Program License Agreement
08 Aug 2007
EXTENDED ACCESS USERS - IF YOU ARE USING THE EXTENDED ACCESS FEATURE OF THIS PROGRAM AND ITS ASSOCIATED SERVICE IN A GIVEN COUNTRY ON MORE THAN AN OCCASIONAL BASIS, YOUR SYSTEMS ADMINISTRATOR MUST PROVIDE YOU WITH AN APPROPRIATE LICENSE FOR USE OF THIS PROGRAM. IF YOUR SYSTEMS ADMINISTRATOR DOES NOT PROVIDE YOU WITH SUCH AN AGREEMENT, THEN DO NOT USE THIS PROGRAM AS YOU ARE NOT LICENSED TO USE IT. WHILE THE LICENSE PROVIDED BY YOUR SYSTEMS ADMINISTRATOR SHALL SUPERCEDE THE LICENSE TERMS THAT ARE PRESENTED BELOW, PLEASE CLICK THE "I ACCEPT" BUTTON BELOW TO PROCEED WITH INSTALLATION OF THIS PROGRAM.
OTHER USERS - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS. YOUR INSTALLATION OF THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE PROGRAM. AT&T GLOBAL NETWORK SERVICES, L.L.C. ("AT&T") OR THE LOCAL SERVICE PROVIDER WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT BY INSTALLING THE PROGRAM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE PROGRAM; EITHER RETURN OR DESTROY YOUR COPY.
These license terms apply to Your installation and use of the program, which program includes copyrighted materials and programs of Our Licensors (collectively referred to as "Program"). This license is granted to You by the AT&T or the local service provider ("We" or "Us") in Your country. A list of local service providers and any country unique terms is included at the end of this Program License Agreement.
The Programs contained in this package are intended only for Users of Our Services and not for any other users. You may not use the Program contained in this Package to upgrade any Programs that You did not obtain from Us.
1. License. This Program is licensed and not sold. Title to the Program does not pass to You. We own, or license from the owner, copyrights in the Program. You obtain no rights other than those granted You under this Program License Agreement. The term "Program" means the original (including any revisions, enhancements, updates, or the like) and all whole or partial copies of it, including modified copies or portions merged into other programs. You are responsible for the use of, and results obtained from the Program. This Program may be used only in conjunction with access to the local service provider network (Our Services) and with other selected phone numbers that we provide (if any), as part of the Program. This Program may only be used by You on one machine at any one time. You may not reverse assemble or reverse compile the Program, except as specifically provided by law, without the possibility of a contractual waiver. You may not sublicense, rent, lease, or assign the Program.
2. Disclaimer of Warranty and Limitation of Liability. THE PROGRAM IS PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO OUR PROGRAM OR THE SERVICE OF ANY OTHER SERVICE PROVIDER. DO NOT USE THE PROGRAM IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WE DISCLAIM ANY WARRANTY OF TITLE OR OTHER WARRANTIES FOR ANY THIRD PARTY´S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM IS ERROR-FREE.
WE, INCLUDING OUR LICENSORS, DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM OR ANY OTHER SERVICE PROVIDER´S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY´S INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT ARE WE OR OUR LICENSORS LIABLE FOR: A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. This Section applies to all claims by You irrespective of the cause of action underlying Your claim, including, but not limited to: a) breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or b) tort including but not limited to negligence or misrepresentation.
In no event are We or Our Licensors liable for any damages arising from Your failure to perform Your responsibility in connection with this Program License Agreement, or arising from any cause beyond Our control, including but not limited to delay in the performance of Our obligations or misuse of Your User IDs. All limitations and disclaimers stated in this Section also apply to Our Product Licensors as intended beneficiaries of this Program License Agreement. Any rights or limits stated herein are the maximum for which we are collectively responsible.
3. Your Additional Rights. You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Our exclusions or limitations may not apply to You.
