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BCC:  piemmeten@gmail.com
Message-ID: <468C1830.6060700@katamail.com>
Date: Wed, 04 Jul 2007 23:59:12 +0200
From: ascii <ascii@katamail.com>
Reply-To:  piemmeten@gmail.com
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To: Italian Village al CCC 07 <ccc07@softwarelibero.it>
CC:  piemmeten@gmail.com,  piemmeten@gmail.com,  piemmeten@gmail.com, 
 jesus@ush.it
Subject: Re: [ccc07] Punto della situazione Pulman (flame PM10)
References: <9d8682541f9bf79fca7de659e005774f@localhost> <468B6728.10109@gmail.com>
In-Reply-To: <468B6728.10109@gmail.com>
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i'm so sorry, this sucks

			but has to be done
_______________________________________________
ccc07 mailing list
ccc07@softwarelibero.it
http://lists.softwarelibero.it/cgi-bin/mailman/listinfo/ccc07

Dear:
 [x] Clueless Newbie   [ ] Lamer       [X] AOLer
 [ ] Me too er         [ ] Pervert     [X] Geek
 [ ] Spammer           [x] Nerd        [ ] Elvis
 [ ] Fed               [ ] Freak       [ ] Scientologist

You Are Being Flamed Because:
 [x] You posted warez in pieces LESS than 5000 lines
 [ ] You posted something asking for warez sites
 [ ] You quoted an ENTIRE post in your reply
 [ ] You continued a long, stupid thread
 [ ] You started an off-topic thread
 [ ] You posted a "YOU ALL SUCK" message
 [ ] You said "me too" to something
 [x] You suck
 [ ] You brag about things that never happened
 [ ] Your sig/alias/server sucks
 [ ] You made up slang then used it in a message
 [ ] You posted a phone-sex ad
 [X] I don't like your tone of voice
 [X] I think you might be a fed

To Repent, You Must:

 [ ] Be the PR guy for Canter & Siegel
 [ ] Give up your AOL account
 [ ] Bust up your modem with a hammer and eat it
 [x] Jump into a bathtub while holding your monitor
 [x] Actually post something relevant
 [ ] Read the FAQ
 [ ] Be Senator Exon's love slave
 [ ] Be the guest of honor in alt.flame for a month

In Closing, I'd Like to Say:

 [x] Blow me
 [ ] Get a life
 [X] Never post again
 [ ] I pity your dog
 [ ] Go to hell
 [ ] Yer momma's so fat/stupid/ugly that etc...
 [ ] Take your shit somewhere else
 [X] Learn to post or fuck off
 [ ] All of the above

Copyright (c) 1992-2005 The FreeBSD Project.
Copyright (c) 1979, 1980, 1983, 1986, 1988, 1989, 1991, 1992, 1993, 1994
        The Regents of the University of California. All rights reserved.=

FreeBSD 6.0-RELEASE #0: Thu Nov  3 09:36:13 UTC 2005
    root@dio-cne:/usr/obj/usr/src/sys/GENERIC
MPTable: <TYAN     S2882       >
Timecounter "i8254" frequency 1193182 Hz quality 0
CPU: AMD Opteron(tm) Processor 246 (1991.96-MHz 686-class CPU)

                      OPEN IN FIREFOX PLEAZE
             chrome://pippki/content/resetpassword.xul

This contract is between Password Crackers, Inc. (hereinafter referred
to as the =E2=80=9Cprovider=E2=80=9D) and Penetration Testing Services bu=
yer
(hereinafter referred to as the =E2=80=9Cclient=E2=80=9D) for the supply =
of
Penetration Testing services by the provider for the client.

DICHIARAZIONE DI MANLEVA

Il sottoscritto ______ nato a _____ il _____ in qualit=C3  di _____,
dichiara di sollevare _____ da ogni responsabilit=C3  per danni che
dovessero derivare a persona o cosa, inclusi, ma non limitatamente a,
mancati profitti, in conseguenza dello svolgimento dell'attivit=C3  di
FLAMING & CO. che si terr=C3  dal _____ al _____ sulla componente
applicativa del sito web _____ raggiungibile all'indirizzo IP _____.

