diff options
author | wiz <wiz@pkgsrc.org> | 2012-03-11 18:42:48 +0000 |
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committer | wiz <wiz@pkgsrc.org> | 2012-03-11 18:42:48 +0000 |
commit | 5688b1c41a1a1f2d67a70f2a3a334e7c651e2296 (patch) | |
tree | 5c5e36409d07a0262b6f9ff983dee2f592aa3e6e /licenses | |
parent | 38a5cad1e6e189f4c604ef89400e8b51c7de2449 (diff) | |
download | pkgsrc-5688b1c41a1a1f2d67a70f2a3a334e7c651e2296.tar.gz |
Update skype license for net/skype1 to currently valid one.
Add skype21 license for net/skype21.
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/skype-license | 515 | ||||
-rw-r--r-- | licenses/skype21-license | 227 |
2 files changed, 316 insertions, 426 deletions
diff --git a/licenses/skype-license b/licenses/skype-license index f6b576f3011..d9fb9435092 100644 --- a/licenses/skype-license +++ b/licenses/skype-license @@ -1,426 +1,89 @@ -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@skype.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 -Skypes 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 Skypes -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. - -Revised May 2004. +Skype End User License Agreement +IMPORTANT – PLEASE READ CAREFULLY + +* 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 + +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. + +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. + +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. + +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. + +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. + +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. + +Skype will not be liable in respect of any damage caused by the termination of this Agreement. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +© Skype – Last revised: 15.03 2007. diff --git a/licenses/skype21-license b/licenses/skype21-license new file mode 100644 index 00000000000..e2227485e55 --- /dev/null +++ b/licenses/skype21-license @@ -0,0 +1,227 @@ +Skype End User License Agreement
+
+IMPORTANT – PLEASE READ CAREFULLY
+
+Please note the following preliminary terms, which use some of the definitions set out in paragraph 1 below:
+
+No Emergency Calls: Skype Software does not and does not intend to support or carry emergency calls. Please also see paragraphs 3.6 and 6.2 below.
+
+This Agreement:This Agreement, and any new versions, between 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. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by Skype.
+
+Additional Terms:Your agreement with Skype will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the Skype Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the Skype Services, in which case You acknowledge and agree that Skype will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the “Terms”. If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant Skype Service. You should print off or save a copy of the Terms for your records.
+
+Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Skype Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
+
+Jurisdiction’s Restrictions: If the law of Your country prohibits You from downloading or using Skype Software because You are under the age limit or because the Skype Services are not allowed in Your country, please don’t use it.
+
+Table of contents:
+Definitions
+License and Restrictions
+What You should and should not expect from Skype
+What we expect from You
+Term, Termination, Updates
+Disclaimer of Warranties and Limitation of Liability
+Additional Terms
+Miscellaneous
+
+1. Definitions
+1.1 The following terms and expressions shall have the following meanings:
+
+Additional Terms: the terms and conditions and policies applicable to Your use of the Skype Software and the Skype Services, in addition to this Agreement.
+
+Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Skype. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
+
+Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
+
+Broadcast ToS: has the meaning given to it in paragraph 2.9.
+
+Content: means any and all content consisting of text, sounds, pictures, photos, video and/or any type of information or communications.
+
+Documentation: any online or otherwise enclosed documentation provided by Skype.
+
+Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the Skype Software by You, whichever occurs earlier.
+
+Emergency Service(s): means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
+
+IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
+
+Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.
+
+Skype: refers to the company established under the laws of Luxembourg, Skype Software S.a.r.l, with its address at 22/24 Boulevard Royal L-2449 Luxembourg (B100467), VAT no. (LU20180239).
+
+Skype API: application program interface consisting of the set of routines utilized by the Skype Software to provide the Skype Software functionality for a given platform or operating system, Skype API being included in or linked to the Skype Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.
+
+Skype Online Material: the Skype buttons and widgets available for download on the Skype Website at http://www.skype.com/share/buttons/, as such may be changed from time to time by Skype in its sole discretion.
+
+Skype Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by Skype for the promotion of its company, its products and activities, other than the Skype Online Material.
+
+Skype Services: the Skype Website and any other products and services made available to You by Skype or its Affiliates, in addition to the Skype Software.
+
+Skype Software: the software distributed by Skype for internet communication applications, including without limitation the Skype API, UI and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.
+
+Skype Staff: the officers, directors, employees and agents of Skype or its Affiliates, or any other persons hired by Skype or its Affiliates.
+
+Skype Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL, www.skype.com , – among other URL’s –, from which website the Skype Software can be downloaded.
+
+Terms: has the meaning given in the “Additional Terms” preliminary term above.
+
+UI: the user interface of the Skype Software.
+
+User Account: refers to the account with User ID and Password that You create for Your use of the Skype Software.
