End User License Agreement For AT&T eBonding Application
THIS END USER SOFTWARE LICENSE AGREEMENT ("LICENSE" OR "AGREEMENT") GOVERNS THE USE OF THE AT&T E-BONDING APPLICATION ("APPLICATION") ACCOMPANYING THIS LICENSE. UNLESS YOU ARE SIGNING A PAPER COPY OF THIS LICENSE, BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. THIS LICENSE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THE AT&T PRIVACY POLICY LOCATED AT Privacy Policy AND THE AT&T ACCEPTABLE USE POLICY LOCATED AT Acceptable Use Policy, BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. AT&T MAY MODIFY THESE POLICIES BY POSTING CHANGES TO THE POLICIES, AND YOU AGREE TO BE BOUND BY THESE POLICIES, INCLUDING ANY POSTED CHANGES.
FOR PURPOSES OF THIS LICENSE, "AT&T" MEANS AT&T SERVICES, INC. OR THOSE OF ITS SUBSIDIARIES OR AFFILIATES THAT OWN, HAVE ANY INTEREST IN, OR HAVE THE RIGHT TO LICENSE THE APPLICATION. "YOU" OR "YOUR" MEANS THE BUSINESS ENTITY WHO EXECUTES THIS AGREEMENT, AND ITS EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, AND SUCCESSORS.
1. The Application.
The "Application" is for use of AT&T's eBonding middleware software that allows an interface between Your ticket management system and corresponding AT&T systems. As used in this License, the Application includes all of the computer programs, software instructions, and programming code, including Application Programming Interfaces (APIs), and all associated written and electronic documentation relating to the eBonding middleware.
2. General.
The Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. The term "Application" refers to and consists of the following: (i) the software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific website the Application directs You to via any browser located on the recipient device or computer.
3. Ownership and Restrictions:
AT&T remains the owner of the Application. You shall not modify the Application or remove, delete or otherwise alter or obscure any trademarks or notices in the Application. You will not use the Application to access any service or equipment other than as an eBonding customer of AT&T. You may modify the Application provided that the Application, including the modifications, are used only for Your own use and consistently with the scope of this License. You will not sell or resell the Application, either alone or as part of software that You create.
4. License Grant and Restrictions on Use.
4.1 License Grant.
Subject to Your acceptance of and compliance with this License, AT&T grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application in conjunction with the ticket management system software implementations that are controlled by You, and to access and use the Application with the ticket management system to interface with AT&T eBonding services and strictly in accordance with the terms and conditions of this License.
4.2 Restrictions on Use.
You agree to use the Application strictly in accordance with the terms of this License, and You agree that You will not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application, except as authorized herein; (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 affiliates, partners, suppliers or the licensors of the Application; (e) resell or use the Application for any revenue generating endeavor, commercial enterprise, other than the use of this Application to facilitate an eBonding integration with AT&T; or (f) 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.
4.3 License Restrictions related to Data Security.
You are solely responsible for the content of Your server computer(s), firewalls, virus scans, and defenses against distributed denial of service attacks. You agree not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to interfere or disrupt networks connected to the Application; (iv) not to use the Application to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (v) not to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
4.4 Restrictions on File Sharing.
You agree to download the Application to each mobile device or computer that intends to use the Application, and enter into this End User License Agreement each time, for each such download, and not make the Application available over a network or other cloud-based environment permitting access or use by multiple mobile devices or computer users at the same time.
4.5 Third Party Software.
The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be "open source" or "publically available" software.
5. Acceptable Use of the Software.
Your use of the eBonding application is at all time subject to the AT&T Acceptable Use Policy ("AUP") which may be viewed at https://www.att.com/aup and is hereby incorporated into this Agreement as though fully set forth herein. In accordance with the AUP, AT&T reserves the right to deny, disconnect, modify and/or terminate, without notice, the Member Account or the Service provided by AT&T and/or Yahoo to any customer whose use of the service violates the AUP. Examples of violations of the AUP include, but are not limited to: (i) unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/E-mail/Usenet abuse, (vi) uses which are harmful to or interfere with the use of AT&T's network or systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the services received by others, (viii) uses that constitutes a security risk or a violation of privacy. In addition, AT&T reserves the right to terminate or suspend the eBonding application for any of the reasons set forth in the AUP, including when AT&T reasonably determines that your use of the software (including use by others under your control) may expose AT&T to sanctions, prosecution, civil action or any other liability.
AT&T is not responsible for any content that You transmit, store, record or receive using the Software. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same.
6. Intellectual Property Rights.
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and will always remain, the property of AT&T. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its affiliates, licensors and suppliers. 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.
7. Restriction on Transfer.
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. You are not authorized to assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision will be null and void and of no force or effect.
