Distribution Terms

Additional to the Skype End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY

These Distribution Terms are an addition to the Skype End User License Agreement (the “Agreement”), 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 Skype’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 “Includes Skype Software” 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 attorneys’ 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.