Subject: Re: [ccc07] Punto della situazione Pulman (flame PM10)
From: ascii <[email-masked]>
To: Italian Village al CCC 07 <[email-masked]>
Cc: [email-masked], [email-masked], [email-masked], [email-masked]
Date: Wed, 04 Jul 2007 23:59:12 +0200

i'm so sorry, this sucks

			but has to be done
_______________________________________________
ccc07 mailing list
[email-masked]
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 “provider”) and Penetration Testing Services buyer
(hereinafter referred to as the “client”) for the supply of
Penetration Testing services by the provider for the client.

DICHIARAZIONE DI MANLEVA

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

Data _____ Firma _____

$ curl -ki -d
"ID=4&url=%uFF07;r'\"ad%2527%2522l&charset=asfcii&title=2qwewerrd&excerpt=qweasd&blog_name=asd"
"http://blogs.securi****.com/wp-trackback.php"

<br />
<b>Warning</b>:  mb_convert_encoding() [<a
href='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  ================================       65.542%
<saidone> cazzo =============                          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=1+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=7f887dc0 ebx=7fb07d80 ecx=75cf188a edx=00000000 esi=00000000
edi=00000000
eip=6dcf1920 esp=0012f900 ebp=0012f9b8 iopl=0         nv up ei pl zr na
pe nc
cs=001b  ss=0023  ds=0023  es=0023  fs=003b  gs=0000
efl=00000246
*** 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=????

(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
------------------------------------------------------------------------
.section .text
.global 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=142
channel 1: perform recalibrate commandhptmv: Retry on channel(1)
IAL: COMPLETION ERROR, adapter 0, channel 0, flags=101
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
[email-masked]
http://lists.softwarelibero.it/www.youtube.com/watch?v=cmW_4R81jVU

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

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

Thank you
Skype End User License Agreement

IMPORTANT – 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 agree that the Skype Software does not and does not intend to support or carry 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 Agreement by clicking on the ACCEPT button in order to install and use the Skype Software. You hereby agree and acknowledge that this Agreement covers all Your use of Skype Software, whether it be from this installation or from any other terminals where Skype Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the Skype 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 designated by Skype to show Your approval of any foregoing texts and/or to download and install the Skype Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Skype Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Skype Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this Agreement and You may not download, install or use the Skype Software. By entering into this Agreement You explicitly 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, singular 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, Skype. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified 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 applicable local and or national regulatory requirements. 
1.4 Documentation: any online or otherwise enclosed documentation provided by Skype.
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Skype Software, the Documentation, 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 Luxembourg, Luxembourg, reg.no (B100467), VAT no. (LU20180239).
1.8 Skype API: application program interface consisting of the set of routines utilized by the Skype Software to provide the Skype Software functionality for a given platform or operating system, Skype API being included 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 Website.
1.10 Skype Promotional Materials: any and all trademarks, names, signs, logos, banners, Skype Online Material and any other materials, in whatever form, owned and/or used by Skype for the promotion of its company, its products and activities.
1.11 Skype Software: the software distributed by Skype for internet telephony applications, including without limitation the Skype API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof. 
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.   
1.13 Skype Website: any and all elements, contents and the ‘look and feel’ of the website available – among other URL’s - under the URL www.skype.com, from which website the Skype Software can be downloaded.
1.14 Terms of Service: means the agreement between Skype Communications Sarl 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 “Your” 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 personally 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 accordance with the terms of this Agreement.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Skype Software or any part thereof.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Skype Software or any 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 technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Skype Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Skype Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with Skype or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Skype or its Affiliates to enforce any of your rights. 
2.5 New Versions of the Skype Software. Skype, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Skype Software. You acknowledge 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 have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Skype Software. Furthermore, You acknowledge and agree that Skype, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the Skype Software, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts. Skype also may suspend or terminate any license hereunder and disable any Skype Software You may already have accessed or installed without prior notice at any time with immediate effect and without recourse to the courts. Skype will not accept 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 Skype 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 which may be offered by Skype or its Affiliates, is subject to the additional 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 the Skype Software under this Agreement. For the right to distribute You will 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 to use the Skype API in connection with applications that You (or any third party) distribute or intend to distribute. If you wish to distribute Your 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. 
3.3 Use of Skype API. You may make use of the Skype API, subject to license terms in Clause 2.1 and for the sole purpose of enabling Your application to connect with the Skype Software, provided that:
3.3.1 All such use of Skype API is carried out for legitimate purposes and 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 inaccessible 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 immediately cease any and all use of the Skype API and, where applicable, any 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 than permitted under this Agreement or by the Distribution Terms or the Skype API Terms of Use, You will have to obtain Skype’s previous written consent and explicitly agree upon any further (commercial) terms. 
3.5 Skype Promotional Materials. Nothing in this Agreement will give You any right to use the Skype Promotional Materials. 

