Skype license
I got a request from a Skype employee who was eager to distribute
Skype with Debian. I replied that the current license probably is not
compatible with DFSG and promised to ask debian-legal what has to be
done with Skype's license to make it distributable.
In it's current form, I don't think Skype is suitable even for
non-free. So the primary question is "What has to change in Skype's
license to make it distributable in non-free?", with the secondary
question being the same for main.
I posted a question about the Skype license back in 2004
(http://lists.debian.org/debian-legal/2004/07/msg00570.html), but the
text has changed since then.
http://www.skype.com/company/legal/ is a list of links to pages about
Skype terms and policies. The two important ones are the EULA
(http://www.skype.com/company/legal/eula/) and the distribution terms
(http://www.skype.com/company/legal/promote/distributionterms.html)
Cheers,
Øystein Gisnås
Skype End User License Agreement
IMPORTANT â?? PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:
No Emergency Calls: by entering into this Agreement You acknowledge and agree that the Skype Software does not and does not intend to support or carry emergency calls. Please also see article 7 below.
Entering into this Agreement:This End User License Agreement constitutes a valid and binding agreement between Skype Software S.a.r.l and You, as a user, for the use of the Skype Software. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the Skype Software. You hereby agree and acknowledge that this Agreement covers all Your use of Skype Software, whether it be from this installation or from any other terminals where Skype Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the Skype Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Skype to show Your approval of any foregoing texts and/or to download and install the Skype Software, You are entering into a legally binding contract. 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.
Jurisdictionâ??s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Skype Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, You may not enter into this Agreement and You may not download, install or use the Skype Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Skype Software is allowed.
Article 1 Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 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.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.4 Documentation: any online or otherwise enclosed documentation provided by Skype.
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Skype Software, the Documentation, the Skype Website or the Skype Promotional Materials.
1.7 Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account;
1.8 Skype: refers to the company established under the laws of Luxembourg, Skype Software S.a.r.l, with its address at 15 rue Notre Dame, L-2240 Luxembourg, Luxembourg, reg.no (B100467), VAT no. (LU20180239).
1.9 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.
1.10 Skype Online Material: the Skype banner available for download on the Skype Website, consisting of a Skype logo and a link to the Skype Website.
1.11 Skype Promotional Materials: any and all trademarks, names, signs, logos, banners, Skype Online Material and any other materials, in whatever form, owned and/or used by Skype for the promotion of its company, its products and activities.
1.12 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 programming fixes, updates and upgrades thereof.
1.13 Skype Staff: the officers, directors, employees and agents of Skype or its Affiliates, or any other persons hired by Skype or its Affiliates.
1.14 Skype Website: any and all elements, contents and the â??look and feelâ?? of the website available under the URL www.skype.com, â?? among other URLâ??s â??, from which website the Skype Software can be downloaded.
1.15 Terms of Service: means the agreement between Skype Communications S.a.r.l and You for the use of the VoIP service;
1.16 UI: the user interface of the Skype Software.
1.17 User Account: refers to the account with User ID and Password that You create for Your use of the Skype Software;
1.18 User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account;
1.19 VoIP Service: means the payable services provided under the Terms of Service
1.20 You: you, the end user of the Skype Software, also used in the form â??Yourâ?? where applicable.
Article 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. For the avoidance of doubt, You are allowed to use Skype Software at work, in accordance with the terms of this Agreement.
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.
2.4 Third Parties. You acknowledge and agree that 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 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. You acknowledge and agree that Skype has no obligation to make available to You any subsequent versions of the Skype Software. You also agree that 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. Furthermore, You acknowledge and agree that 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, including but not limited to, circumstances where You, at Skypeâ??s discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found at www.skype.com/company/legal/terms/etiquette.html, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Skype will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Skype Software and (2) by the suspension or termination of the license or this Agreement by Skype and/or by You.
2.6 Paid Services. This Agreement applies to downloading, installing and using the Skype Software, free of charge. The use of any paid services which may be offered by Skype or its Affiliates, is subject to the additional Terms of Service that are published on the Skype Website.
Article 3 Definitions to License Restrictions and Additional Terms
3.1 Distribution of Skype Software. You are not allowed to distribute the Skype Software under this Agreement. For the right to distribute You will have to agree to and meet with the Distribution Terms as published on the Skype Website.
3.2 Distribution of Skype API. Under this Agreement You are not allowed to use the Skype API in connection with applications that You (or any third party) distribute or intend to distribute. If you wish to distribute Your application, which uses Skype API, You will have to agree to and meet with the API Terms of Use as published on the Skype Website.
