COM-1.US.2-668-393-12(2)
Additional Information…
Skype End User License
240
240
10.4
No incidental consequential damages.
To the maximum extent permitted by
applicable law, Skype shall not be liable for any special, incidental or consequential
damages whatsoever (including but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for loss of privacy
arising out of or in any way related to the use of or inability to use the VoIP
service), even if Skype has been advised of the possibility of such damages and
even if the remedy fails of its essential purpose.
10.5
Specific Disclaimer of Liability for Emergency Services.
Skype does not
provide Emergency Services in conjunction with the VoIP service or any other
services. Neither Skype nor its officers or employees may be held liable for any
claim, damage, or loss, and You hereby waive, to the maximum extent permitted
by applicable law, any and all such claims or causes of action, arising from or
relating to the use of VoIP service or any other service provided hereunder to
contact Emergency Services personnel. You shall defend, indemnify, and hold
harmless Skype, Skype Staff, Affiliates and agents and any other service provider
who furnishes any services to You in connection with the VoIP service or any
other services provided under these Terms of Service, 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
the VoIP service or any other service provided hereunder, including specifically any
claims arising out of the failure of Skype to offer Emergency Services.
10.5.1
Alternative Arrangements.
By agreeing to these Terms of Service You
acknowledge and accept that Skype does not offer Emergency Services. You
understand that additional arrangements must be made to access Emergency
Services. To access Emergency Services, You acknowledge and accept Your
responsibility to purchase, separately from VoIP service, traditional wireless or
wireline telephone service that offers access to Emergency Services.
10.5.2
No Compulsion to Offer Emergency Services.
You recognize and agree that
Skype is not required to offer Emergency Services pursuant to any applicable local
and or national rules, regulation or law. You further recognize that Skype is not a
replacement for Your primary telephone service.
10.6
Willful intent or gross negligence.
The above limitation of liability in article 10.3
shall cease to apply if and insofar as the loss is due to Skype’s willful intent or
gross negligence.
10.7
Jurisdiction’s Limitations.
As some jurisdictions do not allow some of the
exclusions or limitations as set forth above, some of these exclusions or limitations
may not apply to You. In that event the liability will be limited as far as legally
possible under the applicable legislation.
5.2.1.1.4
Article 11
FORCE MAJEURE
11.1
Force majeure.
You acknowledge and understand that the VoIP service does not
function and Skype will not be in breach of any of its obligations towards You
under these Terms of Service in the event of a force majeure event. A force majeure
event means any event beyond the control of Skype including, but not limited to,
an act of God, insurrection or civil disorder, war or military operations, national or
local emergency, a serious and sustained power outage or severe Internet service
disruption, flood, subsidence, or weather conditions of exceptional severity.
Index
Table of
Contents
