Question: Consider the Co-Branding Agreement between Skype Communications, Skype Technologies, TOM Online (BVI) Limited, TOM Online Inc., and Tel-Online Limited; Is there a non-compete clause in this contract?
Relevant contract clauses:
[{"span": [71593, 72923], "answer": "Each Party agrees that, for a period of five years (\"Non-Competition Period\") from the Effective Date (\"End Date\"), no Party, nor any of their respective Affiliates, will enter into an agreement with any third party, or otherwise carry on any business, directly or indirectly, which is focused on, and targets, primarily Consumers within the PRC, and (i) in the case of Skype and Skype Holding, which provides for a co-branded Internet-based application in simplified Chinese similar in functionality and features as the Company-Skype Branded Application (as may be updated or upgraded from time to time) (and for the avoidance of doubt, a co-branded Internet-based application in simplified Chinese shall be similar in functionality and features as the Company-Skype Branded Application only in the event such application is a customized co-branded version of the Skype Software having one or more functionality or features contained in the Company-Skype Branded Application), or provides for distribution in the PRC of the Skype Software in simplified Chinese by a Primarily PRC Based Service Provider; and (ii) in the case of Online BVI, Tom Holding and the Company, which provides for any voice over internet protocol and/or instant messaging products or services that compete or are likely to compete with the Skype Software.", "file_path": "cuad/TomOnlineInc_20060501_20-F_EX-4.46_749700_EX-4.46_Co-Branding Agreement.txt"}, {"span": [72931, 74187], "answer": "Each Party agrees that, from the Effective Date and through the three (3) month period (\"Enterprise Non-Competition Period\") immediately following the date (\"Enterprise Launch Date\") that Skype launches an enterprise version of the Skype Software primarily targeted for non-Consumer customers (\"Enterprise Skype Software\"), no Party, nor any of their respective Subsidiaries, will (i) discuss, negotiate or enter into (whether verbal or in writing) with any third Person or other third party (\"Other Party\") any understanding, arrangement, or memorandum of understanding, letter of intent, agreement or any other documents (whether or not legally binding); and/or (ii) voluntarily accept or solicit any offer made by any Other Party in respect of or in relation to, (a) in the case of Skype, an enterprise co-branded Internet-based application in simplified Chinese that is focused on, and targeted primarily at, non-Consumers within the PRC, and that is substantially similar in functionality and features as the Enterprise Skype Software, and (b) in the case of Online BVI, Tom Holding and the Company, any voice over internet protocol and/or instant messaging products or services that compete or are likely to compete with the Enterprise Skype Software", "file_path": "cuad/TomOnlineInc_20060501_20-F_EX-4.46_749700_EX-4.46_Co-Branding Agreement.txt"}, {"span": [76612, 76907], "answer": "Notwithstanding any portion of the foregoing to the contrary, the Non-Competition Period shall terminate prior to the End Date, and for the avoidance of doubt, no party shall be obligated to comply with the restrictions set out in Section 8.1 after the termination of the Non-Competition Period:", "file_path": "cuad/TomOnlineInc_20060501_20-F_EX-4.46_749700_EX-4.46_Co-Branding Agreement.txt"}]