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diff --git a/licenses/skype-eula b/licenses/skype-eula new file mode 100644 index 000000000000..f6b576f30119 --- /dev/null +++ b/licenses/skype-eula @@ -0,0 +1,426 @@ +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 +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. + +Revised May 2004. |