3.3 Use of Skype API. You may make use of the Skype API, subject to license terms in Clause 2.1 and for the sole purpose of enabling Your application to connect with the Skype Software, provided that:
3.3.1 All such use of Skype API is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of the Skype Software or services provided by Skype;
3.3.2 You will not remove, overtake, hide or otherwise make the UI inaccessible for end users;
3.3.3 You will monitor the Skype Website in order to ensure that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the Skype API and, where applicable, any and all use of the Skype Software; and
3.3.4 You acknowledge and agree that Your use of the Skype API will be at Your own risk and account.
3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms or the Skype API Terms of Use, You will have to obtain Skypeâ??s previous written consent and explicitly agree upon any further (commercial) terms.
3.5 Skype Promotional Materials. Nothing in this Agreement will give You any right to use the Skype Promotional Materials.
Article 4 Utilization of Your computer
4.1 Utilization of Your computer. You hereby acknowledge that the 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.
4.2 Protection of Your computer (resources). You understand that the 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, You acknowledge and agree that Skype cannot give any warranties in this respect.
Article 5 Confidentiality and Privacy
5.1 Skypeâ??s Confidential Information. You agree to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding Skype, its Affiliates, the Skype Staff, the Skype Software and the IP Rights.
5.2 Your Confidential Information and Your Privacy. Skype is committed to respecting Your privacy and the confidentiality of Your personal data. The â??Privacy Policyâ?? that is published on the Skype Website at www.skype.com/go/privacy applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s). We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use our services.
Article 6 IP Rights
6.1 Exclusive Ownership. You acknowledge and agree that 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 the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that 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.
6.2 With the exception of IP Rights of Skype and/or its licensors in Skype Software (including the Skype API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the Skype API. You hereby release and covenant not to hold liable Skype or its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the Skype API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the Skype API. As between You and Skype, Skype and its licensors retain the IP Rights in and to the Skype Software (including the Skype API) and any derivative works thereto created by or for Skype or its licensors.
6.3 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 Skypeâ??s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
Article 7 Communication and Your Use of the Skype Software
7.1 Communication. Installing Skype Software enables You to communicate with other Skype Software users.
7.2 No Warranties. 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 communication 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.
7.3 No Responsibility of Content. 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.
7.4 No Emergency Services. You expressly agree and understand that 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. Skype, its Affiliates or Skype Staff are in no way liable for such emergency calls.
7.4.1 Alternative Arrangements. By agreeing to this Agreement You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from Skype Software, traditional wireless or wireline telephone service that offers access to Emergency Services.
7.4.2 No Compulsion to Offer Emergency Services. You recognize and agree that Skype is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that Skype is not a replacement for Your primary telephone service.
7.5 Lawful purposes. You acknowledge and agree to 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, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.
Article 8 Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Skype or You as set forth below.
8.2 Termination by Skype. 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, possible legal liabilities, 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 elseâ??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 the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Skype Software shall terminate, and (b) will cease any and all use of the Skype Software, and (c) will 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.
8.5 No liability. Skype will not be liable in respect to any damage caused by the termination of this Agreement.
Article 9 Your Representations and Warranties; Indemnification of Skype
9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that 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.
9.2 Indemnification. You agree to indemnify, defend and hold Skype, Affiliates and the Skype Staff harmless from and against any and all liability and costs, including reasonable attorneysâ?? fees incurred by said 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) use and/or modification of the Skype API or (e) communication spread by means of the Skype Software.
9.3 Export Restrictions. You acknowledge that the Skype Software may be subject to international rules that govern the export of software. You agree to 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.
Article 10 Disclaimer of Warranties
10.1 No warranties. THE SKYPE SOFTWARE IS PROVIDED â??AS ISâ??, 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 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.
10.2 Specific Disclaimer of Liability for Emergency Services. Skype does not provide 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. You shall defend, indemnify, and hold harmless Skype, Skype Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the Skype Software, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneysâ?? fees) by, or on behalf of, You relating to the absence, failure or outage of the Skype Software provided hereunder, including specifically any claims arising out of the failure of Skype to offer Emergency Services.
10.3 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.
10.4 Jurisdictionâ??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 as far as legally possible under the applicable legislation.
Article 11 Limitation of Liability
11.1 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.
11.2 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 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.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SKYPE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH SKYPE SOFTWARE.