Article 4	Utilization of Your computer

4.1 Utilization of Your computer. You hereby acknowledge that the Skype Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between Skype Software users.
4.2 Protection of Your computer (resources). You understand that the Skype Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however, You acknowledge and agree that Skype cannot give any warranties in this respect.   

Article 5	Confidentiality and Privacy

5.1 Skype’s Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Skype, its Affiliates, the Skype Staff, the Skype Software and the 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. The “Privacy Policy” http://www.skype.com/company/legal/privacy/privacy_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 information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information 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 Rights to or arising from the Skype Software are and shall remain the exclusive property of Skype and/or its licensors. Nothing in this Agreement intends 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, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation 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 contained in the Skype Software, but may be accessed through use of the Skype Software, is the property of the respective content owners and may be protected 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 Skype Software (including the Skype API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the Skype API. You hereby release and covenant not to hold liable Skype or its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual 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, reliance 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 (including 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, make illegible or alter any notices or indications of the IP Rights and/or Skype’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
6.4 Translations. You acknowledge and agree that the intellectual property 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 and remain the sole and exclusive property of Skype without any compensation to You. 

Article 7	Communication and Your Use of the Skype Software

7.1	Communication. Installing Skype Software enables You to communicate with other Skype Software users. 
7.2	No Warranties. Skype cannot guarantee that You will always be able to communicate with other Skype Software users, nor can Skype guarantee that You can communicate without disruptions, delays or communication-related 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 Skype 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 originated. 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. 
7.4	No Emergency Services. You expressly agree and understand that the Skype Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind 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 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 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 applicable local and or national rules, regulation or law.  You further recognize that Skype is not a replacement for Your primary telephone service.
7.5	Lawful purposes. You acknowledge and agree to use the Skype Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Skype Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable 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 will remain effective until terminated by either Skype or You as set forth below.
8.2 Termination by Skype. Skype may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to courts, by providing notice to You and/or by preventing Your access to the Skype Software, as set forth in Article 2.5 above.
8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 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 Software 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, networks and other storage media and destroy all copies of the Skype Software in Your possession or under Your control.
8.5	No liability. Skype will not be liable in relation to any damage caused 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 represent and warrant that You will at any and all times meet with Your obligations 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, 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 Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Skype Software, or (d) use and/or modification of the Skype API or (e) communication spread by means of the Skype Software.
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., Skype Technologies, S.A., and Skype Communications Sarl) 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-masked].
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 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.

Article 11	Limitation of Liability

11.1 No Liability. The Skype Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SKYPE, ITS AFFILIATES 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 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.

Article 12	General Provisions

12.1 New versions of the Agreement. Skype reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Skype Website. Your continued use of the Skype Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You acknowledge that the Agreement is subject to changes by Skype from time to time and You agree to review periodically the latest version of the Agreement at www.skype.com/company/legal/eula/index.html . 
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Skype with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of Skype at any time or times to require performance 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 writing and signed by Skype.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by Skype. Skype is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving 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 conflict 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 been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING 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.

© Skype – Last revised: December 15, 2005.