[gentoo-commits] gentoo-x86 commit in licenses: skype-eula

[Samuli Suominen (ssuominen)]

ssuominen    10/01/02 11:28:37

  Modified:             skype-eula
  Log:
  Update Skype's EULA from 2.1.0.47

Revision  Changes    Path
1.2                  licenses/skype-eula

file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/skype-eula?rev=1.2&view=markup
plain: http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/skype-eula?rev=1.2&content-type=text/plain
diff : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/skype-eula?r1=1.1&r2=1.2

Index: skype-eula
===================================================================
RCS file: /var/cvsroot/gentoo-x86/licenses/skype-eula,v
retrieving revision 1.1
retrieving revision 1.2
diff -u -r1.1 -r1.2
--- skype-eula	21 Jun 2004 20:42:00 -0000	1.1
+++ skype-eula	2 Jan 2010 11:28:37 -0000	1.2
@@ -1,426 +1,89 @@
-SKYPE END USER LICENSE AGREEMENT
-IMPORTANT - PLEASE READ CAREFULLY:
+Skype End User License Agreement
+IMPORTANT – PLEASE READ CAREFULLY
 
-This End User License Agreement ("Agreement") constitutes a valid and
-binding agreement between Skype Software S.A. ("Skype") and you
-("you," or "your") for the use of the Skype Software, Network and
-Services, as those terms are defined below. You must enter into this
-agreement in order to install and use such Skype Software.
-
-BY INSTALLING AND USING THE SKYPE SOFTWARE, YOU AGREE TO BE BOUND BY
-THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
-AGREEMENT, DO NOT INSTALL OR USE THE SKYPE SOFTWARE.
-
-BY ACCEPTING THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
-THE SKYPE SOFTWARE AND THE SERVICES DO NOT AND ARE NOT INTENDED TO
-SUPPORT OR CARRY EMERGENCY CALLS TO ANY TYPE OF HOSPITALS, LAW
-ENFORCEMENT AGENCIES, MEDICAL CARE UNIT OR ANY TYPE OF EMERGENCY
-SERVICES OF ANY KIND AND THAT SKYPE, ITS AFFILIATES, PARENT COMPANIES,
-SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND NETWORKS
-SERVICE PROVIDERS ARE NOT NOR SHALL BE LIABLE IN ANY MANNER FOR SUCH
-CALLS. 
-
-The Skype Software and the Services are not intended for use by or
-availability to persons under the age limit of any jurisdiction which
-restricts the use of Internet-based applications and services
-according to age.  IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER
-THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS OR
-SERVICES, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SKYPE SOFTWARE AND
-YOU MAY NOT ACCESS THE SERVICES.
-
-Please note that you are not allowed to use the Skype Software and the
-Services in territories where offering or using such services is
-forbidden by law. By agreeing to this End User License Agreement, you
-will explicitly state that you have verified in your own territory if
-the offering and use of such services is allowed.
-
-1. License Grant and Services.
-
-(a) Subject to the terms of this Agreement, Skype hereby grants you a
-limited, non-exclusive, personal, non-sublicensable, non-assignable
-license to download, install and use the Skype Software, including, if
-applicable, the PDA software as well as well as any API or online or
-enclosed documentation, data distributed to your computer for
-processing and any future programming fixes, updates and upgrades
-provided to you (collectively, the "Skype Software") onto a computer
-(including PDA's) for your sole use to install, interact with and
-utilize the Skype Software, including the content and features
-contained therein and the services and the Network related thereto
-("Services"). The Skype Software may only be used in connection with
-the Services.  The term "Services" do not refer to any paid services
-that may be offered through the Skype website by any Skype entity. As
-used herein, the term "Network" means the universe of computers
-connected to the Internet that are operating the Skype Software. The
-use of paid services is subject to the additional ´Terms of Service´.
-These Terms of Service are published on the website www.skype.com.
