[pkgsrc/trunk]: pkgsrc/licenses update teamspeak licence

[abs <abs%pkgsrc.org@localhost>]

details:   https://anonhg.NetBSD.org/pkgsrc/rev/d8cd9d4c617b
branches:  trunk
changeset: 528357:d8cd9d4c617b
user:      abs <abs%pkgsrc.org@localhost>
date:      Mon Apr 30 15:31:08 2007 +0000

description:
update teamspeak licence

diffstat:

 licenses/teamspeak-license |  370 ++++++++++++++++++++++++++++----------------
 1 files changed, 238 insertions(+), 132 deletions(-)

diffs (truncated from 442 to 300 lines):

diff -r 4344ee6c4917 -r d8cd9d4c617b licenses/teamspeak-license
--- a/licenses/teamspeak-license        Mon Apr 30 15:20:23 2007 +0000
+++ b/licenses/teamspeak-license        Mon Apr 30 15:31:08 2007 +0000
@@ -1,9 +1,10 @@
 TeamSpeak End User License Agreement
-Last Updated: July 25th, 2006
+Last Updated: February 13th, 2007
 
-THIS IS A LEGAL AGREEMENT between 'you,' the end user of TeamSpeak
-brand software, and TeamSpeak Systems, an Essen, Germany based
-company.
+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
@@ -12,9 +13,17 @@
 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. IF YOU DO NOT AGREE TO
-THESE TERMS AND CONDITIONS, YOU SHOULD INDICATE SO AT THE BOTTOM
-OF THIS SCREEN AND DO NOT PROCEED.
+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
 
@@ -37,73 +46,122 @@
 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 Systemsâs copyright
-notice.
+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.
+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 oth
-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.
+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.
 
-4. 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
-â If you âsponsorâ 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 â 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.
+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.
 
-5. Single Server Use Licensing (SSUL) Fees SSUL is 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 as they are
-made available. After the 1 year period expires, you may continue
-using the existing version but will not be able to upgrade without
-an additional upgrade fee.
+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:
 
-6. SSUL Examples Examples where SSUL 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 ATHPs normal customer base or server farm.
+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.
 
-7. SSUL 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 TeamSpeak
-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 Systemsâs other licensees. Nothing in
-this Agreement shall be construed to obligate TeamSpeak Systems to
+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.
 
-8. Billing All billing is handled by Triton CI & Associates, LLC,
-a San Diego, California, USA based limited liability company. Any
-and all licensing or billing related inquiries must be e-mailed to
+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@localhost.
 
-9. Pricing The latest pricing information can always be found at
-our website via the following link: http://sales.tritoncia.com/pricing.php
-For bulk rates or licensing packages not offered or shown on our
-website please contact us via e-mail at sales%tritoncia.com@localhost.
+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
 
@@ -112,75 +170,108 @@
 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 must not exceed a total of 1000 slots
-over a maximum of 10 TeamSpeak servers within your organization.
-In addition, you must configure each of your servers to run no more
-than 100 slots.
+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 If your non-commercial
-entity hosts TeamSpeak servers 100% free of charge to the open pub
-AND your website is free of any advertisements or Paypal donation
-buttons, you may be entitled to receive a special NPO license.  In
-order to qualify you must meet ALL of the following REQUIREMENTS:
+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) Your website must be up and
-running/active/live so we can visit the site and review its content.
-d) Your entity must be large enough to require at least 1000 slots
-(regardless of the number of servers).  For further information
-please contact sales%tritoncia.com@localhost. 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.
+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