AT&T Call Protect Terms of Service and End User License Agreement ("Agreement")
PLEASE READ THIS AGREEMENT FOR THE AT&T CALL PROTECT SERVICE AND APPLICATION. If you add AT&T Call Protect to any eligible lines on Your wireless account, you are responsible for explaining to any user associated with Your wireless account any limitations You impose on such user's ability to access and use AT&T's wireless services, including but not limited to blocking or unblocking of calls from certain callers. If You are accepting this Agreement as an account holder of an AT&T wireless account for which there are multiple devices, You are accepting these Terms on behalf of each user of devices for whom you have added the Service, including without limitation any minors or children who are authorized users of device(s) assigned to Your account. You acknowledge and agree that even if You are not the account holder for the wireless service associated with Your device, Your use of AT&T Call Protect is subject to this Agreement and other applicable terms. By downloading, installing or using this Application and/or AT&T Call Protect Service, You indicate that You have read and accept the AT&T Call Protect Agreement and that You consent to the use of Your information in accordance with these terms. Upon activation of AT&T Call Protect, the Service will be added to the eligible line(s) You selected unless and until You cancel the Service. Data and messaging rates may apply to the use of this Application and Service. You may cancel Your AT&T Call Protect Service at any time. If You download the Application from a Third Party, Your download may also be subject to applicable Third Party terms.
AT&T Mobility LLC, licenses the AT&T Call Protect Application to You, conditioned upon your acceptance of this End User License Agreement ("Agreement" or "License").
If at any time after reviewing or using the Service You wish to terminate such use or this License, You must cancel your Service as set forth below and un-install and remove the Application from Your Device(s), and delete any copy in Your possession. This License will automatically terminate if You are not, or are no longer, an AT&T subscriber subject to the terms of the WCA.
(a) "AT&T," "We," "Our" and "Us" mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) "AT&T Call Protect" means the AT&T Call Protect Service, Application, any website, software, content or services provided in connection with the Application or Service, and any updates to these items; (c) "You," "Your" and "Licensee" means: (i) if a consumer, an individual who downloads or uses AT&T Call Protect and any person or entity represented by that individual; or (ii) if you are a business customer, the entities subject to the Business Agreement, the authorized representatives of those entities, all Corporate Responsibility Users (CRUs) of such entities and all employees, agents and contractors of such entities who may use AT&T Call Protect.
2. THE SERVICE
AT&T Call Protect is a service that provides network-based and application-based features that can help You manage unwanted calls. The Service is not guaranteed to be accurate and may inadvertently block wanted calls or misidentify some numbers as spam risk or fraud risk. It is possible that calls flagged or blocked may include service messages and/or other permissible calls. AT&T Call Protect may not be compatible with all applications, services, and devices. Certain Application features may be made available on a subscription basis only.
The Service is available to AT&T postpaid wireless customers with compatible iPhones 6 and above, running iOS v9.3 or higher, or Android smartphones that are eligible for and have AT&T HD Voice enabled on their account for that device. Certain AT&T wireless services and features conflict with AT&T HD Voice. For more information on AT&T HD Voice, please visit att.com/HDVoice.
The AT&T Call Protect Application is optional but is needed to manage AT&T Call Protect settings and to access certain features, such as Manual Call Blocking and other Plus Features. The Application also allows you to report callers as fraud or spam, and you can view a list of automatically and manually blocked callers and make changes to un-block specific callers. Call logs in the Application will not match device call logs and are not intended to replace device call logs. When private callers (who use *67 to hide their number) are blocked as fraud or labelled as spam, a phone number of all zeros (e.g., 000-000-0000) will be presented within the Application.
2.3 Automatic Fraud Blocking:
Potential fraud calls are automatically blocked so Your phone does not ring. This feature is defaulted on and may inadvertently block wanted calls, but Service settings can be adjusted within the Application to turn off blocking or to allow specifically designated numbers.
2.4 Spam Call Blocking:
Spam risk calls are identified by category when possible on Your device's incoming call screen. You may choose to block or send Spam risk labeled calls to voicemail via the Application so Your [PS1] phone does not ring. For this feature to work, You must be in an AT&T HD Voice coverage area and have LTE/Enhanced or LTE turned on. LTE services will be automatically disabled if You move Your SIM to a device or service that is not eligible for or compatible with AT&T HD Voice. If you have Cequint Caller Name ID activated on Your Android smartphone, it will override any AT&T Call Protect Spam Call Warning. In addition, contact names stored in Your device address book override AT&T Call Protect Spam Call Warnings.
