AT&T Device Help Terms of Service and End User License Agreement

AT&T Mobility LLC ("AT&T"), licenses the AT&T Device Help 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 APPLICATION, 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 APPLICATION TO BE USED BY PERSONS UNDER THE AGE OF 13; (D) AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, http://www.att.com/legal/terms.aup.html, (E) AGREE TO THE TERMS OF THE AT&T PRIVACY POLICY, http://www.att.com/gen/privacy-policy?pid=2506, AND (E) 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 APPLICATION. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE WCA, THE APPLICABLE PROVISION OF THE WCA SHALL CONTROL.

If at any time after reviewing or using the Application You wish to terminate such use or this License, You must stop using the Application. This License will automatically terminate if You stop using the Application or 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 LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) "Application," "App," or "Device Help" means the Device Help application, any website, software, content or services provided in connection with the Application, and any updates to these items; (c) "You," "Your" and "Licensee" mean an individual who downloads or uses Device Help and any person or entity represented by that individual.

2. THE APPLICATION:

2.1 General.

The Application allows You to manage and troubleshoot your mobile device and can assist you by automating or facilitating on-device tasks. Use of the Application is free to AT&T wireless customers with compatible devices. Voice, data and messaging rates may apply when You use this Application.

2.2 Information used by the Application.

In order to provide diagnostic information to allow You to manage and troubleshoot Your mobile device, as well as to improve the Application, the Application will use information such as the following:

2.2.1

Personal Information as set forth in Section 2.4.

2.2.2

Device information, such as battery, memory, applications, storage, and related device settings.

2.2.3

Device and network connectivity.

2.2.4

Operating system and related settings.

2.2.5

Your AT&T Device Help application usage and diagnostic information.

2.3 CONSENT TO DISCLOSE PERSONAL INFORMATION:

This Application may disclose or allow the disclosure to third parties of Your personal information for purposes of providing Application services, including without limitation mobile phone number, SIM card number, device serial number, IMEI, and the status of your device's network connectivity, battery, memory, storage, operating system and related device settings that may impact device performance in these areas.

2.4 PUSH NOTIFICATIONS.

When you are logged into the Application, 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 the Application 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 preferences: alerts regarding device connectivity and diagnostic information.

The Application 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 6.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use this copy of the Application on a single device owned and controlled by You ("Device"), and to access and use the Application on such Device, strictly in accordance with the terms and conditions of this License, and 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; (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" (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.

5. User-Submitted Content.

5.1

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.

5.2

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.

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 Application, 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 Application 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.

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 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; (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 7 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 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 8 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 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.

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 Application 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 10.1 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 if You are an AT&T Wireless service subscriber or 1-800-331-0500 or visit http://www.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 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.

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.

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 http://www.att.com/legal/terms.deviceHelpEULA.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.

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 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:

Manager of Security & Copyright Infringement,
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
E-mail: copyright@att.com

For further information, see https://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.

10 2016