-
-(b) You are allowed to redistribute the Software, under the conditions
-that you (i) do not modify the Software; (ii) do not remove any
-proprietary notices from the Software; (iii) notify Skype in writing
-via email to distribution@×××××.net of your intentions to promote or
-distribute the Skype software; (iv) clearly indicate that the Software
-originates from Skype and use the links and graphics as published and
-indicated on www.skype.com/go/redistribution  and, if published on a
-website, include a link to www.skype.com and a link to the download
-location of the Software; (v) constantly monitor www.skype.com in
-order to ensure that you are distributing the latest stable version;
-and (vi) do not distribute the Software for any (commercial) gain,
-including but not limited to including the Software in any commercial
-software bundle. However, the publishers of computer magazines for end
-users are allowed to distribute the Software for free with their
-magazines, provided that they meet with all aforementioned conditions.
-
-(c) The Skype API (as part of the Skype Software) is also licensed to
-you under this Agreement under the condition that, in addition to the
-license terms and restrictions as set forth herein, you are not
-allowed to develop any software which makes use of the API for any
-commercial gain, in the broadest sense without first obtaining, under
-separate agreement, a commercial license to utilize the Skype API.
-
-
-2. License Restrictions.
-
-(a) Notwithstanding anything to the contrary, you may not: (i) remove
-any proprietary notices from the Services, Skype Software or any copy
-thereof; (ii) cause, permit or authorize the modification, creation of
-derivative works, translation, reverse engineering, decompiling or
-disassembling or hacking of the Skype Software, the Services or the
-Network; (iii) sell, assign, rent, lease, act as a service bureau, or
-grant rights in the Skype Software or Services, including, without
-limitation, through sublicense, to any other entity without the prior
-written consent of Skype, with the exception of the right to
-redistribute the Software in accordance with the terms as mentioned in
-Article 1(b) above; (iv) export or re-export the Skype Software in
-violation of United Kingdom export laws; (v) use the Skype Software or
-Services for any commercial purpose (other than as an end user who is
-a member of a commercial entity) or the benefit of any third party or
-charge any person for the use of the Skype Software; or (vi) use the
-Skype Software or Services in any way that would violate any
-applicable law, regulation or ordinance; (vii) collect any information
-or communication about the Network or users of the Skype Software or
-Services by monitoring, interdicting or intercepting any process of
-the Skype Software or the Network; or (viii) use any type of bot,
-spider virus, clock, timer, counter, worm, software lock, drop dead
-device, packet-sniffer, Trojan-horse routing, trap door, time bomb or
-any other codes or instructions that are designed to be used to
-provide a means of surreptitious or unauthorized access or that are
-designed to distort, delete, damage or disassemble the Skype Software,
-the Services or the Network; and (iv) not use the Service to modify,
-delete or damage any information contained on the computers of any
-users connected to the Service. Furthermore, you may not use the Skype
-Software or Services to develop, generate, transmit or store
-information that: (A) infringes any third party's intellectual
-property or other proprietary right; (B) is defamatory, harmful,
-abusive, obscene or hateful; (C) in any way obstructs or otherwise
-interferes with the normal performance of another person's use of the
-Skype Software or Services, (D) performs any unsolicited commercial
-communication not permitted by applicable law; (E) is harassment or a
-violation of privacy or threatens other people or groups of people;
-and (F) impersonates any other person, or steals or assumes any
-person's identity (whether a real identity or online nickname or
-alias). 
-
-(b) The Skype Software and Services contain proprietary, confidential
-and trade secret information owned or licensed by Skype, and you agree
-to take reasonable steps at all times to protect and maintain the
-confidentiality of such information. 
-
-(c) The Skype Software and Services may be incorporated into, and may
-incorporate, technology, software and services owned and controlled by
-third parties. Skype emphasizes that it will only incorporate such
-third party software for the purpose of (i) adding new or additional
-functionality or (ii) improving the technical performance of the Skype
-Software and Services. Any other third party software which could be
-distributed together with Skype will be subject to you explicitly
-accepting a license agreement with this third party. Use of such third
-party software or services is subject to the terms and conditions of
-the applicable third party license agreements, and you agree to look
-solely to the applicable third party and not to Skype to enforce any
-of your rights.
