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Skype End User License Agreement
B-8
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 else’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 relation 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 attorneys’ 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 U.S. Withholding Tax. United States-based end users and/or customers only:
Skype and all affiliated non-U.S. Skype entities (including, but not limited to,
Skype Software S.A., Skype Technologies, S.A., and Skype Communications Sarl)
intend to fully comply with all applicable U.S. federal tax rules and regulations as
provided by the Internal Revenue Code of 1986 (the “Code”) and the Treasury
Regulations promulgated thereunder. Skype, Inc. (Skype’s U.S.-based affiliate)
has been appointed to assist all U.S.-based end users and/or customers in
complying with any and all U.S. tax obligations arising as a result of Your use of
the Skype Software, VoIP Service and/or Skype API. You hereby agree to appoint