2.5 Unknown Callers to Voicemail:
You can manage callers that are not in your contact list by sending them directly to voicemail. Enabling this feature will upload your device contact list to the cloud, where it will be securely stored on Hiya’s servers. Numbers that are added, deleted, and updated on your device contact list will be updated, on Android devices, every 24 hours and, on iOS devices, every time you open the Application. Numbers that are not in your contact list will be sent to your voicemail unless you have elected to Block other call types. Callers sent to voicemail while this feature is active may include emergency responders and public safety announcements. You must have an active voice mailbox to send callers to voicemail. If you do not have an active voice mailbox, calls from numbers that are not on your contact list will fail.
You can disable the feature by setting it to “Allow” which will permit unknown [PS2] callers to ring through. If you disable the feature, your contact list will be removed from the cloud within 24 hours.
2.6 Personal Block List:
You can block specific individual callers through the Application. You can block an unlimited amount of domestic or international numbers. Private callers may be manually blocked only with the Custom Call Controls feature which is available with a Plus Subscription.
2.7 Plus Subscription:
AT&T may make certain additional Application features ("Plus Features") available to you on a subscription basis for a monthly recurring fee ("Plus Subscription"). Plus Features are only available on iPhone 6 or newer, running iOS 9.3+or AT&T HD Voice enabled Android. These Plus Features are provided to you for a monthly subscription term specified at the time you place your order (the "Subscription Term") and will automatically renew for additional periods of the same duration unless you cancel your Plus Subscription. For iOS users, you will be auto-billed every month through your iTunes account unless you cancel your Plus Subscription. To manage your Plus Subscription, go to iTunes. With respect to Plus Features, the rights granted to you in Section 3 are subject to our receipt of payment of the applicable fees (either directly from you or from the Distributor through whom you purchased the App) and end when your Subscription Term is cancelled or terminated.
If you place an order for a Plus Subscription, you agree to pay the applicable fees upfront for the entire Subscription Term.
2.9 Automatic Renewals:
Unless otherwise specified by us at the time you place your order, your Subscription Term for a Plus Subscription is auto-recurring and will automatically renew for additional terms of the same length. You authorize AT&T to immediately begin charging the payment method provided and to continue to do so for any renewed Subscription Term until you cancel.
2.10 Caller ID:
Identifies your incoming calls by name and location, when available. Must be in an AT&T HD Voice coverage area. Available with a Plus Subscription only.
2.11 Reverse Number Lookup:
Enter a U.S. number to get caller details. This Plus Feature matches U.S. telephone numbers to a name and city. Limit of 200 queries within 24-hour period. Available with a Plus Subscription only.
2.12 Custom Call Controls:
Allows you to manage categories (e.g. telemarketers, private numbers, and more) of incoming calls by sending them to voicemail, allowing or blocking calls. Available with Plus Subscription only.
You may cancel AT&T Call Protect anytime in the Application by selecting Manage Account in Settings and pressing the buttons "Change service" followed by "Remove". You may also remove the service by logging into your myAT&T, or by contacting AT&T Support at 1-800-331-0500, or 611 from your wireless phone. Business customers will need to contact their AT&T Account Manager. Your settings for AT&T Call Protect, including any list of callers designated by you for manual call blocking, will be deleted upon cancellation of the Service. If you signed up for the Plus Subscription, You may cancel an upcoming Subscription Term renewal through your myAT&T app (or through the account page on the applicable app store), but you must do so before your renewal date to avoid incurring additional fees. iOS users may only cancel their Plus Subscription via iTunes. For iOS users, your Subscription Term will automatically renew and your account will be charged the Plus Subscription fee unless auto-renew is turned off at least 24 hours before the end of the current period. If you fail to cancel before the renewal date, you will be responsible for paying fees for the renewed Subscription Term. Please note that if you elect to cancel during a Subscription Term, we will not issue a refund or credit for the remaining portion of your then-current Subscription Term. Once your Plus Subscription is canceled, you will be downgraded to the basic free version of AT&T Call Protect. To remove the Call Protect service entirely, you must cancel within the app or via myAT&T, once your iTunes subscription ends.
2.14 Failure to Pay:
If you fail to timely pay any fees, if we are unable to process your payment, or if we do not receive our corresponding payment from the App Store from whom you purchased the Plus Subscription, AT&T at its option may suspend or terminate your right to use the Plus Subscription, without liability to you. Regardless of such termination or suspension, you will be responsible for paying all past due amounts.
