1.5 Obligations in electronic commerce. Section 312i para. 1, 2 and 3 as well as section 312i para. 1 sentence 2 BGB, which provide for certain obligations on the part of TeamViewer in electronic commerce, shall herewith be excluded. Performance specifications and Software activation 2.1. Performance specification. The Software’s functions shall follow from the product description available on the website [] and in particular from the range of functions specified in the Order (” Performance Specification“).
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The contractually stipulated properties of the Software and server services shall be conclusively determined by the Performance Specification, and not by verbal or written statements made by TeamViewer beforehand to the conclusion of the Agreement. Individual functionalities of TeamViewer services depend on third-party products and services, which may change. This may require TeamViewer to adapt or limit its services accordingly. No warranties. In case of doubt, warranties and representations of properties by TeamViewer shall be interpreted as such only if made in writing (and signed) and identified as “warranty”. Provision and activation. TeamViewer shall provide the Software for online retrieval (download) by the Customer.
Following completion of the Order, the Customer in case of fee-based use shall be provided by TeamViewer or by the Third-Party Provider with a license key, which the Customer shall enter into the Software, or an URL, which the Customer may click for activation. After entering the license key or clicking on the URL, the Customer shall have the rights of use and functionalities of the paid-up version pursuant to this Agreement. Non-exclusive right of use. TeamViewer herewith grants the Customer the non-exclusive, worldwide (pursuant to applicable export controls; unless, the Customer in the order process is explicitly granted a right of use restricted to a specific territory), non-transferable and non- sublicensable right to install, run and use the Software on computers to the extent of the scope of use specified in the Order and the present EULA.
Notwithstanding the use of terms such as “bought”, “acquired” or “purchased” or similar terms in this EULA, the Software shall be licensed and not sold. If the Customer has acquired the license against a fee from a Third-Party Provider, the rights of use granted under this Agreement shall be limited to the term of the agreement between the Customer and the Third-Party Provider. If the Customer has purchased a license directly from TeamViewer, the term of use shall follow from the order. Scope of use for fee-based licenses of the Software. Fee-based licenses of the Software are available exclusively to businesses/entrepreneurs and not to consumers. The scope of the granted rights and the admissible scope of use (e.g.
Channels) shall be set forth in the Agreement. The Customer obtains the right to use the Software for the Customer’s own trade or profession or the trade or profession of Customer’s Affiliates. For purposes of the foregoing, an “Affiliate” shall mean any other person which directly or indirectly, controls, is controlled by, or is under common control with Customer, including, without limitation, subsidiaries, parent and sister companies. The Order may indicate further restrictions of the permitted scope of use. Scope of use for Freemium Software. The use of the Freemium Software is permitted for private use as well as for commercial purposes. 2.9 Prohibition of excessive use.
Any use of the Software in excess of the contractually stipulated scope of use shall be prohibited. The Customer herewith agrees to refrain from any such use. Excess use shall include without limitation if the Customer uses the Service continuously for an unreasonably long period of time. This shall in any event be the case with a period of 12 hours. In such case, TeamViewer shall retain the right to interrupt the Service without prior announcement. 2.10 Source code.
The granted rights of use shall not comprise any rights to the Software’s source code. 2.11 Conversions and decompilation. The rights granted under this Agreement shall not comprise any rights to editing or decompiling the Software. The Customer’s statutory rights, including without limitation pursuant to section 69e UrhG [German Copyright Act] shall remain unaffected.
2.12 Markings. Markings of the Software, including without limitation copyright notices, trademarks, serial numbers etc. May not be removed, modified or concealed. 2.13 Transfer to third parties. Notwithstanding the Customer’s right to sublicense pursuant to section 2.5 and 2.7, the Customer shall furthermore not be entitled to transfer or provide the Software to third parties in excess of the intended use, in particular not to dispose of or license the software. 2.14 Reservation of rights. Wireless lan 802.11 driver.