. 16 |
| 73037 Goeppingen |
| Germany |
| Email: legal@teamviewer.com |
| |
| Copyright © 2012 TeamViewer GmbH. All rights reserved. All |
| trademarks belong to their respective owners. |
| |
| Windows® is a trademark of the Microsoft group of companies. |
| iPhone® and iPad® are trademarks of Apple Inc., registered in |
| the U.S. and other countries. Android™ is a trademark of |
| Google Inc. |
| |
| Revised November 2012 |