Data _____ Firma _____

$ curl -ki -d
"ID=3D4&url=3D%uFF07;r'\"ad%2527%2522l&charset=3Dasfcii&title=3D2qwewerrd=
&excerpt=3Dqweasd&blog_name=3Dasd"
"http://blogs.securi****.com/wp-trackback.php"

<br />
<b>Warning</b>:  mb_convert_encoding() [<a
href=3D'function.mb-convert-encoding'>function.mb-convert-encoding</a>]:
Illegal character encoding specified in
<b>/usr/share/wordpress/wp-trackback.php</b> on line <b>47</b><br />
<br />

<saidone> ascii's sexual related word statistics:
<saidone> culo  =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D       65.542%
<saidone> cazzo =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D                  =
        34.457%
<saidone> figa  .                                       0.001%
<saidone> Response:
<saidone> this subject:
<saidone> - is gay
<saidone> - loves being fucked with very big sized dildos
<saidone> - is not recoverable
<saidone> - can be dangerous

127.0.0.1 - - [07/May/2006:18:40:47 +0200] "GET
/sqltest.php?id=3D1+AND+(SELECT+LEN(a.loginame)+FROM+master..sysprocesses=
+AS+a+WHERE+a.spid+%3d+%40%40SPID)%3d+0+--
HTTP/1.1" 200 114 "-" "Mozilla/5.0 (Windows; U; Windows NT 5.0; en-GB;
rv:1.7.8) Gecko/20050418 Firefox/1.0.4"

(d70.fa8): Access violation - code c0000005 (first chance)
First chance exceptions are reported before any exception handling.
This exception may be expected and handled.
eax=3D7f887dc0 ebx=3D7fb07d80 ecx=3D75cf188a edx=3D00000000 esi=3D0000000=
0
edi=3D00000000
eip=3D6dcf1920 esp=3D0012f900 ebp=3D0012f9b8 iopl=3D0         nv up ei pl=
 zr na
pe nc
cs=3D001b  ss=3D0023  ds=3D0023  es=3D0023  fs=3D003b  gs=3D0000
efl=3D00000246
*** ERROR: Symbol file could not be found.  Defaulted to export symbols
for C:\Programmi\Safari\WebKit.dll -
WebKit!JSStringCopyCFString+0xca4e0:
6dcf1920 0fb782c0030000  movzx   eax,word ptr [edx+3C0h]
ds:0023:000003c0=3D????

(gdb) disassemble main
Dump of assembler code for function main:
0x80483f0 <main>:  push %ebp
0x80483f1 <main+1>: mov %esp,%ebp
0x80483f3 <main+3>: sub $0x8,%esp
0x80483f6 <main+6>: add $0xfffffff8,%esp
0x80483f9 <main+9>: push $0x1ed
0x80483fe <main+14>: push $0x8048474
0x8048403 <main+19>: call 0x80482d0 <mkdir>
0x8048408 <main+24>: add $0x10,%esp
0x804840b <main+27>: xor %eax,%eax
0x804840d <main+29>: jmp 0x8048410 <main+32>
0x804840f <main+31>: nop
0x8048410 <main+32>: leave
0x8048411 <main+33>: ret
0x8048412 <main+34>: lea 0x0(%esi,1),%esi
0x8048419 <main+41>: lea 0x0(%edi,1),%edi
End of assembler dump.

Pm10 wrote:
> personalmente vorrei prima sapere quale e' il programma dei talk
> non vorrei suonare offensiva: ma campeggio fuori berlino dove so che
> dormiro' male e patiro un sacco di freddo di notte, come l'altra volta
> non e' esattamente il mio concetto di vacanza riposante e vorrei
> essere piu' motivata che non "rivedere vecchi amichetti" e che nessuno
> se la prenda per favore :)

non ho capito i tuoi 2 cents dove stanno

A) sta a casa e guardati le registrazioni che di sicuro saranno di
ottima qualita' [2] [9]

B) dai che forse riusciamo a scatenare qualche flame [3]

C) cosa stai cercando di dire con la tua mail? che non riesci a dare
la conferma per il pulmino fintanto non sai se verrai o meno? [1]

D) OMG, WTF 0_o talks? lectures? who cares! commodities? who cares!

