skype-eula

1 files changed, 426 insertions, 0 deletions

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.