AT&T Data Perks End User License Agreement

AT&T Mobility LLC ("AT&T"), licenses the Data Perks application (the "Application" or "App") to You, conditioned upon your acceptance of this End User License Agreement ("Agreement" or "License").

BY CLICKING "I AGREE" OR "ACCEPT", OR BY DOWNLOADING, INSTALLING OR USING THIS APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACKNOWLEDGE THAT IN NO EVENT IS THIS APP TO BE USED BY PERSONS UNDER THE AGE OF 13; (D) AGREE THAT AT&T HAS NO LIABILITY OR RESPONSIBILITY FOR THIRD PARTY OFFERS; (E) AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, http://www.att.com/legal/terms.aup.html, (F) AGREE TO TERMS OF THE AT&T PRIVACY POLICY, http://www.att.com/gen/privacy-policy?pid=2506, (G) AGREE TO THE TERMS OF THE MOST CURRENT AT&T WIRELESS CUSTOMER AGREEMENT, http://www.att.com/legal/terms.wirelessCustomerAgreement-list.html ("WCA"), WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, FULLY APPLIES TO YOUR USE OF THIS APP AND ALL DISPUTES RELATED TO THE APP, INCLUDING DISPUTES ABOUT MERCHANT OFFERS, AND EARNED AND TRANSFERRED DATA. FOR DISPUTES INVOLVING THIS LICENSE, IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE WCA, THE APPLICABLE PROVISION OF THIS LICENSE SHALL CONTROL.

If at any time after reviewing or using the App You wish to terminate such use or this License, You must un-install and remove the App from Your Device, 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.

1. DEFINITIONS:

(a) "AT&T," "We," "Our" and "Us" mean AT&T Mobility and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) "Data Perks" means the Data Perks App, any website, software, content or services provided in connection with the App, and any updates to these items; (c) "You," "Your" and "Licensee" mean an individual who downloads or uses Data Perks and any person or entity represented by that individual.

2. THE APP:

The App allows You to earn megabytes ("MB") of data by completing third-party offers within the App. Earned MBs are stored within Data Perks. The App permits you to transfer earned MBs to your eligible AT&T postpaid wireless account ("AT&T Account"). Data rates may apply when You use this App to complete certain offers.

2.1 USAGE, STORAGE AND OTHER LIMITS.

AT&T reserves the right to establish or change terms regarding eligible rates, plans or accounts, and how MBs can be earned, transferred and used, including how long MBs can be stored, minimum/maximum amounts of MBs that can be transferred, and limits regarding when/how MBs expire. The following terms govern the usage, storage and transfer of MBs:

2.1.1

Earned MBs can only be transferred to the AT&T Account that was verified by Data Perks in connection with the line used to earn the MBs. Earned MBs that are transferred to the AT&T Account, are shared among all shared-data users on the same account. Earned MBs cannot be transferred to any other AT&T customer.

2.1.2

Earned MBs expire if you switch to an ineligible plan, transfer billing responsibility, change accounts, or cancel your account.

2.1.3

Earned MBs must be transferred to your AT&T Account in 25 MB increments, up to a maximum of 1,000 MBs per bill period. Transferred MB is used in the same billing period in which it is transferred and prior to your plan's data allowance. Transferred MBs do not rollover; they automatically expire at the end of the bill period in which they were transferred. Transferred MBs are used before your plan data allowance and any Rollover DataSM.

2.1.4

MBs earned through Data Perks will be stored within the app for up to 12 months. If you do not transfer MBs to your AT&T Account within twelve (12) months after the date on which the MBs were earned, these MBs will expire and be removed from your Data Perks account on the first day of the following calendar month.

2.1.5

Transferred data has no monetary value and cannot be used to offset other charges on your AT&T Account.

2.1.6

AT&T cannot guarantee the timing between completion of offer and transfer of MB. The timing depends on the offer, merchant, and other variables.

2.1.7

Earned MB is only for domestic usage. It cannot be applied to international data usage, or packages.

2.2 CONSENT TO DISCLOSE RATE PLAN INFORMATION (CPNI):

BY USING DATA PERKS, YOU CONSENT TO DISCLOSURE OF CPNI AS DISCUSSED IN THIS PARAGRAPH. To be credited with MB for qualifying offers and in order for Data Perks to transfer MB to your AT&T Account, AT&T may disclose information regarding your rate plan information to our vendor. Your rate plan and other information we collect about the 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 rate plan info (CPNI). Restricting the use of your rate plan info (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 Data Perks, since the rate plan info (CPNI) is necessary to link your AT&T Account with Data Perks. Your CPNI authorization is effective until you revoke it, which you may do by uninstalling the Data Perks app.