11.4 Jurisdictionâ??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 as far as legally possible under the applicable legislation.
Article 12 General Provisions
12.1 New versions of the Agreement. Skype reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Skype Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, 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. Skype reserves the right to make changes to this Agreement from time to time.
12.2 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.
12.3 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.
12.4 No waiver. The failure of Skype at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Skype.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by Skype. Skype is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
12.7 Applicable Law. 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.
12.8 Competent Court. 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.
12.9 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.
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.
© Skype â?? Last revised: August 2006.
Distribution Terms
additional to the Skype End User License Agreement
IMPORTANT â?? PLEASE READ CAREFULLY
These Distribution Terms are an addition to the Skype End User License Agreement (the â??Agreementâ??), as published on the Skype Website. The terms and conditions of the Agreement will apply to these Distribution Terms, except for the exceptions that are explicitly stated in these Distribution Terms. The capitalized definitions used herein are specified in Article 1 of the Agreement.
If You want to make use of the possibility to distribute the Skype Software in a CD-ROM, DVD or other similar physical media, You will have to send an email containing Your name, address, phone number and email address to distribution@skype.net, stating Your intentions to distribute the Skype Software and defining the applicable media. By sending such email, You explicitly agree to be bound by the Distribution Terms below as well as any renewed versions thereof, as will be published on the Skype Website or as may be otherwise notified to You by Skype. In the event Skype has not received such email, You will not be allowed to distribute the Skype Software. Skype reserves the right, at its sole discretion, to deny your request to distribute. In this event, you will be notified via email response within 30 days of receipt of your email.
1. Distribution
1.1 As an exception to the Agreement, You are allowed to distribute the Skype Software, only for a legitimate purpose, and under the conditions as set forth herein.
1.2 You acknowledge and agree that You are not permitted to distribute the Skype Software for any commercial gain, including but not limited to any selling of related services or attempt to charge for the Skype Software.
1.3 You will not distribute other products or services together with Skype Software, unless You are a publisher of computer magazines for end users and distribute the Skype Software with Your magazine(s) for free.
1.4 You will not distribute Skype Software through other media than CD-ROM or DVD, unless approved by Skype in an explicit written communication to You.
1.5 You will acknowledge that the provisions of the Agreement must be agreed to by all end users who install the Skype Software that You distribute.
1.6 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. Further, You will not make any indications about Skypeâ??s intellectual property rights illegible.
1.7 You will not harm, misuse or bring into disrepute Skype, the Skype Software and the services of Skype, on the contrary, You will maintain the value and reputation thereof to the best of Your abilities.
1.8 You will constantly monitor the Skype Website in order to ensure that You are distributing the latest stable version of the Skype Software as well as that You are aware of any changes in the applicable legal documents. In the event that You cannot agree on any changes in any applicable legal document You will immediate cease any and all distribution of the Skype Software and, where applicable, any and all use of the Skype Software.
1.9 You will at any and all times clearly indicate that the Skype Software originates from Skype by marking the words â??Includes Skype Softwareâ?? on the packaging material and/or on the distributed physical medium, and will at any time comply with all further instructions provided by Skype for the distribution of the Skype Software.
1.10 You acknowledge that these Distribution Terms do not grant You any right to use Skype Promotional Material, including any use thereof in connection with the distribution hereunder. For the right to use Skype Online Material, You will have to agree to and meet with the Promotional Materials Terms as published on the Skype Website.
2. General Provisions
2.1 You represent and warrant that You are authorized to agree to and meet with the terms and conditions of these Distribution Terms. You acknowledge and agree that the Agreement will apply to these Distribution Terms, except for the exceptions that are explicitly meant to make in these Distribution Terms.
2.2 You acknowledge and agree that Your distribution of the Skype Software will be at Your own risk and account. You agree to indemnify, defend and hold Skype, its Affiliates and the Skype Staff harmless from and against any and all liability and costs, including reasonable attorneysâ?? fees incurred by said parties, in connection with or arising out of (a) Your distribution of the Skype Software, or (b) any breach of violation of the terms and conditions of the Distribution Terms and the Agreement.
2.3 Skype reserves the right to modify these Distribution Terms at any time. Your continued distribution of the Skype Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Distribution Terms. Skype will not be liable in relation to any damage caused by the modification of these Distribution Terms and/or the termination thereof.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING AND/OR DISTRIBUTING THE SKYPE SOFTWARE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE RIGHTS SET FORTH HEREIN.
© Skype â?? June 2005.
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