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MASTER LICENSING AGREEMENT FOR AUTHORIZED TEAMSPEAK HOST PROVIDERS (ATHPs), NON-PROFIT LICENSEES (NPL) AND ANNUAL ACTIVATION LICENSEES (AAL)
THIS LICENSING AGREEMENT ('AGREEMENT') is entered into between 'you,' the person or company using the software brand TeamSpeak, developed by TeamSpeak Systems GmbH ('TeamSpeak'), and TeamSpeak Systems GmbH (Germany).
USE OF TEAMSPEAK SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
I. DEFINITIONS
1. 'Standard software' refers to the object code of TeamSpeak Voice Communication Software Version 3.x (binary executable) as well as to all previous versions, both the client and the server that are made available to you by TeamSpeak, including all standard software extensions, upgrades or updates that you receive if and when they are available.
2. 'Licensed material'refers to the standard software together with the documentation provided therewith and other information provided by TeamSpeak in conjunction with the license for the standard software.
3. 'Client' refers to the TeamSpeak standard software that connects to the TeamSpeak server software via the Internet. The client therefore usually runs on the computer of the end user. A client can be connected to one or more servers at the same time. Several clients can communicate with one another, if the communication data is routed through the server and distributed by it to other clients. Thus, clients do not communicate directly with one another, but only connect to the server, which acts as an exchange and router for voice communication.
4. 'Commercially active' refers to a person, a business, an organization, or a group (e.g. also a so-called 'clan' or 'guild,' such terms being commonly used by the gaming industry) or other entities. Moreover, the aforementioned groups pursue business activities through which their presence, and/or their operational structures including their Internet presence are employed to obtain economic benefits of any kind, including use of the software to realize profits and/or to obtain economic benefits.
The items listed below - without claiming to be comprehensive - are examples of commercially active entities:
a) Persons (individuals, but also companies or associations), even those not registered as a business, but which have a source of income from generating profits from direct sales, rental, advertising, or the privileged use of immaterial goods and services, donations, or revenue from the provision of other products or services (e.g. persons or companies that charge a fee for installing or servicing TeamSpeak software even if they do not charge a fee for hosting it). This also applies to instances in which only the server operating system is charged as a service and the installation of the TeamSpeak software is included as a part of the service package.
b) Hosting companies or organizations that charge a recurring fee - usually monthly - for the use of a server.
c) Hosting companies or organizations that do NOT charge a monthly fee for the use of a server, but rather obtain income from advertising and/or donations or from the provision of other products or services (as defined in I 4 a). A hosting company is also to be regarded as commercially active if it is compensated for the use of a server by advertising products or services of another company even if there is no charge for the use of a server itself. Such companies are usually referred to in the industry as 'sponsors.' An example: operators that receive 'payments' in the form of a virtual currency (gold etc.) in exchange for the use of a server in the context of a Massively Multiplayer Online Game (MMOG).
d) You are obligated to provide TeamSpeak with information at all times concerning the circumstances that form the basis for your classification as 'commercially active' in the sense of the criteria put forth above.
5. 'Server' refers to the TeamSpeak standard software that is installed on a computer (a 'server' in the sense of hardware) and acts as a host. This 'server' computer is usually to be found in a computing center and rarely at the location of the end user. The 'server' software is a program with which the client communicates in order to obtain access to special services and to enable an exchange of data between two or more clients that have established a connection to the server.
6. 'Virtual server' refers to an entity within the TeamSpeak server software that in turn externally presents itself as a stand-alone server (cf. point 5). While the server software generally only runs once for each individual computer, the software offers the opportunity to allow one or more virtual server entities to run simultaneously. In this manner the provider can make TeamSpeak server software available on a computer in the form of several virtual server entities that run simultaneously and thereby optimize utilization of available hardware resources. In such cases the server software serves as a container for one or more virtual servers that outwardly present themselves as independent stand-alone units. Unless possessing detailed knowledge thereof, the end user cannot determine whether or not two virtual servers are running on the same or different physical servers.
7. 'Slots' refers to the number of places made available to clients through a virtual server. Each connected client occupies one slot. The number of slots can be set individually for each individual server. This determines the number of slots and thereby how many end users can simultaneously connect to a virtual server and communicate with one another. If a virtual server is, for example, configured for 10 slots, a maximum of 10 users can be connected at the same time. The 11th user would be rejected by means of an error message. As soon as the user disconnects from the server, this person's slot becomes open and is once again available for incoming connections. Slots constitute the basic accounting unit, because a TeamSpeak provider usually sells servers with a limit on concurrent users and invoice this service based on the number of slots sold.
8. 'Dynamic slot adaptation' refers to intentional repeated increases and decreases of the slots on a virtual server with the objective to thereby obscure the actual number of resold slots, in order to achieve a reduction of the average slot count used in a given month and in turn lowering the invoice amount.
9. 'Authorized TeamSpeak host provider' or 'ATHP' designates an economic unit that acquires a license for standard software in return for a payment of a monthly fee. ATHPs usually also charge their customers a monthly fee for use of the virtual server or link the use of the virtual server with other free or paid services or offers for their customers. The ATHP license is mandatory as soon as TS3 servers are offered in return for compensation or to obtain economic benefits of any kind (e.g. also so-called 'sponsoring,' advertising, etc.). It is hereby expressly pointed out that the ATHP is not entitled to resell the license it has acquired (or parts thereof) to third parties.
10. Annual Activation Licenses (AALs) are intended for 'commercially active' clients (No. 4 of this Section) wishing to host a TeamSpeak server. Standard configurations for servers and slot counters are offered through our automated sales system. However, should you require a larger number of servers or slots, it may be possible to issue a user-defined license in order to meet your needs. To discuss this possibility, please contact our sales team. No claim to the provision of the user-defined license exists.
The purchase of a TeamSpeak AAL in standard configuration is a simple and fully automated procedure. To request TeamSpeak AAL, you must open an account on the TeamSpeak Web site and provide all required information in a true and complete manner. Then you add the license by choosing 'Buy NEW License.' You shall be invoiced immediately for this. Once you have paid, the license is automatically provided and you shall receive your license key by email. AALs are issued for a period of one year.
The AAL is initially contracted for one year (year indicates the contract year, therefore calculated one year from the point in time at which the signed contract has

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