-
-(d) All modifications or enhancements to the Skype Software and
-Services remain the sole property of Skype. You understand that Skype,
-in its sole discretion, may modify or discontinue or suspend your
-right to access any of its Services or use any of the Skype Software
-at any time, and may at any time suspend or terminate any license
-hereunder and disable any Skype Software you may already have accessed
-or installed without prior notice. Skype reserves the right to add
-additional features or functions to the Skype Software.  When
-installed on your computer, the Skype Software periodically
-communicates with Skype servers.  You acknowledge and agree that Skype
-has no obligation to make available to you any subsequent versions of
-its software applications.
-
-
-3. Permission to utilize.  
-
-In order to receive the benefits provided by the Skype Software, you
-hereby grant permission for the Skype Software to utilize the
-processor and bandwidth of your computer for the limited purpose of
-facilitating the communication between other Skype Software users. You
-understand that the Skype Software will protect the privacy and
-integrity of your computer resources and communication and ensure the
-unobtrusive utilization of your computer resources to the greatest
-extent possible.
-
-
-4. Proprietary Rights; Translation.
-
-(a) The Skype Software and Services contain proprietary and
-confidential information of Skype, including copyrights, trade secrets
-and trademarks contained therein, which are protected by
-(international) copyright laws, trademark laws as well as other
-(intellectual property) laws. Title to and ownership of the Skype
-Software, including without limitation all intellectual property
-rights therein and thereto, are and shall remain the exclusive
-property of Skype and its suppliers, and except for the limited
-license to use the Skype Software granted to you, Skype reserves all
-right, title and interest in and to the Skype Software. You shall not
-take any action to jeopardize, limit or interfere with Skype's
-Intellectual property rights and/or ownership of and rights with
-respect to the Skype Software and Services. You are not permitted to
-remove from or change in Skype Software any designation or sign
-concerning or including copyrights, trademarks, trade names or other
-intellectual or industrial property rights, including any indications
-concerning the confidential nature and secrecy of the software. You
-acknowledge that any unauthorized copying or unauthorized use of the
-Skype Software, Services or Intellectual property rights is a
-violation of this Agreement and copyright, trademark and/or other
-(intellectual property) laws and is strictly prohibited.
-
-(b) All translations made by me of any information which is on the
-website of Skype or as otherwise requested of me by Skype and any
-other collateral materials (hereinafter collectively referred to as
-"translations"), created by me for Skype at any time, whether prior or
-subsequent to the date of this Agreement, shall at all times be and
-remain the sole and exclusive property of Skype without any
-compensation to me.  I further assign all of my right, title and
-interest in and to the translations, including, but not limited to all
-rights attendant thereto, to Skype in perpetuity, to use same for
-reproduction by any means now known or hereinafter discovered, either
-in whole or such segments, by using any of the components comprising
-the translations, including but not limited to alteration or
-completion of the translations by anyone, at Skype's sole and absolute
-discretion. Insofar as an additional deed of transfer may be necessary
-in order to establish all such rights within Skype, I herewith
-irrevocably authorize Skype to execute any and all documents, and if
-necessary a deed of transfer of such rights to Skype, on my behalf and
-in my name, notwithstanding my obligation to grant any and all
-reasonable assistance, including signing of any documents needed, on
-Skype’s first request. It is understood that I am doing the
-translation for the sole and exclusive benefit of Skype and without
-the expectation of any remuneration whatsoever. I further agree that I
-will properly and accurately translate such information that I will
-not add anything to the translations that would materially alter the
-purpose and intent of the information that I am translating and that
-is not already set forth on the web site of Skype.  I hereby represent
-and warrant that any translations which are the subject matter hereof
-will be solely done by me and are original creations and that I have
-the full right, power and authority to grant the rights to Skype as
-set forth herein.  Neither the translations, nor Skype's use of the
-translations will infringe upon any copyright, statutory or common law
-rights of any kind or any other intellectual property rights of any
-person, firm, corporation or other entity.   
