End User License Agreement for
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
THIS APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.
BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS.
Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using AT&T Connect® (“Application”). As used herein, “Application” includes, without limitation, any services specific to the Application (excluding, however, Your applicable wireless service plan), software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. These terms are an agreement between You and AT&T Corp. and its affiliates (individually and collectively, “AT&T”). “You”, “Your” and “Licensee” in this License refer to you, an individual, and/or to the company or other legal entity on whose behalf you accept this License.
Your purchase and use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi), including without limitation those terms listed in the “Third Party Terms” section of this License, collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or Your obligations under any Related Agreement between You and AT&T, or waiving any restrictions on Your rights under any Related Agreement between You and AT&T. You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.
If AT&T makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
1. THE APPLICATION.
The Application is client software that allows a user to actively join and participate in an AT&T Connect® web conference Event from various Internet-connected devices, including, without limitation, fixed, portable and wireless computing and telecommunication devices, when invited to do so by the Registered User hosting the Event. The term “Application” refers to and consists of the following: (i) the software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific AT&T website the Application directs You to via any browser located on Your device.
Where applicable, Application also includes AT&T Telepresence Solution and the AT&T Connect participant software, or any associated applications, including plug-ins, that are available from AT&T for use with or in connection with AT&T Connect web conferencing or AT&T Telepresence Solution. When installed by a qualified AT&T Telepresence Solution® customer or user, the Application includes client software that allows a user to schedule AT&T Telepresence Solution telepresence meetings using various types of computer terminals, including without limiting the forgoing, desktop computers, laptops, netbooks, or by using a variety of Internet-connected devices, including, without limitation, fixed, portable and wireless computing and telecommunication devices, or to respond to an invitation posted to a groupware program (such as Microsoft® Outlook® or IBM Lotus Notes®) when invited to do so by another user hosting a telepresence meeting using the AT&T Business Exchange. As used in this License, the Application means the software applications, and related files and documents, associated with AT&T Connect web conferencing or, where applicable, AT&T Telepresence Solution. This includes the AT&T Connect participant software, or any associated applications, including plug-ins, that are available from AT&T for use with or in connection with AT&T Connect web conferencing or AT&T Telepresence Solution. Your ability to participate in an Event and/or use any functionalities and features may be affected by the device used, the AT&T Connect client software version installed on Your device, Your device operating system software release version, Your Internet connection and Your wireless service. Further information about AT&T Connect® may be found at Teleconferencing Service Guide. Further information about AT&T Telepresence Solution may be found at the AT&T Telepresence Solution Service Guide. (Where the term “Service Guide” is used in this EULA, the reference shall be interpreted as referring to the service guide for the service being described as indicated by the context of the reference.) Capitalized terms used but not defined in this License shall have the meaning given them in the Service Guide.
Use of the Application to attend an AT&T Connect® Event or AT&T Telepresence Solution meeting may result in charges and fees assessed by AT&T for other Services, by Your Internet service provider or by Your wireless service provider. Consult Your Internet service provider and Your wireless service provider for the terms, conditions, capabilities, charges and fees for Your Internet service and Your wireless service.
1.1 Consent to Use Location Information: This Application accesses and uses Your personally identifiable location information (“Your Location Information”) in order to provide you with the caller paid access number for the location from which you may be entering an event. By using this Application, You agree that AT&T may collect and use Your Location Information for such purpose.
1.2 Consent to Disclose Personal Information: This Application may disclose or allow the disclosure to third parties of Your personal information, including without limitation Your name, email address, Event Registration information and conference participation information for purposes of Event scheduling, reminders and reports. By using the Application, You consent to any applicable disclosure of Your personal information by the Application.
1.3 International Limitations: The Application may not be downloaded in, and Users may not initiate calls from, any countries that the United States has an embargo against as well as the following countries: Algeria, Bahrain, Egypt, Kenya, Kuwait, Morocco, Pakistan, Qatar, Saudi Arabia, and Turkey. You agree to indemnify AT&T for and against any claim or liability that arises out of or relates to Your or a User's downloading or use of the Service in any of the above countries. AT&T may suspend or terminate service immediately if directed to do so by a regulatory authority.
2. LICENSE GRANT AND USE RESTRICTIONS.
2.1 License Grant. Subject to the restrictions set forth in Section 2.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device solely for Your personal use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind.
2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. You agree to abide by the rules and policies established from time to time by AT&T. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.
2.3 The Application is intended to transmit live dialog between two individuals. It may not be used for (i) monitoring services; (ii) data transmissions other than faxes and voicemails sent as email attachments; (iii) transmission of broadcasts; (iv) transmission of recorded material other than audio files associated with the voicemail to email functionality; or (v) other connections that do not consist of primarily uninterrupted live dialog between two individuals. If AT&T determines that You are using the Service for other than live dialog between two individuals or the permitted purposes above, AT&T, its licensors, and suppliers may, in its sole discretion, terminate Your Service. In addition, if AT&T has reason to believe that a User is using AT&T Connect in violation of the AT&T Acceptable Use Policy found at att.com/aup, AT&T may, in its sole discretion, terminate service with or without notice.
