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.