COM-2.US.3-213-855-11(1)
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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.
10.3
Your own Risk. You acknowledge and agree that the entire risk arising out of the
use or performance of the Skype Software remains with You, to the maximum
extent permitted by law.
10.4
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 such event the liability will be limited as far as legally
possible under the applicable legislation.
11.1 No Liability. The Skype Software is being provided to You free of charge.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SKYPE, ITS
AFFILIATES, ITS LICENSORS AND THE SKYPE STAFF WILL HAVE NO
LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE
SKYPE SOFTWARE, AS SET FORTH BELOW.
11.2
Limitation of Liability. IN NO EVENT SHALL SKYPE, ITS AFFILIATES, ITS
LICENSORS OR THE SKYPE STAFF BE LIABLE, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE
OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE SKYPE SOFTWARE, EVEN IF SKYPE, ITS AFFILIATES OR THE SKYPE
STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3
Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY
PROBLEMS OR DISSATISFACTION WITH THE SKYPE SOFTWARE IS TO
DEINSTALL AND CEASE USE OF SUCH SKYPE SOFTWARE.
11.4
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 such event the liability will be limited as far as legally
possible under the applicable legislation.
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