Merge from vendor branch TNF:

[pkgsrc.git] / licenses / skype-license

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\92s 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.