TeamViewer® End-User License Agreement for airbackup
This End-User License Agreement including its Annexes from time to time (“EULA”) applies to you and TeamViewer GmbH (“TeamViewer” or “We”) for the licensing and use of our software, which includes the airbackup software and all versions, features, applications and modules thereto (“Software”). This EULA also covers any associated media, printed materials and electronic documentation that we make available to you (with our Software, the “Product”). Future releases of our Product may warrant amendments to this EULA.
BY CLICKING TO AGREE OR ORDERING, DOWNLOADING OR OTHERWISE USING OUR SOFTWARE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS EULA, PLEASE IMMEDIATELY RETURN, DELETE OR DESTROY ALL COPIES OF OUR SOFTWARE IN YOUR POSSESSION.
1. LICENSE GRANT
We hereby grant you a license to use the Product during the license term that is indicated on your software order form (“Software Order Form”). The license granted is non-exclusive, non-transferable and its scope is dependent on the type of license you purchase and whether you use the Software for personal or commercial use. Details are set out in your Product Documentation. “Product Documentation” means your Software Order Form, the pricing terms published by us on www.airbackup.com or any written communication you have received from us regarding your license.
Unless expressly provided in this EULA, you may not directly or indirectly:
- Transfer, assign or sub-license your license rights to any other person or entity, or use or permit our Software to be used for third-party services. (You acknowledge that any attempted transfer, assignment, sub-license or use will be void.). Notwithstanding the aforesaid, you shall be entitled to sublicense the Software to your customers for the purpose to be able to provide services (storage of customer data) to your customers.”
- 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 the Product or of any files contained in or generated using the Product or otherwise reduce the Product to human-readable form.
- Circumvent or provide a method to circumvent any Technological Protection Measures (TPM) in the Product.
- Use the Product in any manner that we do not expressly authorize in this EULA.
Our Product includes significant elements (e.g., organization, algorithms, logic) that we maintain as confidential information; it is a trade secret of and proprietary to us, our suppliers or licensors, including the specific internal design and structure of individual programs and associated interface information. You must maintain our Product in confidence and prevent disclosure of its confidential aspects. Our Product is protected by US, EU and international patent, copyright, or other laws and treaties.
4. RESERVATION OF RIGHTS
You acknowledge that all intellectual property rights in our Product belong to us and our licensors. Rights in our Product are licensed (not sold). You have no right or title in our Product other than the limited right granted under this EULA. We, and our licensors, retain ownership of all copies of our Product and reserve all rights not expressly granted to you under this EULA. Part of the Product may incorporate and consist of third party software, including open source software (“Open Source”), which you may use under the terms and conditions of the specific license under which it is distributed. Title to Open Source and other third party software remains with the applicable licensor(s). Any Open Source or other third party software provided with or contained in the Product is provided “AS IS” and without any warranty of any kind.
5. DATA PROTECTION
Due to client side encryption, TeamViewer cannot and will not access or analyze the content of your backup data. TeamViewer and you shall comply with the provisions of applicable data protection laws. We take the protection of your personal data very seriously and strictly abide by the data protection laws that apply to it. We collect, process and use your data for the implementation and processing of the contractual relation with you for the airbackup Product. Further, we may use this information to provide you with offers that could be of your interest based on your use of the Product. Your data will not be shared with third-party advertisers without your prior consent. By accepting this EULA, you agree that your data will be shared with our trusted sister companies and service providers for the secure storage of your data. If you are located in the EU, your personal data will only be collected and stored within the EU. If you are located outside the EU, your personal data may be collected, processed and stored at other locations using the same security standards. During the use of the Product, certain personal data, such as IP-addresses, are being collected and stored. TeamViewer uses this information to provide users of the Product with offers that could be of their interest based on their use of the Product. If you wish to initiate a deletion or change of your personal data stored by us, please email us at email@example.com
Non-personal or anonymous data may be collected automatically to improve functionality and your experience with our Product, in particular to facilitate and improve the provision of software updates, Support, Content, TPM and other services. You agree that any non-personal or anonymous data collected may be sent to any of our worldwide offices or affiliates for processing.
6. CONTENT UPDATES, TPMs
Automatic synchronization or updates with our servers or systems is sometimes required to ensure optimum use (“Content”). Such content may periodically be provided to you in various formats. Our products may also contain TPMs such as a license key or code preventing unlimited copying, or limiting time of use or functionality based on the license you purchased. You also agree to let our Product automatically contact us to receive Content.
7. FEES/TAXES (in cases of commercial use only)
You agree to pay us all fees detailed on your Software Order Form in accordance with the agreed upon payment terms. Fees do not include sales, use, value added or other taxes (including applicable withholding taxes), all of which are your responsibility. Bank and credit card charges at your expense. All fees are payable in the currency indicated on your Software Order Form, within 14 days after the date of our invoice. Overdue amounts may be subject to a service charge of 8% over the applicable German Federal Bank base rate, but no more than the amount provided by applicable statutory law.