4. General. We do not provide any support, maintenance, assistance, or the like with respect to the Program.
The Program contains code designed to collect connection performance information for use by Us. Such information ("Information") includes, but may not be limited to, information about the operating system and modem You are using, the local service provider POP number dialed, Your calling line information (unless blocked by You), Your IP address, account identification and user identification, and connection error code information. By accepting the terms of this Program License Agreement, You consent to the collection and use by Us, as we deem appropriate for the purpose of providing You with our Services, of Information We gather via the Program.
You may terminate Your license at any time. If you terminate Our Services, Your license shall automatically terminate. We may terminate Your license if You fail to comply with the terms of this Program License Agreement. In any license termination event, You must destroy all Your copies of the Program.
Attachment A - LIST OF LOCAL SERVICE PROVIDERS (last updated September 10, 2002)
|Argentina||AT&T Communication Services Argentina S.R.L.|
|Australia||AT&T Global Network Services Australia PTY Ltd.|
|Austria||AT&T Global Network Services Austria GmbH|
|Belgium||AT&T Global Network Services Belgium SPRL|
|Brazil||AT&T Global Network Services Brasil Ltda.|
|Bulgaria||AT&T Global Network Services Bulgaria Ltd.|
|Canada||AT&T Global Network Services Canada Co.|
|Chile||AT&T Red Global de Telecomunicaciones Ltda.|
|Colombia||AT&T Global Network Services Columbia Ltda.|
|Croatia||AT&T Global Network Services, d.o.o. Zagreb|
|Cyprus||AT&T Global Network Services Cyprus Limited.|
|Czech Republic||AT&T Global Network Services Czech Republic s.r.o.|
|Denmark||AT&T Global Network Services Danmark ApS|
|Ecuador||AT&T Global Network Services Ecuador Cia. Ltda.|
|Finland||AT&T Global Network Services Finland Oy|
|France||AT&T Global Network Services France, SAS|
|Germany||AT&T Global Network Services Deutschland GmbH|
|Greece||AT&T Global Network Services (Hellas) E.P.E.|
|Hong Kong||AT&T Global Network Services Hong Kong Limited.|
|Hungary||AT&T Global Network Services Hungary Kft.|
|Indonesia||Sistelindo Mitra Lintas|
|Irish Republic||AT&T Global Network Services Ireland Limited.|
|Italy||AT&T Global Network Services Italia S.p.A.|
|Israel||AT&T Global Network Services International Inc. - Israel Branch Office|
|Japan||AT&T Global Network Services Japan LLC|
|Luxembourg||AT&T Global Network Services Luxembourg S.`.r.l.|
|Malaysia||VADS Sdn Bhd|
|Mexico||AT&T Global Network Services Mexico S. de R.L. de C.V.|
|Netherlands||AT&T Global Network Services Nederland B.V.|
|Netherlands Antilles||AT&T Global Network Services Netherlands Antilles N.V.|
|New Zealand||AT&T Global Network Services International Inc. - New Zealand Branch|
|Norway||AT&T Global Network Services Norge LLC - Norwegian Branch Office|
|Pakistan||AT&T Global Network Services International Inc., Pakistan Branch|
|People's Republic of China||AT&T Global Network Services Hong Kong Limited.|
|Peru||AT&T Global Network Services del Peru S.R.L.|
|Philippines||Phillippine Long Distance Telephone Co.|
|Poland||AT&T Global Network Services Polska Sp.zo.o.|
|Portugal||Compensa Servicos de Telecomunicacoes, S.A.|
|Puerto Rico||AT&T Global Network Services Puerto Rico Inc.|
|Romania||AT&T Global Network Services Romania SRL|
|Russian Federation||AT&T Global Network Services LLC, Russia Branch|
|Singapore||AT&T Worldwide Telecommunication Services Singapore Pte. Ltd.|
|Slovak Republic||AT&T Global Network Services Slovakia, s.r.o.|
|Slovenia||AT&T globalne omrezne storitve d.o.o.|
|South Africa||AT&T Global Network Services SA (Pty) Limited (registration number 89/01259/07)|
|South Korea||AT&T Global Network Services Korea LTD. (Yahan Hosea)|