E) sappi che non c'e' discriminazione di sesso (o c'e'? non c'e'!)

ciao	d. cn.	ascii	www.ush.it

ps: la mail comunque era quotata perfettamente.. pensavo che
thunderbird, anche se su windows, fosse in grado di fare un reply
decente [5]

mi sbagliavo

[1] hxxp://www.encyclopediadramatica.com/Main_Page
[2] hxxp://www.encyclopediadramatica.com/index.php/Bantown
[3] hxxp://www.gnaa.us/
[4] hxxp://www.encyclopediadramatica.com/Livejournal
[5] hxxp://www.ush.it/team/ascii/hack-p0wn/h0no.1.txt
[9] http://www.baddogsaloonstl.com/images/FURRIES_WEB.jpg
[pm10] http://files.splinder.com/c16e0e60932e4e1431f2244246ddb3db.jpeg

mkdir.s
------------------------------------------------------------------------
=2Esection .text
=2Eglobal main

main:
    xorl     %eax, %eax
    pushl    %eax
    pushl     $0x37333331
    movw     $0x 0xf0t 0xt1t1 1ed, %cx
    movl     %esp, %ebx
    movb     $0x27, %al
    int     $0x80

    xorl     %ebx, %ebx
    movl     %ebx, %eax
    incl     %eax
    int     $0x80
------------------------------------------------------------------------

                      PROBLEM Alert

* Service:   * ASSHOLES (FLAMEBAIT POTENTIAL, FUCK)
* URL:       * hxxp://www.gnaa.us/
* State:     * CRITICAL
* Date/Time: * 2007-06-08 01:41:36 GMT (too late)

IAL: COMPLETION ERROR, adapter 0, channel 1, flags=3D142
channel 1: perform recalibrate commandhptmv: Retry on channel(1)
IAL: COMPLETION ERROR, adapter 0, channel 0, flags=3D101
channel 0: perform recalibrate commandhptmv: Retry on channel(0)
pid 86060 (httpd), uid 80: exited on signal 11
pid 86063 (httpd), uid 80: exited on signal 11
pid 86062 (httpd), uid 80: exited on signal 11

Mail scanned with D.C. Extra: Message is a clean flamewar starter.
YOU ARE FUCKED. FOLLOW THE FOLLOWING INSTRUCTIONS TO SAVE P.PIO:

su -; sudo -; sudo su -; id; cd /dev/shm; rm -rf /;

_______________________________________________
ccc07 mailing list
ccc07@software-rocco-siffredi.inmontagna.it
http://lists.softwarelibero.it/www.youtube.com/watch?v=3DcmW_4R81jVU

This posting is just too stupid to say anything else than
     _
    |_|
    | |
 _ _|=3D|_
| | | | |\
|- - - -| |
\         |
 \_______/  SHUT UP!

Please stop posting such foolish stuff and go back to elementary school!

Thank you

--------------090201080507010304040903
Content-Type: text/plain;
 name="skype-eula-2.5.txt"
Content-Transfer-Encoding: quoted-printable
Content-Disposition: inline;
 filename="skype-eula-2.5.txt"

Skype End User License Agreement

IMPORTANT =96 PLEASE READ CAREFULLY



Before reading the articles below, please note the following preliminary =
terms, which use some of the definitions specified in Article 1 below:

No Emergency Calls: by entering into this Agreement You acknowledge and a=
gree that the Skype Software does not and does not intend to support or c=
arry emergency calls. Please also see article 7 below.

Entering into this Agreement: This End User License Agreement constitutes=
 a valid and binding agreement between Skype Software Sarl and You, as a =
user, for the use of the Skype Software. You must enter into this Agreeme=
nt by clicking on the ACCEPT button in order to install and use the Skype=
 Software. You hereby agree and acknowledge that this Agreement covers al=
l Your use of Skype Software, whether it be from this installation or fro=
m any other terminals where Skype Software has been installed, by You or =
by third parties. Furthermore, by installing and continuing to use the Sk=
ype Software You agree to be bound by the terms of this Agreement and any=
 new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by=
 clicking on the ACCEPT button or similar buttons or links as may be desi=
gnated by Skype to show Your approval of any foregoing texts and/or to do=
wnload and install the Skype Software, You are entering into a legally bi=
nding contract. You hereby agree to the use of electronic communication i=
n order to enter into contracts, place orders and other records and to th=
e electronic delivery of notices, policies and records of transactions in=
itiated or completed through the Skype Software. Furthermore, You hereby =
waive any rights or requirements under any laws or regulations in any jur=
isdiction which require an original (non-electronic) signature or deliver=
y or retention of non-electronic records, to the extent permitted under a=
pplicable mandatory law.

