TeamSpeak 3

LICENSE AGREEMENT

October 25th, 2007

THIS IS A LEGAL AGREEMENT between "you," the company or end user of TeamSpeak 3 brand software, and TeamSpeak Systems GmbH, a Krⁿn, Germany company hereafter referred to as "TeamSpeak Systems".

Use of the software you are about to install indicates your acceptance of these terms. You also agree to accept these terms by so indicating at the appropriate screen, prior to the download or installation process. As used in this Agreement, the capitalized term "Software" means the TeamSpeak 3 voice over IP (VoIP) communication software 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 SO INDICATE BY CONTACTING TEAMSPEAK SYSTEMS AND PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND USE OF THIS SOFTWARE.

Ownership

The Software and any accompanying documentation are owned by TeamSpeak Systems and ownership of the Software shall at all times remain with TeamSpeak Systems. Copies are provided to you only to allow you to exercise your rights under this Agreement. This Agreement does not constitute a sale of the Software or any accompanying documentation, or any portion thereof. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in the Software or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by TeamSpeak Systems.

Grant of License Applicable To TeamSpeak 3

Subject to the terms and conditions set out in this Agreement, TeamSpeak Systems grants you a limited, nonexclusive, nontransferable and nonsublicensable right to use the Software called "TeamSpeak 3" solely in accordance with the following terms and conditions:

1. Use of TeamSpeak 3. You may use TeamSpeak 3 on multiple computers owned, leased or rented by you, your company, or business entity; however, you are the only individual, company, or business entity with the right to use your licensed copy(ies) of TeamSpeak 3. All copies of TeamSpeak 3 must include TeamSpeak Systems' copyright notice.

2. Distribution Prohibited. You may not distribute copies of TeamSpeak 3 for use by anyone other than you, your company, or business entity. Distribution of TeamSpeak 3 by you to third parties is hereby expressly prohibited.

3. Fees. As of the date listed above for this License Agreement, TeamSpeak 3 is in a "pre-release" stage. Fees and licensing costs will be determined when the final version of the product is released or an agreed upon commencement date for commercial use of the Software is initiated.

4. Termination. TeamSpeak Systems may terminate your TeamSpeak 3 license at any time, for any reason or no reason. TeamSpeak Systems may also terminate your TeamSpeak 3 license if you breach any of the terms and conditions set forth in this Agreement. Upon termination, you shall immediately destroy all copies of TeamSpeak 3 and any accompanying files or documentation in your possession, custody or control.

5. Support. TeamSpeak Systems will provide you with support services related to TeamSpeak 3 for a period that begins on the date TeamSpeak 3 is delivered to you, and ends upon the termination of this Agreement.

6. Upgrades. TeamSpeak Systems will provide you with upgrades to TeamSpeak 3 for a period that begins on the date TeamSpeak 3 is delivered to you. Such upgrades will be released only by TeamSpeak Systems for the purpose of improving TeamSpeak 3 software. 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.

Prohibited Conduct

You represent and warrant that you will not violate any of the terms and conditions set forth in this Agreement and that:

You will not, and will not permit others to: (i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Software; or (ii) use, copy, modify, alter, or transfer, electronically or otherwise, the Software or any of the accompanying documentation except as expressly permitted in this Agreement; or (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement.

You will not use the Software to engage in or allow others to engage in any illegal activity.

You will not engage in use of the Software that will interfere with or damage the operation of the services of third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.

You will not use the Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.

You will not transfer the Software or utilize the Software in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties.

Upgrades, Updates And Enhancements

All upgrades, updates or enhancements of the Software shall be deemed to be part of the Software and will be subject to this Agreement.

Disclaimer of Warranty

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AND AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEAMSPEAK SYSTEMS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, TEAMSPEAK SYSTEMS' COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID FOR THIS LICENSE.

Legends and Notices

You agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or any accompanying files or documentation.

Term and Termination

This Agreement is effective upon your acceptance as provided herein and payment of the applicable license fees (if any), and will remain in force until terminated. You may terminate the licenses granted in this Agreement at any time by contacting TeamSpeak Systems in writing, and destroying the Software and any accompanying files or documentation, together with any and all copies thereof. The licenses granted in this Agreement will terminate automatically if you breach any of its terms or conditions or any of the terms or conditions of any other agreement between you and TeamSpeak Systems. Upon termination, you shall immediately destroy the original and all copies of the Software and any accompanying documentation, or return them to TeamSpeak Systems.

Software Suggestions

TeamSpeak Systems welcomes suggestions for enhancing the Software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to TeamSpeak Systems' business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of TeamSpeak Systems and may be used for its business purposes in its sole discretion without any payment or accounting to you.

Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the Software, and may be amended only by a writing signed by both parties. This Agreement shall be governed by the laws of Krⁿn, Germany, excluding its conflict of law provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts within Germany and you expressly consent to the exercise of personal jurisdiction in the courts of Germany in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.