2.4 Content. AT&T is not responsible for any content that You transmit, store, record or play using the Application. Your content shall not violate the AUP.
2.5 Recordings and Privacy. The Application when used with an AT&T Connect® Event includes a recording feature which can be enabled by Customer or participant to record or allow the recording of web conferences for storage and future playback. The laws of some jurisdictions require notice and consent of one or more, and in some cases all, participants prior to recording, monitoring, storing or intercepting communications. Customer is responsible for complying with such laws, including providing necessary notices and obtaining required consent, prior to enabling or using the record features. Additionally, the Application includes features that allow for the identification and collection of participant identity. Customer will comply with all applicable privacy laws, including those regarding the capture and utilization of identifying information and those regarding the monitoring or interception of communications.
2.6 Personal Data. Personal data that You or Users provide or make accessible, directly or indirectly, to AT&T ("Customer Personal Data") may be transferred to or accessible by (i) AT&T personnel around the world in accordance with the applicable data protection laws and rules on the intra- and international transfer of personal data (the "Data Protection Rules"); (ii) third parties who process personal data on AT&T's behalf as data processors and who AT&T contractually binds to protect Customer Personal Data in accordance with the Data Protection Rules; and (iii) third parties (such as courts, law enforcement or regulatory authorities) where required by law. AT&T may monitor electronic transmissions across its network to maintain compliance with its legal and regulatory obligations and its internal policies. Customer will only make accessible or provide Customer Personal Data when it has the legal authority to do so and for which it has obtained the necessary consents and will camouflage or securely encrypt Customer Personal Data so long as such encryption is compatible with the applicable Service. AT&T may at times process Customer Personal Data as a commissioned "data processor," as that term is defined by applicable law; AT&T will do so in accordance with this Agreement and in accordance with any additional Customer written instructions that may not be inconsistent with this agreement, provided that Customer will reimburse AT&T for any additional cost associated with such additional written instructions.
2.7 Persistent Cookies. During the conference entry/launch sequence, your web browser interacts with the Applications’ Conference Admittance server using the following persistent cookies: User Identification: A persistent cookie that holds the user’s First Name, Last Name, and E-Mail address. Use of this cookie is optional: a user can click or unclick a “Remember Me” checkbox on the Conference Join web page; however, storing these values saves the user the trouble of having to re-enter them each time the user joins an AT&T Connect web conference; and User Authentication: A persistent cookie (encrypted) that holds the user’s AT&T Connect account userid and password, is used to authenticate the user as the host/initiator/owner of a conference. Use of this cookie is optional: a user can click or unclick a “remember Me” checkbox on the host authentication web page; however, storing these values saves the host the trouble of having to re-enter them each time the user needs to authenticate.
3. INTELLECTUAL PROPERTY RIGHTS.
3.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. Title to the Application shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.
3.2 AT&T Marks. You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T: “AT&T” “AT&T Connect®” (the “AT&T Marks”). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason. These obligations survive termination of this License.
3.3 Third Party Software. The Application may incorporate, utilize, access or include software that is not written by AT&T, but instead, provided by Third Parties and that is subject to open source and third party license terms (“Third Party Software”). The license terms associated with any Third Party Software requires that AT&T acknowledge those third parties and the license terms. You acknowledge and agree that Your use of the Application and Your right to use such Third Party Software as part of the Application is subject to and is governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (“Third Party Software Notices”), and including all posted changes to Third Party Software Notices which can be found at http://www.corp.att.com/attconnectsupport/downloads/licensing/thirdparty.html (generally found in the "About" option in the Software). In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses will control with regard to Your use of the relevant Third Party Software. In no event will the Service, Software or Application or components thereof be deemed to be “open source” or “publicly available” software. You agree that Your use of the Software is subject to the terms of all Third Party Software Notices, including any posted changes to these terms.
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES. [
4.1 General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”).
4.2 Disclaimer. You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services. AT&T and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices. AT&T encourages You to review the third parties’ privacy policies.
4.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that AT&T and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.
4.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T of such Third Party Content and Services. AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although AT&T has no obligation to restrict or deny access even if requested by You.
4.5 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that AT&T and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
5. User-Submitted Content.
5.1 The Application may contain features that allow You to submit, post or display content through the Application. You may not use or allow others to use the Application, directly or indirectly through Your Device or wireless number, nor upload, distribute, transmit, communicate, link to, public or access any data, information or material through, using or otherwise in connection with the Application, that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; or (c) infringes any copyright, trademark or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. This means that You, and not AT&T or its collaborators, suppliers, or licensors, are entirely responsible for all content that You provide via the Application. AT&T reserves the right to filter, edit, or control the user-submitted content posted via the Application and does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will AT&T or its collaborators, suppliers, or licensors be liable in any way for any user-submitted content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via the Application.
