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+TEAMVIEWER® END-USER LICENSE AGREEMENT

+

+PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA”). THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TEAMVIEWER GMBH. 

+

+BY CLICKING ‘I ACCEPT’ OR DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS EULA.  IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS EULA, IMMEADIATELY RETURN, DELETE OR DESTROY ANY AND ALL COPIES OF THE SOFTWARE YOU MAY HAVE.

+

+This EULA is a legal agreement between you and TeamViewer GmbH (“TEAMVIEWER”) for this TeamViewer software, which includes TeamViewer, TeamViewer Manager, TeamViewer Web Connector, TeamViewer Portable, TeamViewer MSI Package, TeamViewer for IPad®, IPhone® and Android®, computer software, 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. 

+

+1. LICENSE GRANT.  TeamViewer Software is licensed and not sold.  TeamViewer grants 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 unless 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 accordance with the type of license you have purchased, as follows: (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; (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 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 that 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 that single computer you are allowed to establish up to 15 connections in Remote control mode or have up to 25 participants in any Meeting. Additional concurrent users of the Software will require additional license purchases. Running a computer as a virtual computer or running multiple operating systems on the same hardware also requires an additional license purchase in each case. 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 to you 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. CONFIDENTALITY. The Product, in all formats existing, are a trade secret of and proprietary to TeamViewer, its suppliers and / or licensors, including but not limited to, the specific internal code, design and structure of individual programs and software, the display and associated interface information.  You shall maintain Product confidence and prevent disclosure of the same by using a reasonable degree of care. You shall not disclose the confidential aspects of the Product, or part thereof, to anyone for any purpose.

+

+4. BETA TESTING. Beta versions of Product may be provided to you WITHOUT WARRANTY OF ANY KIND, “AS IS” AND SUBJECT TO THE CONFIDENTIALITY CONDITIONS ABOVE.  Such provision is done so only for the purpose of assisting TeamViewer with testing functionality or compatibility and on the express condition that you provide TeamViewer with truthful, accurate and complete feedback, comments, analysis in whatever format you may wish, or are directed by, to provide such to TeamViewer (“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 a royalty – free, perpetual, transferable license to commercially use and sub-license in TeamViewer’s sole discretion, any and all Contribution.  

+

+5. INTELLECTUAL PROPERTY RIGHTS: The Product is protected by world-wide copyright, trademark and other intellectual property laws and treaties. You hereby acknowledge that third-party software may be incorporated into the Product.  TeamViewer, its licensors and any applicable third party, own all title, copyright, and other intellectual property rights in and to the Product.

+

+6. RESTRICTIONS. Except as otherwise expressly provided under this EULA, you shall have no right and you shall not permit any third party to: (i) transfer, assign or sublicense the limited license rights granted to you in this EULA to any other person, or entity, or use the Product on any equipment other than an authorised Unit, and you acknowledge that any attempted transfer, assignment, sublicense or unauthorised use shall be void; (ii) 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, except to the minimum extent expressly permitted under applicable law notwithstanding this restriction;; or (iii) circumvent or provide the method or means to circumvent any TMP in the Product; or (iv) use the Product in any manner not expressly authorised herein.

+

+7. RESERVATION OF RIGHTS. You acknowledge that all intellectual property rights in the Product, throughout the world, belong to TeamViewer.  You acknowledge that rights in the Product are licensed (not sold) to you, and that you have no rights or title in, or to, the Product other than the right to use them in accordance with the terms 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.

+

+8. CONTENT UPDATES; TECHNOLOGICAL PROTECTION MEASURES (“TPM”). Some Products require, for optimum use and TeamViewer, in its sole discretion, 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.

+

+9. TERMINATION. Without prejudice to any other rights, TeamViewer may terminate, without notice, this EULA and your right to use the Product, if you do not abide by its terms, in which case 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 1, 3, 4, 7, 10, 11, 12, 13, 14 and 15 shall survive any termination of this EULA.

+

+10. CONSENT TO USE OF DATA. TeamViewer respects your privacy and shall adhere to the terms of its Privacy Policy which can be found at: www.teamviewer.com/privacy .  You agree that TeamViewer, its subsidiaries and affiliates may collect and use personally identifiable information, not limited to technical information about your computer, system and application software that is gathered periodically and automatically to facilitate and improve upon the provision of software updates, Support, Content, TPM and other services to you. 

+

+11. DATA PROTECTION. Each party shall comply with its respective obligations under applicable data protection laws (“DPL”). Neither party shall do any act that puts the other party in breach of its obligations as per this Section nor shall nothing in this EULA be deemed to prevent any party from taking any action it reasonably deems necessary to comply with DPL. You agree that during the course of this EULA: (i) in respect of data you collect. you alone shall determine the purposes for which and the manner in which personal data are, or will be, processed; (ii) you are the data controller in respect of all personal data you may process; and (iii) you consent and have obtained consent from the data subject (third party) to send their personal data to TeamViewer in countries outside the European Union or USA. TeamViewer agrees that, with your express consent, it is the data processor in respect of the personal data processed as provided by you, during the course of this EULA. You warrant and undertake that any instructions given by you to TeamViewer will at all times be in accordance with the requirements of DPL. You shall fully indemnify TeamViewer against any loss, damages, liability and costs (including attorneys’ fees) incurred by TeamViewer as a result of any breach of DPL by you. You agree that TeamViewer may disclose any information held about you or via you to legitimate judicial or legal authorities.