|Spain||AT&T Global Network Services Espana, S.L. C/ Albacete n.3 - Edificio NCR 4 planta. 28027 Madrid|
|Sweden||AT&T Global Network Services Sweden AB|
|Switzerland and Lichtenstein||AT&T Global Network Services Switzerland Sarl 31, Route de l´Airoport Le Grand-Saconnex CH - 1215 Geneva|
|Taiwan||AT&T Global Network Services Taiwan Ltd. [yu hsien kungsze]|
|Turkey||AT&T Global Iletisim Servisleri Limited Sirketi [Ltd. Sti.]|
|UK||AT&T Global Network Services (UK) B.V. - UK Branch|
|USA||AT&T Global Network Services, L.L.C.|
|Venezuela||AT&T Global Network Services Venezuela LLC - Venezuela Branch|
Country Unique Terms
The following terms are country specific amendments to this Program License Agreement. All Program License Agreement terms not specifically modified or deleted by these amendments remain in effect.
A.1 United States. The laws of the State of New York govern this Program License Agreement.
A.2 Canada. The laws of the Province of Ontario govern this Program License Agreement.
A.3 Australia. You agree to give all required notices under this Program License Agreement by writing to: AT&T Global Network Services Business Manager, Level 4, 68 Waterloo Road, North Ryde, NSW 2113 Australia.
Section 2, Disclaimer of Warranty and Limitation of Liability is modified as follows: Where We are in breach of a condition or warranty implied by the Trade Practices Act 1974, Our liability is limited to: (a) where We supplied services - the cost of having the services supplied again; or (b) where We supplied goods - the repair or replacement of the goods, or the supply of equivalent goods. Where the condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
A.4 New Zealand. Section 2, Disclaimer of Warranty and Limitation of Liability is modified as follows: The Consumer Guarantees Act 1993 will not apply in respect of any goods or offerings which We provide if You require them for the purposes of a business as defined in that Act. Where products or services are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
A.5 Germany, Austria and Switzerland. Instead of Section 3, Your Additional Rights, the following applies: The limitations and exclusions specified in this Program License Agreement will not apply to damages caused by us with intention or gross negligence. We are not liable for assured characteristics.
Section 4, General is revised as follows: The limitation on bringing a legal action is not applicable in case of tort by either Us or Your, or Our respective agents.
A.6 Japan. All disputes with respect to this Program License Agreement shall be determined by Tokyo District Court, Japan.
A.7 Italy. CONTRACTUAL TEXT SHOWN ONLY FOR ACKNOWLEDGMENT. CONTRACT MUST BE SIGNED TWICE (AS REQUIRED BY ITALIAN LAW) BEFORE ANY PROGRAM USE.
A.8 Israel. Section 4, General is revised as follows: The limitation on bringing a legal action will be according to the law of limitation provided a notification concerning the cause of action was sent no more than two years after the cause of action arose or became known to plaintiff.
A.9 Philippines. Venue for suit arising from this Program License Agreement shall be the proper courts of Makati, Metro Manila, Philippines.
A.10 Ireland. Nothing in this Program License Agreement shall affect the statutory rights of consumers.
A.11 Argentina. Customers in Argentina will receive a hardcopy of the Program License Agreement, including country unique terms for Argentina, when they request to register for the service and Program.
A.12 Chile. Customers in Chile will receive a hardcopy of the Program License Agreement, including country unique terms for Chile, when they request to register for the service and Program.
A.13 Greece. CONTRACTUAL TEXT SHOWN ONLY FOR ACKNOWLEDGMENT. CONTRACT MUST BE SIGNED (AS REQUIRED BY GREEK LAW) BEFORE ANY PROGRAM USE.