TeamViewer will not limit your storage volume. Your total fees depend on the total storage volume used. The basic storage volume you receive for a basic fee is specified on the applicable Software Order Form. Available additional storage volume will be accounted for in blocks of 25 gigabytes for an additional fee as also specified in the applicable Software Order Form.
When exceeding your basic storage volume and therewith using the additional storage volume, you will be informed by email. You will be granted three days to limit your storage volume to the basic storage volume in case you do not want to receive the additional storage volume. In such case we will only charge you the basic fee for the basic storage volume.
In the event of any non payment of any undisputed amount, TeamViewer reserves the right in addition to all of its other rights and remedies hereunder and at law or in equity to (a) suspend all Support Services.
8. TERM AND TERMINATION
You may cancel your purchase of our Product within 7 days from the date of purchase by sending an email or letter to the address shown in section 17.
Your right to use our Product ends immediately upon expiration of the license term noted on your Software Order Form. Subscription licenses for one month periods shall renew automatically for another one month period upon expiration of each month, unless you cancel by written notice to us no later than 14 days before expiration of the then current month. Subscription licenses for one year periods shall renew automatically for another one year period upon expiration of each year, unless you cancel by written notice to us no later than 28 days before expiration of the then current year. We may increase the prices for subscription licenses at any time after we have notified you by email at least 14 days in advance. You may cancel your subscription in writing before the new price becomes effective. If you are a private user, either party may terminate the license granted at any time.
We may immediately terminate, wholly or partly, this EULA and your right to use our Product and seek other remedies if you breach any of your obligations. Upon termination, you must cease all use of our Product, destroy all copies of our Product and all of its component parts, or, at our request, return such copies and parts to us.
Important note: Sections 2, 3, 4, 5, 7, 8 and 11-17 of this EULA remain enforceable after termination.
9. EXPORT CONTROLS
You agree that our Product will not be used, shipped, transferred or exported into any country or to anyone in violation of EU or US export control regulations or in any manner prohibited by the EU Common Foreign and Security Policy or the United States Export Administration Act. Using our Product is acknowledgement that you are not located in, or under the control of any such country. Furthermore, you take complete responsibility for use of our Product.
We warrant to our commercial users that our Product is free from material defects for a period equal to the lesser of your license term set forth on your applicable Software Order Form or two years from the date you received our Product.
A warranty for defects is not provided to private users, unless the defect was maliciously concealed. Any supplements or updates to our Product, including any service packs, patches or fixes provided to you and any third-party proprietary or open source software contained in our Software are not covered by any warranty. They are provided “as is”. This warranty is specifically for you and cannot be transferred.
The above regulations will not affect any other rights you have by law. Rectification is free of charge for you. Warranty claims are excluded, if failure of our Product results from accident, abuse, misapplication, abnormal use, a virus, or use after an upgrade was made available to you. In order to ensure uninterrupted service, it is solely your responsibility to ensure that there is a constant internet connection and electrical supply, and that the Software is installed on a supported platform and in accordance with airbackup’s instructions.
EXCEPT AS OUTLINED ABOVE, OUR PRODUCT IS PROVIDED TO THE USER “AS IS”. WE DO NOT GUARANTEE THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN OUR PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS IN OUR PRODUCT WILL BE CORRECTED AND WE ARE NOT RESPONSIBLE FOR THE FAILURE OF ANY ENCRYPTION ALGORITHMS, ASSOCIATED KEYS OR OTHER SECURITY MEASURES. WE ARE ALSO NOT RESPONSIBLE FOR THE FAILURE TO BACK UP DATA, THE LOSS OR CORRUPTION OF DATA, UNLESS SUCH DATA IS USED IN RELATION TO OUR PRODUCT. WE DO NOT GUARANTEE THAT THE PRODUCT WILL WORK WITH THIRD-PARTY PRODUCTS. FURTHERMORE, WE DO NOT GUARANTEE THAT THE PRODUCT OR SPECIFICALLY DESIGNED VERSIONS WILL CONTINUE TO BE AVAILABLE THROUGH THIRD-PARTY ONLINE STORES OR MARKETS, OR FOR SPECIFIC DEVICES OR SYSTEMS MANUFACTURED BY THIRD PARTIES.
11. LIMITATION OF LIABILITY
“Unless otherwise noted in this EULA, We shall be liable in case of breach of contractual and non-contractual obligations as provided for under applicable law. We are liable for damages – for whatever legal reason – only in cases of intent or gross negligence. We are also liable for damages to commercial users in cases of simple negligence resulting in injury to life, body or health, or resulting in a breach of an essential contractual obligation. In that case, however, liability shall be limited to replacement of the foreseeable, typical damage. In case of property damages, the liability is limited to the amount of your yearly basic fee. We shall not be liable for any claims, losses or damages of third parties that result in your provision of services to your customers by using the Software. In no event are we liable for any special, incidental, indirect or consequential damages whatsoever (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR BUSINESS INTERRUPTION, 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 SERVICES, THE FAILURE OF ANY ENCRYPTION ALGORITHMS, ASSOCIATED KEYS OR OTHER SECURITY MEASURES PROVISION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF SERVICE.