+
+User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.
+
+You: You, the end user of the Skype Software, also used in the form “Your” where applicable.
+
+
+1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
+
+1.3 Any phrase introduced by the expressions “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
+
+2. License and Restrictions
+2.1 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. You are allowed to use the Skype Software at university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the Skype Software at work to make communications relating to Your business in accordance with this Agreement and any applicable Additional Terms (such as the Terms of Service referred to in paragraph 7 below if You use the payable VoIP products and/or are a Member or an Administrator of a Business Control Panel).
+
+2.2 No Granting of Rights to Third Parties: 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.
+
+2.3 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 except to the extent permitted by law.
+
+2.4 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. Any and all other third party software or technology that may be distributed together with the Skype Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Skype or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Skype or its Affiliates to enforce any of your rights.
+
+2.5 Exclusive Ownership: Any and all IP Rights in the Skype Software, the Skype Website, the Skype Online Material and the Skype Promotional Materials 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.
+
+2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Skype’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
+
+2.7 Use of Skype API.
+
+2.7.1 You may make use of the Skype API provided that:
+
+(i) You comply with the Skype API Terms of Use at http://www.skype.com/legal/terms/api/ ;
+
+(ii) Your use of the Skype API is for legitimate purposes only and shall not adversely affect the functionality or performance of the Skype Software or services provided by Skype; and
+
+(iii) You will monitor the Skype Website in order to ensure that You are aware of any changes in the Skype API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the Skype API and, where applicable, the Skype Software.
+
+2.7.2 If You are interested in using the Skype API for a purpose which is not permitted under this Agreement or the Skype API Terms of Use, You will have to obtain Skype’s prior written consent and explicitly agree upon any further commercial terms.
+
+2.8 Skype Promotional Materials: Nothing in this Agreement will give You any right to use the Skype Promotional Materials.
+
+2.9 Broadcasts Using Skype Software: NExcept as expressly permitted in the Broadcast Terms and Conditions at http://www.skype.com/legal/terms/broadcast/ ("Broadcast ToS"), You are not allowed to use the Skype Software in connection with any Broadcasts (as defined in such Broadcast ToS).
+
+3. What You should and should not expect from Skype
+3.1 No Warranties:Installing Skype Software enables You to communicate with other people. Skype cannot guarantee that You will always be able to communicate with other people, 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 people.
+
+3.2 Content
+3.2.1 Content of Communications: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 understand, therefore, that by using the Skype Software and the Skype Services You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use the Skype Software and the Skype Services at Your own risk.
+
+3.2.2 You acknowledge and agree that You are solely responsible for any Content that You upload, submit, post, transmit or display through the Skype Software (“Use” or “Used”) and that Skype is not responsible to You or any third party for any Content that is Used by You or any other Skype Software user.
+
+3.2.3 Third Party IP Rights: You agree that You shall not Use any Content that is subject to any third party IP Rights, unless you have a licence or specific permission from the owner to Use such third party content, and to grant Skype the licence set out in paragraph 3.2.4 below.
+
+3.2.4 Licence: You hereby grant to Skype a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to Use the Content in any media in connection with the Skype Services.
+
+3.2.5 Removal of Content: Skype reserves the right (but shall have no obligation) to decide whether any Content that You Use complies with this Agreement and any Additional Terms. Skype may in its sole discretion remove such Content and/or terminate this Agreement and Your User Account if You Use any Content that is in breach of this Agreement and/or any Additional Terms at any time and without prior notice to You.
+
+3.3 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 You and third parties. Skype 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.
+
+3.4 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 has no obligation to make available to You any subsequent versions of the Skype Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Skype Software.
+
+3.5 Suspension: Skype may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, 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, including but not limited to, circumstances where You, at Skype’s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
+
+3.6 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 Service. You acknowledge and agree that: (i) Skype is not required to offer access to Emergency Services under any applicable local and/or national rules, regulation or law; (ii) You must make additional arrangements to access Emergency Services and it is Your responsibility to purchase (separately from the Skype Software), traditional wireless or landline telephone services to obtain such access; and (iii) Skype is not a replacement for Your primary telephone service.
+
+4. What we expect from You
+4.1 Lawful purposes: 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 communication not permitted by applicable law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the Skype Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use (including as part of your Skype Name) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights.
+
+4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the Skype Software and/or the Skype Services.
+
+4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SKYPE AND ITS AFFILIATES 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.
+
+4.4 Utilization of Your Computer: If Your use of the Skype Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the Skype Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the Skype Software, You have obtained such consent.
+
+4.5 Export Restrictions: Skype Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Skype Software as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN 5D992.b.1 of the Export Administration Regulations (“EAR”) per CCATS # G047973 and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. Skype is making this software available to You for download only on the condition that You certify that You are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
+
+4.6 Government Users: The Skype Software and Documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Skype Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.