2.15 Updates and Product Changes:
You acknowledge and agree that, during the term of this Agreement, the Application may adapt to technological advances and be improved, and AT&T may automatically send an updated version of the Application. Unless otherwise specified by AT&T in writing, this Agreement will also govern any bug fixes, patches, maintenance releases, upgrades and updates to the App that AT&T or its supplier develops and makes available to you ("Updates"), and such Updates will be considered "App Services" under this Agreement. We may require You to accept Updates to the Application that You have installed on Your device. However, you understand and agree that AT&T has no obligation to provide you with Updates and that any Updates may be made available for a fee or under different or additional terms and conditions, as determined by AT&T. App Services consisting of installable software (such as our mobile app) may update automatically on your device once a new version or feature is available, and you consent to such automatic Updates. We are constantly changing and improving our App Services, so we reserve the right without liability to you to add or remove functionalities or features, to modify App Services and to suspend or stop an App Service altogether.
2.16 Consent to Disclose Personal Information:
In order to perform the functions of the Service, AT&T may use and/or disclose or allow the disclosure to our vendor Hiya of Your personal information, including without limitation mobile number, contacts/address book in order to populate detail in the call detail screen, the presence or absence of calling party phone numbers in your device address book, and Application usage information, such as which numbers you report and/or manually block within the Application, as factors to determine which callers are suspected fraud and spam. The contact names and phone numbers in your device address book are not shared for any purpose other than improving your experience with the Application by helping you to recognize known callers.
2.17 Consent to Disclose Customer Proprietary Network Information (CPNI): By Using AT&T Call Protect, You Consent to Disclosure of CPNI As Discussed in This Paragraph.
To perform the functions of the Service, AT&T may use and/or disclose information regarding your AT&T wireless account, including call detail information, to our supplier, Hiya. Call detail information may include inbound and outbound phone calls, calling and called numbers, time and duration of calls, and whether you answer or end those calls. Hiya may use this information to improve the Service as well as to improve other call protection services Hiya offers or develops. Your account information and other information we collect about telecommunications services you purchase from us, is considered customer proprietary network information (CPNI). You have the right to restrict the use and disclosure of your CPNI, and AT&T has a duty to protect the confidentiality of your CPNI. Restricting the use of your CPNI will not affect any other service(s) to which you currently subscribe from AT&T. However, it will prevent you from being able to use AT&T Call Protect, since CPNI is necessary to perform the functions of the Service. Your CPNI authorization is effective until you revoke it, which you may do by cancelling the AT&T Call Protect service as set forth in this Agreement. Please note that simply deleting the Application will not cancel the Service.
2.18 Registration, Account, and Security:
By activating the Service, You acknowledge and agree that information concerning the voice calling and contacts relating to Your mobile device or the devices of users associated with Your wireless account may be disclosed to AT&T, its suppliers, and the authorized representatives as part of the Service, and You further agree to notify any users associated with Your wireless account concerning this disclosure of such information. You also represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users on Your account. You agree to be responsible for all activities occurring under Your account and for all authorized users of devices associated with Your account. You understand and agree that even if You are not the account holder for Your device, Your use of the AT&T Call Protect Service is subject to this Agreement and the other applicable terms.
You are responsible for implementing and maintaining AT&T Call Protect settings for devices associated with Your wireless account and/or under Your control and explaining to any user associated with Your wireless account the limitations You impose on such user's ability to access and use AT&T's wireless services, including but not limited to blocking or unblocking of calls from certain callers.
If You do not have an AT&T User ID, you will be required to create or associate an AT&T User ID with billing account rights when you subscribe to AT&T Mobile Security & Call Protect Plus.
You are responsible for keeping Your AT&T User ID and associated password secure. AT&T is not liable for any unauthorized use of the AT&T Call Protect Service or for any damage or loss that You may suffer as a result of any unauthorized use of Your AT&T Call Protect Service.
3. LICENSE GRANT AND USE RESTRICTIONS
3.1 License Grant:
Subject to the restrictions set forth in Section 3.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a 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 all applicable local, national, and international laws and regulations.
3.2 Restrictions on Use:
You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, for any purpose; (b) modify, adapt, improve, or create any 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 this copy of the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute this copy of 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, 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.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Rights to Application:
The Application (including its source and object code), any copies thereof (whether or not present 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. The source and object code of the Application are the proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. The Application is licensed, not sold, to You. 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.
4.2 AT&T Marks:
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 Call Protect" (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.
4.3 Open Source Software:
The Application may include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license (the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
6. User-Submitted Content.
The Application may contain features that allow You to submit, post or display content through the Application. You agree not to use or allow others to use the Application, directly or indirectly through Your Device or wireless number in a way that violates AT&T's Acceptable Use Policy. You are solely responsible for any liability arising out of any user-submitted content.
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 may remove Your User Submission at any time in its sole discretion. 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.
7. TERM AND TERMINATION
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, disable the Application or Service, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Service and uninstall 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.