2.3 CONSENT TO USE LOCATION INFORMATION:

This Application accesses and uses Your personally identifiable location information ("Your Location Information") in order to display offers that may be specific to your geographic region. If you disallow the location permission or disable location in your device settings, you may see offers in Data Perks that are not available in your area. You agree that Data Perks may collect and use Your Location Information and may collect, use and disclose geographic location to provide Data Perks services and such service may also include functions that are incidental and necessary to the service. This notice may serve as Your sole notice that the Application may collect Your Location Information and You may not receive any reminders or further notice. If you wish to stop allowing Your Location Information to be used by this Application, You must disallow the location permission, disable location in your device settings, or uninstall the Application.

2.4 CONSENT TO DATA PERKS' USE OF GOOGLE ANALYTICS:

BY USING DATA PERKS, YOU CONSENT TO THE APP'S USE OF GOOGLE ANALYTICS AS DISCUSSED IN THIS PARAGRAPH. Data Perks utilizes Google Analytics for the purpose of collecting and analyzing App usage data. For information on how this data is collected and processed, please visit the site "How Google uses data when you use our partners' sites or apps", located at www.google.com/policies/privacy/partners/. Your consent is effective until you revoke it, which you may do by uninstalling the Data Perks app.

2.5 PUSH NOTIFICATIONS.

When you are logged into Data Perks, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your mobile device. Push notifications can be delivered whether or not you are currently logged-in to and/or using Data Perks and whether or not your device is in locked and/or sleep mode. The following are examples of the types of push notifications we may send, depending on your Data Perks account and your preferences: current offers, service-related and/or inactivity reminders.

Data Perks does not charge a fee for sending push notifications. You may also adjust push notifications at any time through your device notification settings.

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 App on a single device owned and controlled by You ("Device"), and to access and use the App 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 App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (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 App in a manner that derives revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (g) use the App 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; (h) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (i) 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 Apps, accessories or devices for use with the App; (j) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device or (k) 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 App. 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 App.

The App (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 App are the proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. The App is licensed, not sold, to You. Title to the App 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 App (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 App by implication, estoppel or other legal theory, and all rights in and to the App 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" (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 App 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 App 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.

5. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.

The App may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties ("Third Party Content and Services"). AT&T will provide Data Perks offers subject to the general terms and the specific terms and conditions of the applicable offers. Your use of Third Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. AT&T does not investigate, monitor, represent, endorse or publish the 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 App. AT&T shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third Party Content and Services.

6. 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 App, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by AT&T. AT&T may terminate, suspend or disable your access to Data Perks if AT&T determine that your use violates this License, violates any applicable law or regulatory, or for fraud or other misuse. Upon the termination of this License, You shall cease all use of the App and uninstall the App. 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.

7. DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT THE APP, 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 APP 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 APP, 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 APP WILL MEET YOUR REQUIREMENTS; (II) THE APP 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 APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP 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 APP 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 APP 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 APP 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 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 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 APP, 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 APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP 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.

9. 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, in connection with or related to the following: (i) Your access to or use of the App 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 App. These obligations survive termination of this License.

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 this License, the Application or Your use of the App must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the WCA. 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.

10.2 Contact Information.

You may reach AT&T Customer Service by dialing 611 from Your Device or 1-800-331-0500 or visiting att.com/myatt.

10.3 Severability.

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.

10.4 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.

10.5 Export Control; Lawful Use.

You may not export or re-export the App except as authorized by United States law and the laws of the jurisdiction(s) in which the App was obtained. You represent and warrant that You are not located and will not use the App 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 App in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the App, or (b) by local law, in the jurisdiction(s) in which You use the App.

10.6 Performance or Benchmark Testing.

You may not disclose the results of any benchmark test using the App to any third party without AT&T's prior written approval.

10.7 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 App or at att.com/legal. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App following the date in which the modified or amended License is made available through the App or at att.com/legal.

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 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.

10.10 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.

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 App in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the the process detailed at http://www.att.com/legal/terms.dmca.html and directed to the designated agent listed below. AT&T's Copyright Agent for notice of claims of copyright infringement relating to the App 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 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 App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

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