+

+12. 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.

+

+13. LIMITED WARRANTY.

+Different countries have different consumer (someone who uses the Products outside of their business or trade) laws and regulations depending upon your country of purchase or residence.  These different statutory consumer laws may provide alternative remedies then that provided hereunder.  The protection provided under this warranty is in addition to such statutory consumer laws and this warranty is not intended to limit or exclude your consumer statutory rights as it relates to non conformity of a sales contract.

+	

+TEAMVIEWER PRODUCT: TeamViewer warrants that the media upon which any Product is distributed will be free from defects for a period of ninety (90) days from the date of original purchase by you of the Product. No warranty is provided to you after this period. Any supplements or updates to the Product, including without limitation, any (if any) service packs, patches or fixes provided to you after the expiration of the ninety-day limited warranty period are not covered by any warranty or condition, neither express, implied nor statutory and are 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 at its option may: (1) repair 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 (that is equivalent to new in performance and reliability), 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.

+	

+You will receive the remedy elected by TeamViewer without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product media to TeamViewer, handing and re-stocking fees of 15%). This Limited Warranty is void if failure of the Product media has resulted from accident, abuse, misapplication, abnormal use, a virus, or use after an upgrade was made available to you. Any replacement Product media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

+	

+EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE USER “AS IS”.  TO THE MAXIMUM EXTENT PERMITTED BY LAW THIS WARRANTY AND THE REMEDIES HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMIEDIES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WARRANTIES FOR LATENT OR HIDDEN DEFECTS.  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. FURTHERMORE, 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, ACCURACY, RELIABILITY, OR OTHERWISE. IF THIS EXCLUSION IS NOT PERMITTED BY LAW, TeamViewer LIMITS ANY EXPRESS,  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.  SOME STATES OR COUNTRIES DO NOT ALLOW SUCH LIMITATION AND THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

+	

+14. LIMITATION OF LIABILITY: 

+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TeamViewer, ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, 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, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA,  UNDER ANY THEORY OF LAW OR FAULT OF TeamViewer OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR SUPPLIERS, AND EVEN IF TeamViewer OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS.  TeamViewer EXLCUDES ANY LIABILITY FOR FAILURE TO REPAIR ANY PRODUCT. SOME STATES OR COUNTRIES DO NOT ALLOW SUCH LIMITATION AND THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

+	

+NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT TEAMVIEWER SHALL INCUR HEREUNDER SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT.

+	

+15. INDEMNIFICATION. You agree to indemnify, defend, and hold TeamViewer, its parent, subsidiary, or affiliate 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.

+

+16. 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 any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or Support services. To the extent the terms of any TeamViewer Terms of Sale, policies or programs conflict with the terms of this EULA, the terms of this EULA shall prevail and control.

+

+17. GOVERNING LAW. This EULA shall be governed by, and construed in accordance with, the laws of Germany and he parties unconditionally and irrevocably consent to the exclusive jurisdiction of the courts located in Goeppingen, Germany, and the parties waive any objection with respect thereto, for the purpose of any action, suit or proceeding arising out of or relating to this EULA or the transactions contemplated hereby.

+

+18. INTELLECTUAL PROPERTY RIGHTS. The Product is protected by world-wide copyright, trademark and other intellectual property laws and treaties. You hereby acknowledge that third-party software may be incorporated into the Product. TeamViewer, its licensors and any applicable third party, own all title, copyright, and other intellectual property rights in and to the Product.

+

+19. PUBLICITY. You agree that TeamViewer may refer to the name of your corporation as a customer of TeamViewer, both internally and in externally published media; any additional disclosure by TeamViewer with respect to you or your company shall be subject to your prior written consent.

+

+20. 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.

+

+21. EQUITABLE RELIEF. The parties agree that irreparable damage would occur if any provision of this EULA were not performed in accordance with the terms hereof and that the parties shall be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof (without any requirement to post bond or guarantee), in addition to any other remedy to which they are entitled at law or in equity.

+

+22. MISCELLANEOUS.  The delay or failure of either party to exercise any right provided in the Agreement shall not be deemed a waiver.This EULA: (i) in the event of any conflict of interpretation between the English language version of this EULA and any other translation, the English language version shall prevail and control;  (ii) may not be amended by you, but TeamViewer may amend the EULA from time to time and shall post any amended EULA on its website at www.teamviewer.com ; (iii) and the remedies of the parties are cumulative and will not exclude any other remedies to which the party may be lawfully entitled, (iv) constitutes the entire understanding between the parties with respect to the subject matter of this EULA and supersedes all prior agreements, negotiations and discussions between the parties relating to it, (v) in part (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable; (vi) is for the sole benefit of  TeamViewer and you and nothing herein, 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 under or by reason of this EULA; (v) you may not assign, pledge or otherwise transfer this agreement, nor any rights or obligations hereunder in whole or in part to any entity; and (vi) paragraph headings are for convenience and shall have no effect or interpretation.

+ 

+23. NOTICES.   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), or sent via email to legal@teamviewer.com (with evidence of effective transmission). All notices must be addressed to:

+

+TeamViewer GmbH

+Legal Department 

+C/O: General Manager

+Kuhnbergstr. 16

+73037 Göppingen

+Germany 

+Email: legal@teamviewer.com

+

+

+Copyright © 2011 TeamViewer GmbH. All rights reserved.  All trademarks belong to their respective owners.

+ 	

+Windows® are trademarks 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 2011