-
-
-5. Privacy
-
-Skype is committed to respecting your privacy and the confidentiality
-of your personal data. The Privacy Policy, published on Skype´s
-website www.skype.com applies to the use of the personal data and the
-traffic data, as well as the confidential information transmitted via
-the Services. 
-
-
-6. Term; Termination.
-
-(a) This Agreement will be effective as of the date you accept this
-Agreement, thereby expressly agreeing to the terms and conditions set
-forth herein, and will remain effective until terminated by either
-party as set forth below.
-
-(b) You may terminate this Agreement at any time, under the conditions
-provided herein, more specifically the conditions provide in paragraph
-6 (c) hereunder. Skype may terminate this Agreement at any time, with
-or without cause, by providing notice to you and/or preventing your
-access to the Skype Software and/or Services.
-
-(c) Upon termination of this Agreement for any reason (i) all licenses
-and rights to use the Skype Software and the Services shall terminate;
-(ii) you will cease any and all use of the Skype Software and
-Services; and (iii) you will remove the Skype Software from all hard
-drives, networks, and other storage media and destroy all originals
-and copies of the Skype Software in your possession or under your
-control.
-
-(d) All provisions which must survive in order to give effect to their
-meaning shall survive any expiration or termination of this Agreement,
-including without limitation, all of your representations, warranties
-and indemnification obligations. 
-
-
-7.  Your Representations and Warranties.
-
-(a) You represent and warrant that (i) you possess the legal right and
-ability to enter into this Agreement and to comply with its terms,
-(ii) you will use the Skype Software and Services for lawful purposes
-only and in accordance with this Agreement and all applicable laws,
-regulations and policies, (iii) you will not attempt to decompile,
-reverse engineer or hack the Skype Software or the Network or to
-defeat or overcome any encryption and/or other technical protection
-methods implemented by Skype with respect to the Skype Software and/or
-data transmitted, processed or stored by Skype or other users of the
-Skype Software, (iv) you will not take any steps to interfere with or
-in any manner compromise any of Skype's security measures, any other
-individual's or entity's computer on the Network and/or otherwise
-sharing Services, (v) you will always provide and maintain true,
-accurate, current and complete information as requested by Skype, (vi)
-you will only use the Skype Software and Services on a computer on
-which such use is authorized by the computer's owner, and (vii) you
-will not use any automatic or manual device or process to interfere or
-attempt to interfere with the proper working of the Skype Software,
-Network or Services, except to remove the Skype Software from a
-computer of which you are an owner or authorized user in a manner
-permitted by this Agreement. You may not violate or attempt to violate
-the security of the Skype Software, Network or Services. Skype
-reserves the right to investigate occurrences which may involve such
-violation, and may involve, and cooperate with, law enforcement
-authorities in prosecuting users who have participated in such
-violations.
-
-(b) If Skype has reasonable grounds to suspect that your
-representations, warranties or promises are inaccurate or breached,
-Skype may terminate this license, deny any or all use of the Skype
-Software and/or Services, and pursue any appropriate legal remedies.
-
-
-8. Indemnity.
-
-You agree to indemnify, hold harmless and defend Skype and its
-affiliates, parent companies, subsidiaries, officers, directors,
-employees, agents and network service providers at your expense,
-against any and all third-party claims, actions, proceedings, and
-suits and all related liabilities, damages, settlements, penalties,
-fines, costs and expenses (including, without limitation, reasonable
-attorneys' fees and other dispute resolution expenses) incurred by
-Skype arising out of or relating to your (a) violation or breach of
-any term of this Agreement or any policy or guidelines referenced
-herein, (b) intentional or negligent violation of any applicable laws,
-(c) violation of any rights of any third party, or (d) use or misuse
-of the Skype Software and/or Services.
-
-
-9. Disclaimer of Warranties.
