Promotional Materials Terms

Additional to the Skype End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY

These Promotional Materials Terms (the “Promotional Terms”) are an addition to the Skype End User License Agreement, as published on the Skype Website. The capitalized definitions used herein are specified in Article 1 of said agreement.

By using Skype Online Materials, you explicitly agree to be bound by the Promotional 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.

1. Skype Online Material

1.1 As an exception to the Agreement, You are allowed to use the Skype Online Material, under the conditions as set forth herein.

1.2 Skype, herewith, grants You a non-exclusive and non-transferable license, without the right to grant sub-licenses, to use the Skype Online Material on Your website for the purpose of promoting Skype, the Skype Software, Skype Website and/or services and other products of Skype.

1.3 You may use the Skype Online Material only for a legitimate purpose and provided that:
a. You will use the Skype Online Material only online, through Your website.
b. You will use the Skype Online Material only for non-commercial gain, unless differently agreed in a separate agreement entered into by and between You and Skype. More specifically, You acknowledge that You are not entitled to charge for the download or use of the Skype Software or attempt to sell or charge for any VoIP Service.
c. You shall use Skype Online Material in such form as it is made available in the Skype Website, and shall not make any changes to the graphics or HTML source code or any other parts of Skype Online Material.
d. You will not use the Skype Online Material on, website(s) that is/are in any way similar to the Skype Website or use the Skype’s trademarks or words describing Skype’s products or services as the registered URL for website(s) on which You use the Skype Promotional Material.
e. 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. Therefore, You will not publish or link to any unlawful, criminal, illegal or immoral content on Your website and will furthermore refrain from any acts that may be infringing on intellectual property rights or any other third party rights, or that may be unlawful or that constitute an offence.
f. You will regularly monitor the Skype Website in order to ensure that You are using the latest Skype Online Material 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 immediately cease any and all use of the Skype Online Material and, where applicable, any and all use of the Skype Software.
g. You will at any and all times clearly indicate that the Skype Software originates from Skype, by using the Skype Online Material in accordance with these terms and, if applicable, further instructions provided by Skype.

1.4 Nothing in these Promotional Material Terms shall grant You any rights with regard to the Skype Online Material other than the right to use the Skype Online Material as set out hereunder.

2. Intellectual property rights

2.1 All intellectual property rights (including but not limited to trademarks, copyrights and patents) relating to Skype Online Material, other Skype Promotional Materials, Skype Software, Skype Website and/or other products or services from Skype, are the exclusive ownership of Skype or its licensors. Nothing in this Agreement intends any transfer of any intellectual property right, or to vest any intellectual property right with you.

2.2 You are not allowed to register any trade names, trademarks, logos, domain names or any other names or signs similar to Skype’s intellectual property rights, including but not limited to the Skype Promotional Materials.

3. General Provisions

3.1 You represent and warrant that You are authorized to agree to and meet with the terms and conditions of these Promotional Terms. You acknowledge and agree that the Agreement will apply, except for the exceptions that are explicitly meant to make in these Promotional Material Terms.

3.2 You acknowledge and agree that Your use of the Skype Online Material 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 use of the Skype Online Material, or (b) any breach of violation of the terms and conditions of the Promotional Terms and/or the Agreement.

3.3 Skype reserves the right to modify these Promotional Terms at any time. Skype will not be liable in relation to any damage caused by the modification of these Promotional 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 USING THE SKYPE ONLINE MATERIAL YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE RIGHTS SET FORTH HEREIN.