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Skype, Inc. as Your withholding agent for purposes of the withholding provisions
of Chapter 3 of the Code, section 3406 and other withholding provisions of the
Code, and the reporting provisions of Chapter 6 of the Code. Your agreement
does not modify in any way Your defenses provided under U.S. tax law to avoid
tax for any payments made to Skype’s non-US entities. If You would like any
information with respect to Your rights and obligations concerning any and all
potential U.S. federal income tax liability and/or reporting responsibilities or if You
wish to receive additional information (including applicable Forms W-8BEN
(“Certificate of Foreign Status of Beneficial Owner for United States
Withholding”), You may contact Skype at taxation@skype.net.
9.4 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 “AS IS”, 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,
attorneys fees) by, or on behalf of, You relating to the absence, failure or outage
of 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.