A.14 South Africa. This Program License Agreement will be governed by the laws of Republic of South Africa. The parties hereby consent to the jurisdiction of the Magistrates Court in respect of any action or proceedings which may be brought against either party in connection with this Program License Agreement, notwithstanding that such action or proceedings would otherwise be beyond such jurisdiction, without prejudice to the right of either party to institute any such proceedings in the Supreme Court having jurisdiction.
A.15 Turkey. In section 4, replace the words "two years" with the words "five years". You agree to give all required notices under this Agreement by calling 0212-280 0900 (ext 1777) or sending fax to 0212-278 0478 and confirming the same in writing to AT&T Global Iletisim Servisleri Limited Sirketi, Buyukdere Caddesi, Yapikredi Plaza, B Blok Kat 14, Levent 80613, Istanbul.
A.16 Central Europe & Russia. This Program License Agreement will be governed by the material laws of Austria. All disputes and controversies between the parties arising out of, or in connection with, this Agreement or its implementation, performance or interpretation, shall be finally settled under the Rules of Arbitration and Reconciliation of Arbitral Centre of the Federal Economic Chamber in Vienna (Vienna Rules), by three arbitrators appointed in accordance with said Rules. The arbitration shall be held in Vienna, Austria. The official language of the proceedings shall be English. The decision of the arbitrators shall be final and binding upon both parties and therefore, the parties pursuant to paragraph 598(2) of the Austrian Code of Civil Procedure, expressly waive the application of paragraph 595(1), figure 7 of said Code. The clauses set forth above shall, however, in no way limit our right to institute proceedings in any competent court.
A.17 Malaysia. Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the parties or their representative shall be submitted to arbitration in accordance with the Rules for Arbitration of Kuala Lumpur Regional Arbitration Center.
A.18 Pakistan. This Program License Agreement will be governed by the laws of Islamic Republic of Pakistan.
A.19 Taiwan. For the customers in Taiwan, the laws of Taiwan govern this Agreement. The liability for damages caused by willful or gross negligent conduct shall not be released or restricted by contract. In section 4, the clause reading "neither party may bring an action under this Program License Agreement more than two years after the cause of action arose." shall not be applied.
A.20 Brazil. This Program License Agreement is subject to Brazilian legislation and, especially, to the norms of the Consumer Protection Law (Law n: 8.078/90), of the Law n: 9.609/98 and 9.610/98, and any contractual provisions not in accordance with applicable Brazilian legislation shall be deemed without effect, in particular, the regulations relating to copyrights, copyrights of the Programs, rights related to computer programs and rights of the consumer.
A.21. Spain. This Program Licence Agreement is subject to Spanish legislation and, specially to the Law 26/1984 dated on July 19th , for the Defense of the Consumers and Users.
Section 3 "Your Additional Rights", the following applies: The limitations and exclusions specified in this Program Licence Agreement will not apply to damages caused by us with intention or gross negligence as well for total or partial contract non-fulfilment or for our defective fulfilment.
Section 4 "General" should be read "fifteen years" instead of "two years."
Online Copyright Infringement Notifications The AT&T POLICIES FOR CONSIDERING TRADEMARK AND/OR COPYRIGHT INFRINGEMENT CLAIMS MADE TO AT&T WORLDNET(R) SERVICE, AT&T CERFnet AND AT&T GLOBAL NETWORK SERVICES is located at http://www.att.net/general-info/claims.html.
Pursuant to the Digital Millennium Copyright Act you may direct your customers to this policy and also post on your publicly accessible website:
Name of Agent Designated to Receive Notification of Claimed Infringement: Manager of Security & Copyright Infringement
Full Address of Designated Agent to which Notification should be sent:
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
Telephone Number of Designated Agent: (919) 319-5737
Facsimile Number of Designated Agent: (919) 319-8154
E-mail Address of Designated Agent: firstname.lastname@example.org
version - August 8, 2007