-
-(a) THE SKYPE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE
-NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SKYPE, EITHER
-EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SKYPE SOFTWARE OR
-SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE,
-NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
-PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING,
-COURSE OF PERFORMANCE, OR TRADE USAGE. SKYPE FURTHER DOES NOT
-REPRESENT OR WARRANT THAT THE SKYPE SOFTWARE OR ANY SERVICES WILL
-ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE,
-ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS,
-NOR DOES SKYPE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE
-INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SKYPE SOFTWARE OR
-THE SERVICES.
-
-(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR
-PERFORMANCE OF THE SKYPE SOFTWARE AND SERVICES REMAINS WITH YOU TO THE
-MAXIMUM EXTENT PERMITTED BY LAW.
-
-(c) YOU ACKNOWLEDGE THAT SKYPE DOES NOT CONTROL OR HAVE KNOWLEDGE OF
-ANY OF THE AVAILABLE CONTENT SHARED THROUGH THE SERVICES. ALL CONTENT
-WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED IS THE ENTIRE
-RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. SKYPE
-DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY OR LEGALITY OF
-SUCH CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE,
-INDECENT OR OBJECTIONABLE. UNDER ANY CIRCUMSTANCES, SKYPE WILL NOT BE
-LIABLE IN ANY WAY FOR THE NATURE OF ANY CONTENT, FOR ANY ERRORS OR
-OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND
-INCURRED AS A RESULT OF ANY CONTENT TRANSMITTED VIA THE SERVICES.
-
-(d) As some jurisdictions do not allow some of the exclusions set
-forth in this Section 11, some of these exclusions may not apply to
-you.
-
-
-10. Limitation of Liability.
-
-(a) IN NO EVENT SHALL SKYPE, ITS AFFILIATES, PARENT COMPANIES,
-SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK
-SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
-(INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
-LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT,
-INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
-LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR
-PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SKYPE
-SOFTWARE OR THE SERVICES, EVEN IF SKYPE HAS BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES.
-
-(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION
-WITH THE SKYPE SOFTWARE AND/OR SERVICES IS TO UNINSTALL AND CEASE USE
-OF SUCH SKYPE SOFTWARE AND SERVICES.
-
-(c) As some jurisdictions do not allow some of the exclusions set
-forth in this Section 12, some of these exclusions may not apply to
-you.
-
-
-11. Electronic Signatures and Agreements.
-
-You acknowledge and agree that by clicking on the button labelled
-"SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be
-designated by Skype to download the Skype Software to accept the terms
-and conditions of this Agreement, you are entering into a legally
-binding contract. You acknowledge that your electronic submissions
-constitute your agreement and intent to be bound by this Agreement. 
-Pursuant to any applicable statutes, regulations, rules, ordinances or
-other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATION IN
-ORDER TO ENTER INTO CONTRACTS, PLACE ORDERS AND OTHER RECORDS AND TO
-ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
-INITIATED OR COMPLETED THROUGH THE SKYPE SOFTWARE OR SERVICES. 
-Further, you hereby waive any rights or requirements under any
-statutes, regulations, rules, ordinances or other laws in any
-jurisdiction which require an original signature or delivery or
-retention of non-electronic records, to the extent permitted under
-applicable mandatory law.
-
-
-12. General Provisions.
-
-Skype reserves all rights not expressly granted herein. Skype may
-modify this Agreement at any time by providing such revised Agreement
-to you or posting the revised Agreement on its website located at
-www.skype.com. Your continued use of the Skype Software and/or
-Services shall constitute your acceptance of such revised Agreement.
-You may not assign this Agreement or any rights hereunder. Nothing in
-this Agreement shall constitute a partnership or joint venture between
-you and Skype. Should any term or provision hereof be deemed invalid,
-void or unenforceable either in its entirety or in a particular
-application, the remainder of this Agreement shall nonetheless remain
-in full force and effect. The failure of Skype at any time or times to
-require performance of any provision hereof shall in no manner affect
-its right at a later time to enforce the same unless the same is
-waived in writing. This Agreement shall be governed by and construed
-in accordance with the laws of Luxembourg without regard to its
-conflict of law rules. Any legal proceeding arising out or relating to
-this Agreement will be subject to the exclusive jurisdiction of any
-court of Luxembourg sitting in Luxembourg and you irrevocably consent
-to the jurisdiction of such courts. The terms set forth in this
-Agreement and any related service agreements constitute the final,
-complete and exclusive agreement with respect to the Skype Software
-and Services and may not be contradicted, explained or supplemented by
-evidence of any prior agreement, any contemporaneous oral agreement or
-any consistent additional terms. Skype may at its sole discretion
-assign this Agreement to a subsidiary or sister company, without
-giving prior notice. 