5.2 Unless otherwise provided in the Agreement between AT&T and the Entity through whom you have obtained your access to this Application, , if You provide content through the Application (“User Submission”), You grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You. You also hereby waive any moral rights in Your User Submission. AT&T is under no obligation to post or use any User Submission You may provide and AT&T may remove Your User Submission at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein. The foregoing provision does not apply to content shared through use of the Application.
6. TERM AND TERMINATION.
6.1 This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. AT&T may, without notice to You, disable the Application. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.
6.2 Fraud. The Application may not be used for fraudulent purposes. AT&T, its licensors and suppliers reserve the right to block inbound or outbound calls based upon its or their internal fraud prevention algorithms. In the event that calls are blocked for fraud prevention reasons, AT&T, its licensors and suppliers reserve the right to discontinue the Service without notice, and release Your Number to the national database of available numbers. The determination of whether calls are potentially fraudulent is at AT&T's, its licensors' and suppliers' sole discretion, based upon internal fraud control algorithms and other factors.
7. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. you acknowledge that the Application IS not intended or suitable for use in situations or environments where the PERFORMANCE OF, USE OR misuse of, failure of, or errors or inaccuracies in the content, data or information provided by, the Application could lead to death, personal injury, or severe physical, property, or environmental damage. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT warrant that the Application will be compatible or interoperable with your DEVICE or any other piece of hardware, software, equipment or device installed on or used in connection with your DEVICE. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your DEVICE to diminish or fail completely, and may result in permanent damage to your DEVICE, loss of the data located on your DEVICE, and corruption of the software and files located on your DEVICE. you acknowledge and agree that AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, shall have no liability to you for any losses suffered, resulting from or arising in connection with compatibility or interoperability problems. Should the Application prove defective, you assume the entire burden of all necessary expenses, servicing, repair, or correction. THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
8. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR accidents, property damage, personal injury, death, or FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.
INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the Application. These obligations survive termination of this License.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME.
10. MISCELLANEOUS. The following provisions survive termination of this License:
10.1 Governing Law, Limitation on Actions. This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to the Application or Your use of the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.
Contact Information. Please direct any questions, complaints or claims related to this License or Your use of the Application to the following:
One AT&T Way
Bedminster, NJ 07921-0752
Attn: AT&T Connect Product Management Team 4B129B
Email: End User License Comment
10.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
10.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
10.4 Jurisdictional Issues, Export Control. This Application is intended for use within the United States of America. AT&T makes no representation that this Application is appropriate or available for use in other locations. If You choose to access or use the Application from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Application from jurisdictions in which the Application, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
10.5 U.S. Government Restricted Rights. The Application was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.
10.6 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the Application to any third party without AT&T’s prior written approval.
10.7 Modification or Amendment. AT&T may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available at http://www.corp.att.com/attconnectsupport/You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is made available through the referenced website.
10.8 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
10.9 Third Party Beneficiaries. Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
10.10 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. AT&T may assign this License without restriction.
10.11 Copyright Complaints. AT&T respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T’s Copyright Agent the following written information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that You claim has been infringed upon;
· A specific description of where the material that You claim is infringing is located;
· Your address, telephone number, and e-mail address;
· A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:
Manager of Security & Copyright Infringement, 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560; Phone: (919) 319-5737; Fax: (919) 319-8154; E-mail: email@example.com.
For more information about AT&T’s copyright protection practices under the DMCA and for information on how to contact AT&T’s DMCA agent, please refer to www.att.net/general-info/claims.html.
10.12 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
Third Party Terms. The below Third Party Terms are incorporated herein and made part of this License: Apple, RIM, Microsoft
APPLE: Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at www.apple.com/legal/itunes/appstore/us/terms.html. If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and AT&T acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
BLACKBERRY: If Your Device is manufactured by Blackberry (formerly, Research in Motion Ltd.) or if You obtain the downloadable Application through the BlackBerry App World, You acknowledge and agree that Blackberry and any merchant of record (“MoR”) that made this Application available to You within the BlackBerry App World are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, both Blackberry and any MoR will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.
MICROSOFT: If You purchase or download the Application from the Windows Phone Marketplace, subject to all other provisions of this License: (a) notwithstanding paragraph 2.2(f) and (g), You may install and use one copy of the Application on up to five (5) mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the Application on a device You do not own or control. (b) You acknowledge and agree that neither Microsoft, nor the manufacturer of Your Device(s) shall have any responsibility to provide to You any maintenance or support services in connection with Your use of the Application. (c) SUBJECT TO AND WITHOUT LIMITING THE GENERALITY OF SECTION 8, MICROSOFT’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION.