End User License Agreement For AT&T Connect® Application
FOR PURPOSES OF THIS LICENSE, “AT&T” MEANS AT&T CORP. OR THOSE OF ITS SUBSIDIARIES OR AFFILIATES THAT OWN, HAVE ANY INTEREST IN OR HAVE THE RIGHT TO LICENSE THE APPLICATION. “YOU” OR “YOUR” MEANS THE PERSON OR ENTITY THAT CLICKS THE “ACCEPT” BUTTON OR DOWNLOADS OR USES THE APPLICATION, AND ITS EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES AND AGENTS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.
- 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. 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.
- 2. General. The Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. 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.
- 3. Ownership and Restrictions: AT&T remains the owner of the Software. You shall not modify the Software or remove, delete or otherwise alter or obscure any trademarks or notices in the Software. You will not use the Software to access any service or equipment other than as a host of or participant in an AT&T Connect web conference Event or as a host or participant of an AT&T Telepresence Solution meeting.
- 4. License Grant and Restrictions on Use.
- 4.1 License Grant. Subject to Your acceptance of and compliance with this License, AT&T grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device strictly in accordance with the terms and conditions of this License, and the Internet or wireless service agreement associated with Your Device.
- 4.2 Restrictions on Use. You agree to use the Application strictly in accordance with the terms of this License and the terms of the Internet or wireless service agreement associated with Your Device, and You agree that You will not: (a) copy, distribute, reproduce, use or allow third party access to the Software except as expressly authorized under Customer’s Agreement (b) decompile, disassemble, reverse engineer, translate, convert or apply any procedure or process to the Software in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Software or any trade secret information or process contained in the Software; (c) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application or that incorporates the application into or with other software or applications; (d) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (e) 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; (f) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (g) 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. (h) use, access or allow access to the Software in any manner to provide service bureau, time-sharing or other computer services to third parties; (j) disclose the results of any benchmarking of the Software, or use such results for its own competing software development activities, without the prior written consent of AT&T; or (k) sell, offer to sell or otherwise provide for a fee access to previously recorded Events.
- 5. Content. AT&T is not responsible for any content that You transmit, store, record or play using the Application.
- 6. 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.
- 7. Intellectual Property Rights.
- 7.1 Rights to Application. You acknowledge and agree that the Service and Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are owned, will continue to be owned and will always remain, the property of AT&T. 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 affiliates, licensors and suppliers. 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. All intellectual property and proprietary rights arising by virtue of AT&T’s performance of the Service are and will be the sole and exclusive property of AT&T, and neither ownership nor title to any such property will pass to You.
- 7.2 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.
- 7.3 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”, “AT&T Connect Mobile,” “AT&T Connect Participant”, “AT&T Connect Audio Conference Monitor”, and “AT&T Telepresence Solution” (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.
- 8. Restriction on Transfer. You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision is null and void and of no force or effect.
- 9. Third Party Content and Services.
- 9.1 General. You acknowledge that the Application may permit access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by Registered and Guest Users of AT&T Connect® or AT&T Telepresence Solution and other third parties (“Third Party Content and Services”).
- 9.2 Disclaimer. You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available 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 and its affiliates, partners, suppliers and licensors are not, and will not be, liable to You as a result of, or in connection with Your access to and use of the Third Party Content and Services. AT&T hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
- 9.3 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.
- 10. Term and Termination.
- 10.1 Term. This License is effective until terminated.
- 10.2 Termination. 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 terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You must cease all use of the Application and uninstall the Application.
- 11. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION 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 AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, 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 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. ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION WILL NOT, UNDER ANY CIRCUMSTANCES, CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
- 12. Limitation of Liability. NEITHER AT&T NOR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH 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 AT&T 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) WILL NOT EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- 13. Indemnification. You agree to indemnify, defend and hold harmless AT&T and its affiliates, partners, suppliers and licensors, and each of their respective 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, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
- 14. Compatibility. AT&T does 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 affiliates, partners, suppliers and licensors are not, and will not be, liable to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- 15. Product Claims. You acknowledge that You (not AT&T) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify AT&T of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release AT&T from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
- 16. Miscellaneous.
- 16.1 Governing Law. This License is deemed to take place in the State of New York and is governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. Any disputes arising from this License must be adjudicated in the courts of the City of New York. This License is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- 16.2 Contact
Information. Please direct any questions, complaints or claims related to
this License or Your use of the Application to the following:
- AT&T Corp.
- One AT&T Way
- Bedminster, NJ 07921-0752
- Attn: AT&T Connect Product Management Team 4B129B
- Email: End User License Comment
- 16.3 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 will not be affected and each remaining provision of this License will be valid and enforceable to the fullest extent permitted by law.
- 16.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License will not affect a party’s ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute waiver of any subsequent breach.
- 16.5 Export Control. 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 Person’s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by any applicable law. You, not AT&T, are responsible for complying with such laws, conventions and regulations for all information, equipment and software that you transmit between countries using the Application.
- 16.6 Modification or Amendment. AT&T may modify or amend the terms of this License by posting a copy of the modified or amended License at: End User License Agreement or such other websites that may be designated by AT&T from time to time. 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 posted by AT&T.
- 16.7 Survival. The respective obligations of You and AT&T which by their nature would continue beyond termination of this License survive termination of this License.
- 16.8 Third Party Beneficiaries. With the exception of Section 4.2, nothing in this License is intended or will 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.
- 16.9 Assignment. You are not authorized to assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision will be null and void and of no force or effect.
- 16.10 Entire Agreement. This License, including the documents incorporated herein by reference, constitutes the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
- 16.11 Force Majeure. AT&T will not be liable or accept responsibility for any delay, failure in performance, loss or damage due to any act or omission arising out of or associated with fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond AT&T’s reasonable control.
Version 2.0. March 15, 2013