-
-YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
-UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH
-HEREIN. BY CONTINUING TO INSTALL THE SKYPE SOFTWARE, YOU EXPRESSLY
-CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE
-RIGHTS SET FORTH HEREIN.
+* IMPORTANT: version française sur (French version available at)
+  http://www.skype.com/go/eula-fr
+* IMPORTANT: 注意：简体中文《最终用户许可协议》在此浏览 (Simplified Chinese version
+  available at) http://www.skype.com/go/eula-sc
 
-Revised May 2004.
+No Emergency Calls: The Skype software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency services. Additional arrangements must be made to access emergency services. It is your responsibility to purchase, separately from Skype Software, traditional wireless or landline telephone service that offers access to emergency services.
+
+This Agreement: This agreement, and any new versions, between Skype Software S.a.r.l (Skype) and you, covers all your use of Skype Software from any terminals where Skype Software has been installed, by you or by third parties, and by using Skype software you accept the following.
+
+Jurisdiction’s Restrictions: If the law of your country prohibits you from downloading or using our software because you’re under the age limit or because our products are not allowed in your country, please don’t use it.
+
+License and Restrictions
+License. Subject to the terms of this Agreement, Skype hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Skype Software on your computer, phone or PDA for the sole purpose of personally using the internet communication applications provided by Skype and any other applications that may be explicitly provided by Skype. For the avoidance of doubt, you are allowed to use Skype software at work, in accordance with the terms of this Agreement. The Skype software is the software distributed by Skype for internet communication applications, including without limitation the Skype API, UI and documentation (online or offline), as well as any future programming fixes, updates and upgrades thereof.
+
+No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Skype Software or any part thereof.
+
+Third Parties. The Skype Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Skype Software falls under the scope of this Agreement.
+
+Exclusive Ownership. Any and all IP rights to or arising from the Skype Software are and shall remain the exclusive property of Skype and/or its licensors. Nothing in this Agreement intends to transfer any such IP rights to, or to vest any such IP rights in, you. You are only entitled to the limited use of the IP rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with Skype’s IP rights. Any unauthorized use of Skype’s IP rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP rights in and to any third party content that is not contained in the Skype Software, but may be accessed through use of the Skype Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
+
+Additional Terms
+The following policies are incorporated into this Agreement and provide additional terms and conditions:
+
+The Skype Etiquette provides guidelines to treat properly and respectfully the other members of Skype’s community
+Distribution of Skype Software. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Skype Software or any part thereof. For the right to distribute you will have to agree to and meet with the Distribution Terms
+Skype API. Under this Agreement you are not allowed to use the Skype API unless you agreed to and comply with the API Terms of Use
+Skype Promotional Materials. Nothing in this Agreement will give you any right to use the Skype Promotional Materials.
+Your Confidential Information and Your Privacy. Skype is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy sets out how Skype may use of your personal data, the traffic data as well as the content contained in your communication(s).
+The following agreements are related to additional services provided by Skype’s affiliates:
+
+Additional services (SkypeIn, SkypeOut, Voicemail, Skypecasts, etc.) are provided by Skype Communications s.a.r.l. and subject to the Terms of Service
+The use of www.skype.com website is subject to the Terms of Use
+Any other exceptions. If you are interested in doing anything else than permitted under this Agreement or by one of the above agreements, you will have to obtain Skype’s prior written consent and explicitly agree upon any further (commercial) terms.
+
+What you should and should not expect from Skype
+No Warranties. Installing Skype Software enables you to communicate with other Skype Software users. Skype cannot guarantee that you will always be able to communicate with other Skype Software users, nor can Skype guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communications shall always be delivered to other Skype Software users. Skype will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Skype Software.