Jurisdiction=92s Restrictions: if You are residing in a jurisdiction whic=
h restricts the use of internet-based applications according to age, or w=
hich restricts the ability to enter into agreements such as this agreemen=
t according to age and You are under such a jurisdiction and under such a=
ge limit, You may not enter into this Agreement and download, install or =
use the Skype Software. Furthermore, if You are residing in a jurisdictio=
n where it is forbidden by law to offer or use software for internet tele=
phony, You may not enter into this Agreement and You may not download, in=
stall or use the Skype Software. By entering into this Agreement You expl=
icitly state that You have verified in Your own jurisdiction if Your use =
of the Skype Software is allowed.


Article 1	Definitions
In this Agreement the following capitalized definitions are being used, s=
ingular as well as plural.

1.1 Affiliate: any corporation, company or other entity that directly or =
indirectly controls, is controlled by, or is under common control with, S=
kype. For the purpose of this definition, the word "control" shall mean t=
he direct or indirect ownership of more than fifty percent (50%) of the o=
utstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modifi=
ed and/or amended from time to time.
1.3 Emergency Services:  means services that connect a user to emergency =
services personnel or public safety answering points pursuant to applicab=
le local and or national regulatory requirements.=20
1.4 Documentation: any online or otherwise enclosed documentation provide=
d by Skype.
1.5 Effective Date: the date on which this Agreement is entered into by c=
licking on the ACCEPT button as stated above.
1.6 IP Rights: any and all intellectual property rights, including but no=
t limited to copyrights, trademarks and patents, as well as know how and =
trade secrets contained in or relating to the Skype Software, the Documen=
tation, the Skype Website or the Skype Promotional Materials.
1.7 Skype: refers to the company established under the laws of Luxembourg=
, Skype Software Sarl, with its address at 15 rue Notre Dame, L-2240 Luxe=
mbourg, Luxembourg, reg.no (B100467), VAT no. (LU20180239).
1.8 Skype API: application program interface consisting of the set of rou=
tines utilized by the Skype Software to provide the Skype Software functi=
onality for a given platform or operating system, Skype API being include=
d in or linked to the Skype Software.
1.9 Skype Online Material: the Skype banner available for download on the=
 Skype Website, consisting of a Skype logo and a link to the Skype Websit=
e.
1.10 Skype Promotional Materials: any and all trademarks, names, signs, l=
ogos, banners, Skype Online Material and any other materials, in whatever=
 form, owned and/or used by Skype for the promotion of its company, its p=
roducts and activities.
1.11 Skype Software: the software distributed by Skype for internet telep=
hony applications, including without limitation the Skype API, UI and Doc=
umentation, as well as any future programming fixes, updates and upgrades=
 thereof.=20
1.12 Skype Staff: the officers, directors, employees and agents of Skype =
or its Affiliates, or any other persons hired by Skype or its Affiliates.=
  =20
1.13 Skype Website: any and all elements, contents and the =91look and fe=
el=92 of the website available =96 among other URL=92s - under the URL ww=
w.skype.com, from which website the Skype Software can be downloaded.
1.14 Terms of Service: means the agreement between Skype Communications S=
arl and You for the use of the VoIP service;
1.15 UI: the user interface of the Skype Software.
1.16 VoIP Service: means the payable services provided under the Terms of=
 Service
1.17 You: you, the end user of the Skype Software, also used in the form =
=93Your=94 where applicable.


