Sony COM-1 Operating Instructions - Page 230

Table of Contents Index 230 Additional Information...Skype End User License 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.