End User License Agreement for AT&T Office@Hand
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT HOW THIS APPLICATION MANAGES EMERGENCY CALLS AND OTHER IMPORTANT TERMS AND CONDITIONS. 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 Office@Hand (“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.
This Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. Notwithstanding any provisions in the Agreement between AT&T and the Entity through whom you have obtained access to this License, by clicking the “accept” button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the AT&T Acceptable Use
Policy located at http://www.att.com/aup and end user restrictions set forth in this License (collectively, Acceptable Use Policy) and the AT&T Privacy Policy located at http://www.att.com/privacy, each as amended from time to time, which policies are incorporated herein by reference. If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession.
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 provides Users a number of calling, conferencing and collaboration features, including but limited to: domestic and international voice calling, audio conferencing, auto attendant, advanced call handling, voicemail, dial-by-name directory, on-hold music, paging, toll-free numbers, SMS texting, HD video conferencing, online meetings and collaboration, and line sharing. The Application may be used on a variety of devices, including fixed, portable and wireless devices.
Certain features offered with the Application are not encrypted and as a result do not satisfy HIPPA and other security requirements where encryption is required (Excluded Features). Excluded Features available for use with the Application are SMS text messaging, MMS and attachments to e-mails. By using these features, You understand and agree to the encryption limitations of the features. You also agree that Your use of Excluded Features must be reviewed by the Customer for appropriate regulatory compliance.
1.1 AVAILABILITY: Voice calling via the Application is not available in all areas and is subject to transmission, terrain, system, capacity and other limitations. If the Application is used to place a call from a location outside the United States to a telephone number in the United States, that call may be blocked or be subject to international data roaming usage charges under Your applicable wireless service plan.
A. IMPORTANT ADVISORIES REGARDING EMERGENCY CALLING:
The Application may be used with a digital technology called Voice Over IP (VoIP) to initiate voice calls. The following list includes, but is not limited to, examples of the types of circumstances under which VoIP 911 service may not be available to you or is limited in comparison with traditional 911 telephone service:
1. 911 is dialed from a location other than the Registered Location you provided;
2. Your broadband connection (wired, wireless and/or WI-FI) is unavailable or has been disrupted or impaired;
3. Your underlying data service plan has lapsed or has been disrupted or impaired;
4. Loss of electrical or battery power;
5. Delays have occurred in processing your newly updated Registered Location;
6. Use of a non-native telephone number; and
7. The device is not located in the United States of America.
Accordingly, You should always have an alternate means of accessing traditional 911 services, or other applicable emergency calling services, and such alternative means should include the ability to access 911 services, or other applicable emergency services, through the Public Switched Telephone Network where available.
B. IMPORTANT INFORMATION ABOUT EMERGENCY CALLS AND
REGISTERED LOCATION
911 CALLS USING APPLICATION CAN ONLY BE MADE USING IP DESK PHONES AND SOFTPHONES ON DESKTOP COMPUTERS. The most recent
Registered Location You submitted to AT&T will be delivered to the public safety entity.
BECAUSE NEITHER AT&T NOR THE PUBLIC SAFETY ENTITY CAN
DETERMINE YOUR LOCATION, YOU MUST ENSURE THAT YOU UPDATE
YOUR LOCATION EACH TIME YOU CHANGE LOCATIONS. YOU CAN UPDATE
YOUR LOCATION IN THE END USER PORTAL OR BY CONTACTING YOUR SYSTEM ADMINISTRATOR
APPLICATION DOES NOT PROVIDE 911 SERVICE ON MOBILE DEVICES. If
You make a 911 call from Your mobile device using the Application, the call will be automatically routed to the native dialer on your device and Your wireless voice service provider will handle the routing of the call to the public safety entity. If Your wireless voice service is unavailable, and You have enabled the WiFi calling feature on your mobile device, the 911 call will be routed over WiFi to the public safety entity. If Your wireless voice service is unavailable, and Your mobile device does not have the WiFi calling feature or that feature is not enabled, the 911 call cannot be placed. Because AT&T Office@Hand does not provide 911 service on mobile devices, You agree to use AT&T Office@Hand only on mobile devices that have the WiFi calling feature.