The above limitations of liability do not apply if we maliciously concealed a defect or assumed liability for the condition of the product. The same will not apply to your claims under the German Product Liability Act, if this EULA is subject to German law pursuant to section 14. You may terminate or rescind this EULA due to breach of obligation that does not constitute a defect, only if WE are responsible for such breach of obligation. Any other ordinary right of termination shall be excluded for you.
RESULTS FROM THE USE THEREOF YOUR STORED DATA MAY NOT BE AVAILABLE OR RESTORABLE IF (1) AIRBACKUP HAS NOT COMPLETED COPYING YOUR SELECTED DATA OR CHANGED DATA, (2) FOR FILES, FOLDERS OR DISK DRIVES THAT THE SERVICES DO NOT AUTOMATICALLY BACKUP PURSUANT TO AIRBACKUP DOCUMENTATION, YOU DO NOT MANUALLY SELECT THEM FOR BACKUP OR YOU UNSELECT A FILE FOR BACKUP, (3) YOU DELETE A FILE FROM YOUR OR YOUR CLIENT’S SYSTEM, NETWORK OR DEVICE OR YOU DELETE A COMPUTER FROM YOUR ACCOUNT, (4) YOU MOVE A FILE TO A LOCATION ON YOUR OR YOUR CLIENT’S COMPUTER THAT IS NOT AUTOMATICALLY SCANNED TO SELECT FILES FOR BACKUP OR YOU UPGRADE YOUR OR YOUR CLIENT’S OPERATING SYSTEM RESULTING IN CHANGES TO YOUR OR YOUR CLIENT’S FILE MAPPING, (5) YOUR OR YOUR CLIENT’S COMPUTER IS UNABLE TO ACCESS THE INTERNET OR AIRBACKUP INFRASTRUCTURE, (6) YOU FAIL TO FOLLOW AIRBACKUP’S TECHNICAL REQUIREMENTS OR INSTRUCTIONS, INCLUDING UPGRADING THE VERSION OF THE SERVICES AS REQUIRED, OR (7) YOU TERMINATE OR FAIL TO RENEW YOUR SUBSCRIPTION TO THE SERVICES.”
You agree to indemnify and hold TeamViewer, its parent, partner, or subsidiary organizations, officers, agents and employees, harmless from any claim, loss, demand, or damage, including reasonable attorneys' fees, asserted by any third party resulting from your breach of any provision of this EULA, your negligent or wrongful acts, and/or your violation of any applicable laws.
13. ENTIRE AGREEMENT
This EULA (including your Software Order Form, each as amended from time to time) is the entire agreement relating to our Product; it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to our Product. This EULA prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement, confirmation or other document issued by you – even if signed and returned by us, or if such a purchase order or other document issued by you contains language to the contrary. To the extent the terms of any TeamViewer Terms of Sale, frequently asked questions (FAQs), policies or programs conflict with the terms of this EULA, the terms of this EULA will prevail and control.
14. GOVERNING LAW
If you obtained our Product in or are habitually resident anywhere other than the USA, South America or Canada, this EULA is governed by the laws of Germany. The parties, in turn, unconditionally and irrevocably consent to the exclusive jurisdiction of the courts in Göppingen, Germany. If you obtained our Product in or are habitually resident within the USA, South America or Canada, this EULA is governed by the laws of the State of New York, US, excluding its conflict of laws provisions (and excluding the Uniform Commercial Code) and the parties unconditionally and irrevocably consent to the exclusive jurisdiction of the courts in Manhattan, New York. The parties waive any objection with respect to the above, for the purpose of any action, suit or proceeding that relates to this EULA.
15. COMMERCIAL SOFTWARE
If you are obtaining software on behalf of any part of the United States government, our Product is 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 our Product is governed solely by the terms of this EULA, and is prohibited except to the extent expressly permitted by the terms of this EULA.
- In the event this EULA or any part thereof is found illegal, invalid or unenforceable, the parties shall agree on a provision that best reflects the respective clause and that is legal, valid and enforceable.
- Nothing in this EULA, express or implied, is intended to infringe on the legal rights of any other person or entity.
- You may assign, pledge or otherwise transfer this EULA, or any rights or obligations hereunder to a third party only with our prior written approval.
- Headings are solely for convenience; they serve no other purpose and should not be interpreted.
All notices must be made in writing. An email is sufficient. All notices must be addressed to:
TeamViewer US LLC
5741 Rio Vista Drive
Largo, FL 33760
Copyright © 2013 TeamViewer GmbH. All rights reserved. All trademarks belong to their respective owners.
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