Sony COM-1 - Manual (Page 230)

COM-1.US.2-668-393-12(2)
Additional Information…
Skype End User License
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9.3 U.S. Withholding Tax. United States-based end users and/or customers only:
Skype and all affiliated non-U.S. Skype entities (including, but not limited to,
Skype Software S.a.r.l., Skype Technologies, S.A., and Skype Communications
S.a.r.l.) intend to fully comply with all applicable U.S. federal tax rules and
regulations as provided by the Internal Revenue Code of 1986 (the “Code”) and
the Treasury Regulations promulgated thereunder. Skype, Inc. (Skype’s U.S.-based
affiliate) has been appointed to assist all U.S.-based end users and/or customers in
complying with any and all U.S. tax obligations arising as a result of Your use of
the Skype Software, VoIP Service and/or Skype API. You hereby agree to appoint
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 [email protected].
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 the Skype Software provided
hereunder, including specifically any claims arising out of the failure of Skype to
offer Emergency Services.
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