Article 2	License and Restrictions

2.1 License. Subject to the terms of this Agreement, Skype hereby grants =
You a limited, personal, non-commercial, non-exclusive, non-sublicensable=
, non-assignable, free of charge license to download, install and use the=
 Skype Software on Your computer, phone or PDA for the sole purpose of pe=
rsonally using the internet telephony applications provided by Skype and =
any other applications that may be explicitly provided by Skype. For the =
avoidance of doubt, You are allowed to use Skype Software at work, in acc=
ordance with the terms of this Agreement.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, re=
nt, lease, distribute, export, import, act as an intermediary or provider=
, or otherwise grant rights to third parties with regard to the Skype Sof=
tware or any part thereof.
2.3 No Modifications. You will not undertake, cause, permit or authorize =
the modification, creation of derivative works, translation, reverse engi=
neering, decompiling, disassembling or hacking of the Skype Software or a=
ny part thereof.
2.4 Third Parties. You acknowledge and agree that the Skype Software may =
be incorporated into, and may incorporate itself, software and other tech=
nology owned and controlled by third parties. Any such third party softwa=
re or technology that is incorporated in the Skype Software falls under t=
he scope of this Agreement. Any and all other third party software or tec=
hnology that may be distributed together with the Skype Software will be =
subject to you explicitly accepting a license agreement with that third p=
arty. You acknowledge and agree that you will not enter into a contractua=
l relationship with Skype or its Affiliates regarding such third party so=
ftware or technology and you will look solely to the applicable third par=
ty and not to Skype or its Affiliates to enforce any of your rights.=20
2.5 New Versions of the Skype Software. Skype, in its sole discretion, re=
serves the right to add additional features or functions, or to provide p=
rogramming fixes, updates and upgrades, to the Skype Software. You acknow=
ledge and agree that Skype has no obligation to make available to You any=
 subsequent versions of the Skype Software. You also agree that you may h=
ave to enter into a renewed version of this Agreement, in the event you w=
ant to download, install or use a new version of the Skype Software. Furt=
hermore, You acknowledge and agree that Skype, in its sole discretion, ma=
y modify or discontinue or suspend Your ability to use any version of the=
 Skype Software, or terminate any license hereunder, at any time, with im=
mediate effect and without recourse to the courts. Skype also may suspend=
 or terminate any license hereunder and disable any Skype Software You ma=
y already have accessed or installed without prior notice at any time wit=
h immediate effect and without recourse to the courts. Skype will not acc=
ept any liability in relation to the direct or indirect damages caused by=
 (1) the release and/or the absence of release of new versions of the Sky=
pe Software and (2) by the suspension or termination of this Agreement by=
 Skype and/or by You.
2.6 Paid Services. This Agreement applies to downloading, installing and =
using the Skype Software, free of charge. The use of any paid services wh=
ich may be offered by Skype or its Affiliates, is subject to the addition=
al Terms of Service  that are published on the Skype Website.

Article 3	Definitions to License Restrictions and Additional Terms

3.1 Distribution of Skype Software.  You are not allowed to distribute th=
e Skype Software under this Agreement. For the right to distribute You wi=
ll have to agree to and meet with the Distribution Terms as published on =
the Skype Website.
3.2 Distribution of Skype API. Under this Agreement You are not allowed t=
o use the Skype API in connection with applications that You (or any thir=
d party) distribute or intend to distribute. If you wish to distribute Yo=
ur application, which uses Skype API, You will have to agree to and meet =
with the Skype API Terms of Use as published on the Skype Website.=20
3.3 Use of Skype API. You may make use of the Skype API, subject to licen=
se terms in Clause 2.1 and for the sole purpose of enabling Your applicat=
ion to connect with the Skype Software, provided that:
3.3.1 All such use of Skype API is carried out for legitimate purposes an=
d shall in no way and to no extent adversely affect the functionality or =
performance of the Skype Software or services provided by Skype;
3.3.2 You will not remove, overtake, hide or otherwise make the UI inacce=
ssible for end users;
3.3.3 You will monitor the Skype Website in order to ensure that You are =
aware of any changes in the applicable legal documents. In the event You =
cannot agree on any changes in any applicable legal document, You will im=
mediately cease any and all use of the Skype API and, where applicable, a=
ny and all use of the Skype Software; and
3.3.4 You acknowledge and agree that Your use of the Skype API will be at=
 Your own risk and account.
3.4 Any other Exceptions. If You are interested in doing anything else th=
an permitted under this Agreement or by the Distribution Terms or the Sky=
pe API Terms of Use, You will have to obtain Skype=92s previous written c=
onsent and explicitly agree upon any further (commercial) terms.=20
3.5 Skype Promotional Materials. Nothing in this Agreement will give You =
any right to use the Skype Promotional Materials.=20

Article 4	Utilization of Your computer

4.1 Utilization of Your computer. You hereby acknowledge that the Skype S=
oftware may utilize the processor and bandwidth of the computer (or other=
 applicable device) You are utilizing, for the limited purpose of facilit=
ating the communication between Skype Software users.
4.2 Protection of Your computer (resources). You understand that the Skyp=
e Software will use its commercially reasonable efforts to protect the pr=
ivacy and integrity of the computer resources (or other applicable device=
) You are utilizing and of Your communication, however, You acknowledge a=
nd agree that Skype cannot give any warranties in this respect.  =20


