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4.2 Restrictions. | clearly_fair | 2,574 |
You may not and you agree not to: | clearly_fair | 2,575 |
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software; | clearly_fair | 2,576 |
(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law); | clearly_fair | 2,577 |
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software; | clearly_fair | 2,578 |
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. | clearly_fair | 2,579 |
The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above; | clearly_fair | 2,580 |
(e) other than for the purposes of download and installation, use the Software except through your User Account. | clearly_fair | 2,581 |
4.3 Third-Party Technology. | clearly_fair | 2,582 |
If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third-Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such Third-Party Technology; (b) some Products and/or functionality may not be accessible through the Third-Party Technology and (c) Skype cannot guarantee that the Software shall always be available on or in connection with such Third-Party Technology. | clearly_fair | 2,583 |
4.4 Third Party Notices. | clearly_fair | 2,584 |
The Software may include third party code that Skype, not the third party, licenses to you under this agreement. | clearly_fair | 2,585 |
Notices, if any, for the third party code are included for your information only. | clearly_fair | 2,586 |
Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by Skype. | clearly_fair | 2,587 |
5. | clearly_fair | 2,588 |
USE OF THE SOFTWARE AND PRODUCTS AND SKYPE WEBSITES | clearly_unfair | 2,589 |
5.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. | clearly_fair | 2,590 |
You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. | clearly_fair | 2,591 |
5.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. | clearly_fair | 2,592 |
If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. | clearly_fair | 2,593 |
You represent and warrant that by accepting these Terms, you have obtained such consent. | clearly_fair | 2,594 |
5.3 Updates to the Software: Skype may automatically check your version of the Skype Software. | clearly_fair | 2,595 |
You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. | clearly_fair | 2,596 |
Skype has no obligation to make available any Updates. | clearly_fair | 2,597 |
However, Skype may (a) require you to download and install Updates; or (b) download and install Updates from Skype automatically from time to time unless you have chosen (through your Skype client settings) not to receive automatic Updates. | clearly_fair | 2,598 |
Microsoft Corporation or its affiliates and subsidiaries may also automatically download updates to the Skype Software for Windows, if you have chosen to receive Microsoft Updates. | clearly_fair | 2,599 |
These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. | clearly_fair | 2,600 |
This may require Skype to temporarily suspend or limit your use of some or all of the Software, Products or Skype Websites until such time as this maintenance and/or upgrade can be completed. | clearly_fair | 2,601 |
To the extent possible and unless an intervention is urgently required, Skype will publish the time and date of such suspension or limitation on the Skype Website in advance. | clearly_fair | 2,602 |
5.5 No Access to Emergency Services: Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). | clearly_fair | 2,603 |
There are important differences between traditional telephone services and the Products. | clearly_fair | 2,604 |
You acknowledge and agree that: (i) Skype is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service. | clearly_fair | 2,605 |
Find out more about calling 112, the dedicated emergency number for the EU at www.skype.com/go/emergency. | clearly_unfair | 2,606 |
5.6 Limited Emergency Calling (Internet Communications Software Only and Not Applicable to the Qik Software) | clearly_fair | 2,607 |
5.6.1 In a very limited number of countries, and for defined Internet Communications Software versions and platforms only, Skype will try to provide limited emergency calling as a stand-alone feature but can provide no commitment in this respect. | clearly_fair | 2,608 |
Click here for the listing of countries (“Enabled Countries”) and software versions and other platforms (“Enabled Versions”) that enable limited Skype emergency calling. | clearly_unfair | 2,609 |
Skype emergency calling is not available for any other countries, versions or platforms. | clearly_fair | 2,610 |
You should keep traditional wireless (mobile) or fixed line telephone services available for your calls to Emergency Services and use Skype’s limited emergency calling only as an absolute last resort. | clearly_fair | 2,611 |
In particular, please also note that: | clearly_unfair | 2,612 |
(i) power cut, battery failure or internet connection failure can lead to a Skype call failure, including your call to Emergency Services. | clearly_fair | 2,613 |
Additionally, any of the quality limitations set out in paragraph 5.9 below, may otherwise affect successful call connection. | clearly_fair | 2,614 |
(ii) where available, an emergency call made using the Internet Communications Software in an enabled country may not receive the same network priority as a call made using traditional wireless (mobile) or fixed line telephone services. | clearly_fair | 2,615 |
(iii) if your emergency call is connected, you will need to tell the Emergency Services operator that you speak to where you are physically located so that the correct emergency organisation can respond to your emergency and knows where to find you. | clearly_fair | 2,616 |
If you do not provide this information when prompted, you acknowledge that your emergency call may not be completed and you will not be able to gain access to your required Emergency Services using the Internet Communications Software. | clearly_fair | 2,617 |
(iv) other than for the Enabled Countries and Enabled Versions, Skype does not provide limited emergency calling in any country or for or in conjunction with any Products or using any platforms, devices, services or operating systems (including any products, platforms, devices, services or operating systems developed by third parties using Skype’s APIs, any of Skype’s software development kits or otherwise). | clearly_fair | 2,618 |
5.6.2 In Enabled Countries, you should configure the limited emergency calling functionality by setting your default location for emergency calling in the Call Settings page of your desktop Internet Communications Software (if you are using a 4.1 version for Windows (or later) or version 2.8 for Mac OS X (or later)). | clearly_fair | 2,619 |