8. 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 IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, 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 WILL MEET YOUR REQUIREMENTS, INCLUDING THE APPLICATION’S CALLER IDENTIFICATION AND CLASSIFICATION FEATURES, WHICH MAY IMPROPERLY IDENTIFY, BLOCK OR CLASSIFY INCOMING AND OUTGOING CALLS; (II) THE APPLICATION 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 WILL BE CORRECTED OR THAT THE APPLICATION WILL BE MAINTAINED. 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 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE WCA OR THE BUSINESS AGREEMENT MAY PROVIDE LIMITED REMEDIES TO YOU.
9. 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 OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION, 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 THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APPLICATION DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.
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, in connection with or related to 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.
The following provisions survive termination of this License:
11.1 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 this License, the Application or Your use of the Application must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the WCA or Business Agreement. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of the WCA or Business Agreement.
11.2 Contact Information:
You may reach AT&T Customer Service by dialing 611 from Your Device if You are an AT&T Wireless service subscriber or 1-800-331-0500 or visit https://www.att.com/myatt or https://www.wireless.att.com/business/ for business customers.
If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
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.
11.5 Export Control; Lawful Use:
You may not 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 located and will not use the Application in any country that is (a) 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 may not use the Application in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the Application, or (b) by local law, in the jurisdiction(s) in which You use the Application.
11.6 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.
11.7 Modification or Amendment:
To the extent not prohibited by law, AT&T may modify or amend the terms of this License at any time, with or without direct notice to You, by posting a copy of the modified or amended License available through the Application or at https://www.att.com/legal/terms.callProtectEULA.html. 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 Application or the referenced website.
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.
11.9 Third Party Beneficiaries:
Except as explicitly provided in this License or in incorporated 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.
11.10 No Transfer by You:
Any attempted transfer by You in contravention of this License shall be null and void. These obligations survive termination of this License. AT&T may assign this License without restriction.
11.11 DMCA Copyright Notifications:
You may send AT&T a valid notification of claimed copyright infringement under the Digital Millennium Copyright Act ("DMCA"). AT&T’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
11.12 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.
Open Source License Terms.
The Application uses the following Open Source Software that is licensed under the Apache License, Version 2.0, and You may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. The software that is licensed under the Apache License, Version 2.0, includes the following:
- Joda Time, http://www.joda.org/joda-time/
- Floating Action Button, https://github.com/Clans/FloatingActionButton
- Calligraphy, https://github.com/chrisjenx/Calligraphy/
- Retrofit 2, http://square.github.io/retrofit/
- Butterknife, http://jakewharton.github.io/butterknife/
- Dagger 2, https://github.com/google/dagger
- Guava, https://github.com/google/guava
- SqlBrite, https://github.com/google/sqlbrite
- RxAndroid, https://github.com/ReactiveX/RXAndroid
- RxJava, https://github.com/ReactiveX/RxJava
- RxLifecycle, https://github.com/trello/RxLifecycle
- Timber, https://github.com/JakeWharton/timber
- Fabric, https://get.fabric.io/
- Picasso, https://square.github.io/picasso/
- Firebase, https://firebase.google.com/terms/crashlytics/
- Realm, https://github.com/realm/realm-cocoa
- Scalac-scapegoad-plugin_2.11, https://github.com/sksamuel/scapegoat
- Spray-json-shapeless_2.11, https://github.com/fommil/spray-json-shapeless
- DiskLruCache, https://github.com/JakeWharton/DiskLruCache [PS3]
- JSON Smart, https://netplex.github.io/json-smart/
- Android KTX, https://developer.android.com/kotlin/ktx
- Chuck, https://github.com/jgilfelt/chuck [PS3]
The Application may incorporate, use or access software that is subject to the following additional Open Source License Terms:
- Bucket, Licensed under MIT, https://github.com/simonpercic/Bucket
- Alamofire, Licensed under Alamo Software Foundation, https://github.com/Alamofire/Alamofire
- PhoneNumberKit, Licensed under MIT, https://github.com/marmelroy/PhoneNumberKit
- CryptoSwift, Licensed under https://github.com/krzyzanowskim/CryptoSwift
- Alamofire ObjectMapper, Licensed under MIT, https://github.com/tristanhimmelman/AlamofireObjectMapper
- ObjectMapper, Licensed by MIT, https://github.com/Hearst-DD/ObjectMapper/
- Locksmith, Licensed under https://github.com/matthewpalmer/Locksmith
- Scala-stm_211, Licensed under https://github.com/nbronson/scala-stm
- MultiHash, https://github.com/multiformats/SwiftMultihash Multihash uses the MIT license.
- BranchSDK, Licensed under MIT https://branch.io/policies/