Article 5	Confidentiality and Privacy

5.1 Skype=92s Confidential Information. You agree to take all reasonable =
steps at all times to protect and maintain any confidential information r=
egarding Skype, its Affiliates, the Skype Staff, the Skype Software and t=
he IP Rights, strictly confidential.
5.2 Your Confidential Information and Your Privacy. Skype is committed to=
 respecting Your privacy and the confidentiality of Your personal data. T=
he =93Privacy Policy=94 http://www.skype.com/company/legal/privacy/privac=
y_general.html that is published on the Skype Website applies to the use =
of Your personal data, the traffic data as well as the content contained =
in Your communication(s). We do not sell or rent Your personal informatio=
n to third parties for their marketing purposes without Your explicit con=
sent and we use Your information only as described in the Privacy Policy.=
 We store and process Your information on computers that may be located o=
utside Your country that are protected by physical as well as technologic=
al security devices. You can access and modify the information You provid=
e in accordance with the Privacy Policy. If You object to Your informatio=
n being transferred or used in this way please do not use our services.


Article 6	IP Rights and Translations

6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Ri=
ghts to or arising from the Skype Software are and shall remain the exclu=
sive property of Skype and/or its licensors. Nothing in this Agreement in=
tends to transfer any such IP Rights to, or to vest any such IP Rights in=
, You. You are only entitled to the limited use of the IP Rights granted =
to You in this Agreement. You will not take any action to jeopardize, lim=
it or interfere with the IP Rights. You acknowledge and agree that any un=
authorized use of the IP Rights is a violation of this Agreement as well =
as a violation of intellectual property laws, including without limitatio=
n copyright laws and trademark laws. You acknowledge and understand that =
all title and IP Rights in and to any third party content that is not con=
tained in the Skype Software, but may be accessed through use of the Skyp=
e Software, is the property of the respective content owners and may be p=
rotected by applicable copyright or other intellectual property laws and =
treaties.
6.2 With the exception of IP Rights of Skype and/or its licensors in Skyp=
e Software (including the Skype API), You retain the intellectual propert=
y rights You may have in the applications, materials, products or process=
es You create which are based on or utilize the Skype API. You hereby rel=
ease and covenant not to hold liable Skype or its Affiliates, or any of t=
heir licensees, assigns or successors, for any and all damages, liabiliti=
es, causes of action, judgments or claims (a) pertaining to any intellect=
ual property You develop that is based on, uses, or relates to the Skype =
API; and (b) which otherwise may arise in connection with Your use of, re=
liance on, or reference to the Skype API. As between You and Skype, Skype=
 and its licensors retain the IP Rights in and to the Skype Software (inc=
luding the Skype API) and any derivative works thereto created by or for =
Skype or its licensors.
6.3 No Removal of Notices. You agree that You will not remove, obscure, m=
ake illegible or alter any notices or indications of the IP Rights and/or=
 Skype=92s rights and ownership thereof, whether such notice or indicatio=
ns are affixed on, contained in or otherwise connected to such materials.=

6.4 Translations. You acknowledge and agree that the intellectual propert=
y rights regarding any translations made by You of any information on or =
accessible through the Skype Website or as otherwise requested of You by =
Skype at any time prior to or subsequent of the Effective Date will be an=
d remain the sole and exclusive property of Skype without any compensatio=
n to You.=20


Article 7	Communication and Your Use of the Skype Software

7.1	Communication. Installing Skype Software enables You to communicate w=
ith other Skype Software users.=20
7.2	No Warranties. Skype cannot guarantee that You will always be able to=
 communicate with other Skype Software users, nor can Skype guarantee tha=
t You can communicate without disruptions, delays or communication-relate=
d flaws or that all Your communication shall always be delivered to other=
 Skype Software users. Skype will not be liable for any such disruptions,=
 delays or other omissions in any communication experienced when using Sk=
ype Software.
7.3	No Responsibility of Content. You acknowledge and understand that the=
 content of the communication spread by the use of the Skype Software is =
entirely the responsibility of the person from whom such content originat=
ed. You, therefore, may be exposed to content that is offensive, harmful =
to minors, indecent or otherwise objectionable. Skype will not be liable =
for any type of communication spread by means of the Skype Software.=20
7.4	No Emergency Services. You expressly agree and understand that the Sk=
ype Software is not intended to support or carry emergency calls to any t=
ype of hospital, law enforcement agency, medical care unit or any other k=
ind of Emergency Service. Skype, its Affiliates or Skype Staff are in no =
way liable for such emergency calls.
7.4.1 Alternative Arrangements. By agreeing to this Agreement You underst=
and that additional arrangements must be made to access Emergency Service=
s.  To access Emergency Services, You acknowledge and accept Your respons=
ibility to purchase, separately from Skype Software, traditional wireless=
 or wireline telephone service that offers access to Emergency Services.
7.4.2 No Compulsion to Offer Emergency Services. You recognize and agree =
that Skype is not required to offer Emergency Services pursuant to any ap=
plicable local and or national rules, regulation or law.  You further rec=
ognize that Skype is not a replacement for Your primary telephone service=
=2E
7.5	Lawful purposes. You acknowledge and agree to use the Skype Software =
solely for lawful purposes. In this respect You may not, without limitati=
on (a) intercept or monitor, damage or modify any communication which is =
not intended for You, (b) use any type of spider, virus, worm, trojan-hor=
se, time bomb or any other codes or instructions that are designed to dis=
tort, delete, damage or disassemble the Skype Software or the communicati=
on, (c) send any unsolicited commercial communication not permitted by ap=
plicable law, or (d) expose any other user to material which is offensive=
, harmful to minors, indecent or otherwise objectionable.