It is your responsibility to ensure that this location information is correct and kept up-to-date if your physical address changes. | clearly_fair | 2,620 |
Skype does not support emergency calls in the majority of countries around the world. | clearly_fair | 2,621 |
Where limited emergency calling is supported Skype will not charge you to make an emergency call and you do not need to have a Skype Credit balance. | clearly_fair | 2,622 |
If however your country is not supported for limited emergency calling then you should not attempt to, and agree not to, make any emergency calls using your Internet Communications Software. | clearly_fair | 2,623 |
If, with your permission, another user uses your User Account, it is your responsibility to inform that user of the limited circumstances in which limited emergency calling is available. | clearly_fair | 2,624 |
5.7 Content of Communications: Skype is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. | clearly_fair | 2,625 |
By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. | clearly_fair | 2,626 |
The content of communications is entirely the responsibility of the person from whom such content originated. | clearly_fair | 2,627 |
You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. | potentially_unfair | 2,628 |
The content of communications may be protected by intellectual property rights, which are owned by third parties. | clearly_fair | 2,629 |
You are responsible for the content you choose to communicate and access using the Software. | clearly_fair | 2,630 |
In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. | clearly_fair | 2,631 |
Skype reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. | clearly_fair | 2,632 |
The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. | clearly_fair | 2,633 |
You acknowledge and agree that Skype is under no obligation to put back such User Submission at any time. | clearly_fair | 2,634 |
If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. | clearly_fair | 2,635 |
Click here to view the Notice and Takedown Procedure. | clearly_fair | 2,636 |
Skype reserves the right to ask for verification of your identity and to seek further information to verify your complaint. | clearly_fair | 2,637 |
You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. | clearly_fair | 2,638 |
Any false, misleading or inaccurate information provided by you may result in civil and criminal liability. | clearly_fair | 2,639 |
5.9 Quality: Skype cannot guarantee that the Software, Products or Skype Websites will always function without disruptions, delay or errors. | clearly_fair | 2,640 |
A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Skype Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. | clearly_fair | 2,641 |
5.10 Changes to Products: Skype is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. | clearly_fair | 2,642 |
Technical requirements for use of Products and Software and feature descriptions are available on the Skype Website. | clearly_fair | 2,643 |
If you do not agree with any changes to Software and Products you may terminate your relationship with Skype in accordance with paragraph 11. | clearly_fair | 2,644 |
You may need to upgrade to a new version in order to enjoy the benefit of certain Products. | clearly_fair | 2,645 |
In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. | clearly_fair | 2,646 |
Please check the Skype Website for details of the most up-to-date usage restrictions that apply to the Products that you are using. | clearly_fair | 2,647 |
5.11 Unsolicited Ideas Skype does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). | clearly_fair | 2,648 |
If you send any Unsolicited Feedback to Skype through the Skype Website or otherwise, you acknowledge and agree that Skype shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback. | clearly_fair | 2,649 |
5.12 Reports Certain parts of the Skype Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). | clearly_fair | 2,650 |
Please read carefully any specific terms, which govern those Reports. | clearly_fair | 2,651 |
The Reports shall be deemed the property of Skype. | clearly_fair | 2,652 |
Skype shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. | clearly_fair | 2,653 |
Any Reports you send to Skype will not be treated as confidential and Skype shall not be liable for any disclosure of the Reports. | clearly_fair | 2,654 |
5.13 Linking You may link to the Skype Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. | clearly_fair | 2,655 |
You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Skype where none exists. | clearly_fair | 2,656 |
You may not frame the Site on any other site. | clearly_fair | 2,657 |
Skype provides a Qik branded embeddable flash player feature which you may incorporate into your own personal, non-commercial website for use in accessing the materials on the Qik branded Skype Website. | clearly_fair | 2,658 |
Skype may revoke the permission to link to the Skype Websites at any time at its sole discretion and will notify you in this respect. | clearly_fair | 2,659 |
6. | clearly_fair | 2,660 |
YOUR OBLIGATIONS | clearly_unfair | 2,661 |
6.1 User Account. | clearly_unfair | 2,662 |
Prior to your first use of the Skype Software and your first use of the Qik Software, you will be asked to create a User Account and choose a user ID and password. | clearly_fair | 2,663 |
We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. | clearly_fair | 2,664 |
You may only use the Software through your User Account. | clearly_fair | 2,665 |
You are solely responsible and liable for all activities conducted through your User Account. | clearly_fair | 2,666 |
To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. | clearly_fair | 2,667 |
If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. | clearly_fair | 2,668 |
It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. | clearly_fair | 2,669 |
Skype takes no responsibility for your failure to comply with the obligations in this paragraph 6.1. | clearly_fair | 2,670 |
6.2 Lawful Use: You must use the Software, Products and Skype Websites in accordance with the laws of where you are located. | clearly_fair | 2,671 |
In some countries there are restrictions on the download and use of the Software, Products and/or Skype Websites. | clearly_fair | 2,672 |
It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Skype Websites where you are located. | clearly_fair | 2,673 |
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