+
+5. Term, Termination, Updates
+5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Skype or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant Skype Service (as applicable), and will remain effective until terminated by either Skype or You as set out below and/or in the applicable terms.
+
+5.2 Termination:You may terminate the Terms with immediate effect at any time. Without limiting other remedies, Skype may limit, suspend, or terminate this license and Your use of Skype Software and Skype Services, prohibit access to the Skype Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), 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, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
+
+5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Skype Software and the Skype Services shall immediately terminate; (b) You will immediately cease any and all use of the Skype Software and Skype Services; 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.
+
+5.4 New Versions: Skype reserves the right to change 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, 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 http://www.skype.com/legal/eula . Skype reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the Skype Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.
+
+6. Disclaimer of Warranties and Limitation of Liability
+6.1 No Warranties: THE SKYPE SOFTWARE IS PROVIDED “AS IS” 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 FOR 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.
+
+6.2 Specific Disclaimer Of Liability For Emergency Services: SKYPE DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE SKYPE SOFTWARE. NEITHER SKYPE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES 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 YOUR INABILITY TO USE THE SKYPE SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.
+
+6.3 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Skype Software remains with You, to the maximum extent permitted by law.
+
+6.4 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 DEINSTALL AND CEASE USE OF SUCH SKYPE SOFTWARE.
+
+6.5 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:
+
+6.5.1 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; AND
+
+6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SKYPE SOFTWARE;
+
+6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
+
+(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE SKYPE SOFTWARE;
+
+(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY SKYPE FOR ANY REASON; AND
+
+(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SKYPE SOFTWARE TO YOU.
+
+6.6 THE LIMITATIONS ON SKYPE’S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT SKYPE, ITS AFFILIATES OR THE SKYPE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
+
+6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF SKYPE FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SKYPE, THE SKYPE STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
+
+6.8 Jurisdiction’s 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 to the maximum extent possible within the applicable legislation.
+
+7. Additional Terms
+7.1 In addition to this Agreement, You have to comply with the following Additional Terms when receiving the Skype Software and the Skype Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:
+
+• The Skype Etiquette http://www.skype.com/legal/terms/etiquette provides guidelines to treat properly and respectfully the other members of Skype’s community.
+
+• Distribution of Skype Software. You are not allowed to distribute the Skype Software or any part thereof in a CD-ROM, DVD or other similar physical media unless You comply with the Distribution Terms at http://www.skype.com/legal/promote/distribute/. Any other distribution of the Skype Software is subject to paragraph 7.2 below.
+
+• Skype API. You are not allowed to use the Skype API unless You comply with the API Terms at http://www.skype.com/legal/terms/api/.
+
+• Skype Online Material. You are not allowed to use the Skype Online Material unless You comply with the Online Material Terms at http://www.skype.com/company/legal/promote/materials/.
+
+• Payable VoIP products are provided by Skype Communications S.a.r.l. and are subject to the Terms of Service at http://www.skype.com/legal/terms/voip/.
+
+• The use of www.skype.com website is subject to the Terms of Use with Skype Technologies SA at http://www.skype.com/legal/terms/web/.
+
+• If You want to provide chargeable services to other Skype Software users through the Skype Software as a service provider, You will need to comply with the Service Provider Agreement with Skype Communications Sa.r.l. at http://www.skype.com/intl/en/legal/terms/callserviceprovider.
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+• If you want to use Skype Premium Call Service then You will need to comply with the Terms of Service for Skype Premium Call (Beta) at http://www.skype.com/legal/terms/callservices/.
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+• You will need to comply with the Broadcast ToS at http://www.skype.com/legal/terms/broadcast if You want to use the Skype Software in connection with any Broadcast (as defined in such Broadcast ToS).
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+7.2 Any other exceptions: If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain Skype’s prior written consent and explicitly agree upon any further terms.
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+7.3 Your Confidential Information and Your Privacy: Skype is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy at http://www.skype.com/legal/privacy sets out how Skype may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the Skype Services.
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+8. Miscellaneous
+8.1 Entire Agreement: The terms and conditions of the Terms 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. Nothing in this clause shall exclude or restrict the liability of either You or Skype arising out of fraud or fraudulent misrepresentation.
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+8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.
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+8.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If Skype waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
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+8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. Skype is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.
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+8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.
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+8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
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+8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
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+8.8 AVC/H.264 Notice: If the Skype Software is used to make video calls (i) between Your personal computer and a device that is not a personal computer or (ii) between devices that are not personal computers, the AVC/H.264 codec may be used to facilitate video functionality in which case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
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+YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR 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.
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+© Skype – Last revised: May 2009
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