+
+Content of Communications. You acknowledge and understand that the content of the communication spread by the use of the Skype Software is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Skype will not be liable for any type of communication spread by means of the Skype Software.
+
+Utilization of Your Computer. Skype Software may utilize the processor and bandwidth of the computer (or other applicable device) you are utilizing, for the limited purpose of facilitating the communication between Skype Software users. Skype Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication, however Skype cannot give any warranties in this respect.
+
+New Versions of the Skype Software. Skype, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Skype Software. Skype, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Skype Software, and/or disable any Skype Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, Skype will not accept any liability in relation to the direct or indirect damages caused by the release and/or the absence of release of new versions of the Skype Software.
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+What we expect from you
+Lawful purposes. You will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Skype Software in your country, including applicable rules that govern the export or import of software. You will use the Skype Software solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Skype Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable or (e) endanger any part of any system or Internet connection of Skype or any third party.
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+Indemnification. You agree on demand to indemnify, defend and hold Skype, affiliates and Skype staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Skype Software, or (d) communication spread by means of the Skype Software.
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+Term, Termination, Updates
+Term. This Agreement will be effective as of the date you first install Skype software and will remain effective until terminated by either Skype or you as set forth below.
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+Termination You may terminate this Agreement with immediate effect at any time. Without limiting other remedies, Skype may limit, suspend, or terminate this license and your use of Skype Software, prohibit access to Skype Website and delete your user account and/or user ID, with immediate effect, if we think that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), acting inconsistently with the letter or spirit of our policies, which can be found at www.skype.com/company/legal/terms/etiquette.html, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Skype shall effect such termination by providing notice to you to the email address you have provided (if any), and/or by preventing your access to your account. We reserve the right to cancel user accounts that have been inactive for more than one (1) year.
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+Upon termination of this Agreement, (a) all licenses and rights to use the Skype Software shall immediately terminate, and (b) you will immediately cease any and all use of the Skype Software, and (c) you will immediately remove the Skype Software from all hard drives, networks and other storage media and destroy all copies of the Skype Software in your possession or under your control.
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+Skype will not be liable in respect of any damage caused by the termination of this Agreement.
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+Update. Skype reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Skype Website. The revised Agreement shall become effective within thirty (30) days of such publication or provision to you, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or your continued use of the Skype Software after expiry of the notice period of thirty (30) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.skype.com/company/legal/eula.
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+Disclaimer of Warranties and Limitation of Liability
+No warranties. THE SKYPE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULT AND WITH NO WARRANTIES WHATSOEVER; SKYPE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SKYPE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SKYPE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SKYPE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SKYPE SOFTWARE.
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+Specific Disclaimer of Liability for Emergency Services. Skype does not provide connections to emergency services in conjunction with the Skype Software. Neither Skype nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of Skype Software to contact emergency services’ personnel.
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+Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Skype Software remains with you, to the maximum extent permitted by law.
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+No Liability. The Skype Software is being provided to you free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SKYPE, ITS AFFILIATES, ITS LICENSORS AND THE SKYPE STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SKYPE SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SKYPE SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH SKYPE SOFTWARE.
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+Limitation of Liability. IN NO EVENT SHALL SKYPE, ITS AFFILIATES, ITS LICENSORS OR THE SKYPE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SKYPE SOFTWARE, EVEN IF SKYPE, ITS AFFILIATES OR THE SKYPE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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+Jurisdiction Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
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+Miscellaneous
+Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and Skype with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
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+Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
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+No waiver. If Skype does not take action against all breaches of these Agreement, it does not mean that is waives its right at a later time to enforce the same.
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+Assignment You are not allowed to assign this Agreement or any rights hereunder. Skype is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
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+Applicable Law and Competent Court. This Agreement shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to any conflict of laws or provisions whether contained in Luxembourg law or the laws of your current state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Luxembourg.
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+Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
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+© Skype – Last revised: 15.03 2007.