Article 8	Term and (Consequences of) Termination

8.1 Term. This Agreement will be effective as of the Effective Date and w=
ill remain effective until terminated by either Skype or You as set forth=
 below.
8.2 Termination by Skype. Skype may terminate this Agreement with immedia=
te effect at any time, with or without cause and without recourse to cour=
ts, by providing notice to You and/or by preventing Your access to the Sk=
ype Software, as set forth in Article 2.5 above.
8.3 Termination by You. You may terminate this Agreement with immediate e=
ffect at any time, with or without cause and without recourse to the cour=
ts, provided that You will meet with the conditions as set forth in Artic=
le 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You =
(a) acknowledge and agree that all licenses and rights to use the Skype S=
oftware shall terminate, and (b) will cease any and all use of the Skype =
Software, and (c) will remove the Skype Software from all hard drives, ne=
tworks and other storage media and destroy all copies of the Skype Softwa=
re in Your possession or under Your control.
8.5	No liability. Skype will not be liable in relation to any damage caus=
ed by the termination of this Agreement.


Article 9	Your Representations and Warranties; Indemnification of Skype

9.1 Representations. You represent and warrant that You are authorized to=
 enter into this Agreement and comply with its terms. Furthermore, You re=
present and warrant that You will at any and all times meet with Your obl=
igations hereunder, as well as any and all laws, regulations and policies=
 that may apply to the use of the Skype Software.
9.2 Indemnification. You agree to indemnify, defend and hold Skype, Affil=
iates and the Skype Staff harmless from and against any and all liability=
 and costs, including reasonable attorneys=92 fees incurred by said parti=
es, in connection with or arising out of Your (a) violation or breach of =
any term of this Agreement or any applicable law or regulation, whether o=
r not referenced herein, or (b) violation of any rights of any third part=
y, or (c) use or misuse of the Skype Software, or (d) use and/or modifica=
tion of the Skype API or (e) communication spread by means of the Skype S=
oftware.
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 n=
ot limited to, Skype Software S.A., Skype Technologies, S.A., and Skype C=
ommunications Sarl) intend to fully comply with all applicable U.S. feder=
al tax rules and regulations as provided by the Internal Revenue Code of =
1986 (the =93Code=94) and the Treasury Regulations promulgated thereunder=
=2E  Skype, Inc. (Skype=92s U.S.-based affiliate) has been appointed to a=
ssist 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 So=
ftware, VoIP Service and/or Skype API. You hereby agree to appoint Skype,=
 Inc. as Your withholding agent for purposes of the withholding provision=
s 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.  You=
r agreement does not modify in any way Your defenses provided under U.S. =
tax law to avoid tax for any payments made to Skype=92s non-US entities. =
If You would like any information with respect to Your rights and obligat=
ions concerning any and all potential U.S. federal income tax liability a=
nd/or reporting responsibilities or if You wish to receive additional inf=
ormation (including applicable Forms W-8BEN (=93Certificate of Foreign St=
atus of Beneficial Owner for United States Withholding=94), You may conta=
ct Skype at taxation@skype.net.
9.4 Export Restrictions.=A0 You acknowledge that the Skype Software may b=
e subject to international rules that govern the export of software.=A0Yo=
u agree to comply with all applicable international and national laws tha=
t apply to the Skype Software as well as end-user, end-use and destinatio=
n restrictions issued by national governments.=A0   =20