1.2 Rates and Usage: Voice, data and messaging rates may apply once you go above the allocated minutes when You use this Application. Use of the Application may significantly increase voice, data and messaging usage under Your applicable wireless service plan. Your Device may contain a usage feature that tracks estimated data usage. The amount of data shown on the usage meter is an estimate only. The actual data usage for which You are billed may be higher than the estimated data usage shown on Your usage meter for various reasons including, but not limited to, if You use Your Device or the Application while roaming, if You use Your SIM card with another device, or if You use the Application while outside the United States.
1.3 Consent to Access, Use and Disclose Personal and Other Information: AT&T and it suppliers may collect personal information to establish Your account, including, but not limited to, name, address, email and phone number. In addition, AT&T and its suppliers may collect the following Customer information to resolve customerinitiated service issues: Customer profile data, support case data, customer transport type, CPNI data, customer messages/faxes/voicemails, call recordings, CDRs, IP addresses, endpoint data, VoIP registration data, clickstream data, application authentication, and usage and session data. You agree that AT&T and its suppliers may access, use or disclose your personal or other information for the purposes described in this Section.
You may store User name, password, and User settings in the Application. AT&T and its suppliers will not access, use or disclose such information without Your consent.
AT&T suppliers’ collection and use of your personal information are limited to the purpose of supporting the provision of your service as described above, and will be in compliance with the requirements of AT&T’s privacy policy. AT&T suppliers will not share your personal information with other parties.
1.4 SMS Texting History: The Application may store SMS texting history, both sent and received messages, up to 30 days. You may permanently delete texting history at any time. Neither AT&T nor its suppliers will have access to such history.
1.5 International Limitations: The Application may only be downloaded in the United
States of America. 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 downloading of Application outside of the United States or use of the Application to initiate calls 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 the Application on approved device(s) 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 agree to be bound by the AT&T Acceptable Use Policy and end user restrictions set forth herein (collectively, Acceptable Use Policy). You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, reduce to human-readable form, 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) 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; (g) use the Application to autodial, send automated queries to any website, to send any unsolicited commercial email or facsimiles, or in any way that violates the Federal Telephone Consumer Protection Act of 1991 (TCPA); (h) 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; (i) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device; (j) reproduce, archive, retransmit, distribute, allow unauthorized third party repair, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, transfer, assign, sublicense, make available to third parties, or circulate the Application; (k) engage in traffic pumping or in unauthorized forwarding of telephone numbers to another number capable of handling multiple simultaneous calls, or to a private branch exchange, (l) use the Application on mobile devices while driving, or (m) use the Application in excess of what would be expected of normal business use. 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 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.
2.4 Recordings and Privacy. The Application includes a recording feature which will allow User to record voice communications including pointto-point and conferencing for storage and future playback. Recordings may be saved for up to 90 days. AT&T or its suppliers will delete recordings after 90 days. 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. You are 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 may include features that allow for the identification and collection of participant identity. You 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.
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 Office@HandTM” (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 in the “About” section of 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.
5.3 You understand and accept that any content You transmit through the Application may not be encrypted. You agree that AT&T shall not be liable for any loss or damage of any kind You incur as a result of unauthorized access to, use or disclosure of Your unencrypted content.
6. TERM AND TERMINATION.
Unless otherwise provided in the Agreement between AT&T and the Entity through whom you have obtained your access to this Application, this License shall be effective until terminated although access to the service shall be dependent on Entity through whom you obtained your access maintaining an Agreement for AT&T Office@Hand with AT&T. 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, including any third party license or open source license terms and conditions that apply, then AT&T may terminate this License and any rights afforded to You hereunder 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.
6.1 Fraud. The Application may not be used for fraudulent purposes. AT&T or its collaborators, suppliers or licensors 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 collaborators, 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 or its collaborators, suppliers or licensors’ 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 NONPERFORMANCE, 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, including but not limited to violation of the TCPA, Junk Fax Prevention Act, privacy laws or any similar laws; (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.
9. DISPUTE RESOLUTION BY BINDING ARBITRATION.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, IF ANY, 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:
AT&T Corp.
208 S Akard St.
Dallas TX, 75202
Attn: AT&T Office@Hand Product Management Team
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://serviceguidenew.att.com/sg_flashPlayerPage/COLLAB. 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: copyright@att.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 http://www.att.com/legal/terms.dmca.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.
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