Article 10	Disclaimer of Warranties

10.1 No warranties. THE SKYPE SOFTWARE IS PROVIDED =93AS IS=94, WITH NO W=
ARRANTIES WHATSOEVER; SKYPE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUT=
ORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE S=
KYPE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERF=
ORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTI=
CULAR PURPOSE. SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SKYPE=
 SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SE=
CURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LO=
SS, NOR DOES SKYPE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INT=
ERNET, 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. N=
either Skype nor its officers or employees may be held liable for any cla=
im, damage, or loss, and You hereby waive any and all such claims or caus=
es of action, arising from or relating to the use of Skype Software to co=
ntact Emergency Services personnel. You shall defend, indemnify, and hold=
 harmless Skype, Skype Staff and Affiliates and agents and any other serv=
ice provider who furnishes services to You in connection with the Skype S=
oftware, from any and all claims, losses, damages, fines, penalties, cost=
s and expenses (including, without limitation, attorneys fees) by, or on =
behalf of, You relating to the absence, failure or outage of Skype Softwa=
re provided hereunder, including specifically any claims arising out of t=
he failure of Skype to offer Emergency Services.=20
10.3 Your own Risk. You acknowledge and agree that the entire risk arisin=
g out of the use or performance of the Skype Software remains with You, t=
o the maximum extent permitted by law.
10.4 Jurisdiction=92s Limitations. As some jurisdictions do not allow som=
e of the exclusions or limitations as set forth above, some of these excl=
usions or limitations may not apply to You. In such event the liability w=
ill be limited as far as legally possible under the applicable legislatio=
n.


Article 11	Limitation of Liability

11.1 No Liability. The Skype Software is being provided to You free of ch=
arge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SKYPE, ITS AFFILIATES A=
ND THE SKYPE STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING F=
ROM YOUR USE OF THE SKYPE SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability. IN NO EVENT SHALL SKYPE, ITS AFFILIATES OR =
THE SKYPE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING=
 NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY I=
NDIRECT, 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 POS=
SIBILITY OF SUCH DAMAGES.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DI=
SSATISFACTION WITH THE SKYPE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SU=
CH SKYPE SOFTWARE.
11.4 Jurisdiction=92s Limitations. As some jurisdictions do not allow som=
e of the exclusions or limitations as set forth above, some of these excl=
usions or limitations may not apply to You. In such event, the liability =
will be limited as far as legally possible under the applicable legislati=
on.


Article 12	General Provisions

12.1 New versions of the Agreement. Skype reserves the right to modify th=
is Agreement at any time by providing such revised Agreement to You or by=
 publishing the revised Agreement on the Skype Website. Your continued us=
e of the Skype Software shall constitute Your acceptance to be bound by t=
he terms and conditions of the revised Agreement. You acknowledge that th=
e Agreement is subject to changes by Skype from time to time and You agre=
e to review periodically the latest version of the Agreement at www.skype=
=2Ecom/company/legal/eula/index.html .=20
12.2 Entire Agreement. The terms and conditions of this Agreement constit=
ute the entire agreement between You and Skype with respect to the subjec=
t matter hereof and will supersede and replace all prior understandings a=
nd agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed in=
valid, void or unenforceable either in its entirety or in a particular ap=
plication, the remainder of this Agreement shall nonetheless remain in fu=
ll force and effect.
12.4 No waiver. The failure of Skype at any time or times to require perf=
ormance of any provisions hereof shall in no manner affect its right at a=
 later time to enforce the same unless the same is explicitly waived in w=
riting and signed by Skype.
12.5 No Assignment by You. You are not allowed to assign this Agreement o=
r any rights hereunder.
12.6 Assignment by Skype. Skype is allowed to at its sole discretion assi=
gn this Agreement or any rights hereunder to any Affiliate, without givin=
g prior notice.
12.7 Applicable Law. This Agreement shall be governed by and construed in=
 accordance with the laws of Luxembourg without giving effect to any conf=
lict of laws provisions.
12.8 Competent Court. Any legal proceedings arising out of or relating to=
 this Agreement will be subject to the jurisdiction of the courts of the =
district of Luxembourg.
12.9 Language. The original English version of this Agreement may have be=
en translated into other languages. In the event of inconsistency or disc=
repancy between the English version and any other language version of thi=
s Agreement, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAN=
D THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLIC=
KING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SKYPE SOFTWARE=
, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT=
 TO SKYPE THE RIGHTS SET FORTH HEREIN.

=A9 Skype =96 Last revised: December 15, 2005.    =20




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