8. Third Party Content and Services.
8.1 General.
You acknowledge that the Application may permit access to AT&T eBonding services. You are solely responsible for any trouble tickets or other submissions using the Application. If you use a password-restricted website to access the Application, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify AT&T immediately. AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Application website, the information, content, products and services made available to you on or through the website, and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account.
Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
9. Term and Termination.
9.1 Term.
This License shall be effective until terminated. Any such termination of the License by You shall become effective upon AT&T's receipt of Your notice. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. AT&T may, without notice to You, disable the Application. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.
9.2 Termination.
Either party may terminate this License on 60 days written notice to the other party. Furthermore, if You fail to comply with any terms and conditions of this License, then then AT&T may terminate this License immediately upon written notice. Upon the termination of this License, You agree to cease all use of the Application and uninstall the Application.
10. Disclaimer of Warranties.
THE APPLICATION IS PROVIDED TO YOU FREE OF CHARGE. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION 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. AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT AT&T HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
11. Limitation of Liability.
WHERE YOU HAVE AN EXISTING MASTER AGREEMENT WITH AT&T, THE LIABILITY BETWEEN YOU AND AT&T WITH RESPECT TO THE SOFTWARE WILL BE LIMITED AS SET FORTH IN SUCH AGREEMENT. WHERE NO SUCH MASTER AGREEMENT IS IN PLACE, NEITHER AT&T NOR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AT&T 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) WILL NOT EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Indemnification.
12.1 AT&T's Obligations.
AT&T agrees at its expense to defend and either to settle any third-party claim against You or to pay all damages that a court finally awards against You for a claim alleging that the Application infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) modifications to the Application by You, or combinations of the Application with any non-AT&T services or products by You; (b) AT&T's adherence to Your written requirements; or (c) use of the Application in violation of this Agreement.
12.2 Your Obligations.
You agree at Your expense to defend and either to settle any third-party claim against AT&T or to pay all damages that a court finally awards against AT&T for a claim that: (a) arises out of Your access to or use of the Application and the claim is not the responsibility of AT&T under Section 12.1; (b) alleges that the Application infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 12.1; or (c) alleges a breach by Customer, its Affiliate or a User of the Application.
12.3 Infringing Services.
Whenever AT&T is liable under Section 12.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Application so that it is non-infringing.
12.4 Notice and Cooperation.
The party seeking defense or settlement of a third-party claim under this Section 12 will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 12.
13. Compatibility.
13.1 Interoperability.
AT&T does not warrant that the Application will be compatible or interoperable with third-party provided software or services, or any other piece of hardware, software, equipment or device. Furthermore, You acknowledge that compatibility and interoperability problems can cause performance degradation, or failures, loss of the data, and corruption of files. You acknowledge and agree that AT&T and its affiliates, partners, suppliers and licensors are not, and will not be, liable to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
13.1 Effect on Transactions.
You acknowledge that AT&T's ability to deliver to You service-related terms, conditions and other disclosures that would normally be provided to You by AT&T for certain transactions you may make using the eBonding software may be limited by the capabilities of Your ticket management software and the eBonding application. By using the eBonding application, you acknowledge this limitation on AT&T's ability to provide you with terms, conditions and disclosures for each transaction and waive any and all claims you may have against AT&T arising in any way from AT&T's inability to deliver them to You. AT&T will make the terms, conditions and disclosures relevant to any transactions You make using the eBonding application available to You upon request.
14. Product Claims.
You acknowledge that You (not AT&T) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify AT&T of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release AT&T from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. THIS LICENSE MAY ALSO BE SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE AT&T SERVICE AGREEMENT, WHICH IN THE EVENT OF CONFLICT, SHALL CONTROL.
15.1 Dispute Resolution By Binding Arbitration
We each agree to resolve any disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.
15.2 Arbitration Agreement
- AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement, but that relate to this Agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
- After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules for business-to-business claims, as administered by the American Arbitration Association ("AAA"), unless both parties agree to follow the Consumer Arbitration Rules of the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
- If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
- pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
15.3 Puerto Rico Customers
For Puerto Rico customers, references to "small claims court" in sections 15.1 and 15.2 should be understood to mean the Puerto Rico Telecommunications Regulatory Board.
16. Miscellaneous.
16.1 Governing Law.
This License is deemed to take place in the State of Texas and is governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law principles. This License is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
16.2 Contact Information.
Please direct any questions, complaints or claims related to this License or Your use of the Application to the following:
AT&T Services, Inc.
Digital Experience – Business Solutions
2180 Lake Blvd. N.E.
Atlanta, GA 30319
16.3 Severability.
If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable will not be affected and each remaining provision of this License will be valid and enforceable to the fullest extent permitted by law.
16.4 Waiver.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License will not affect a party's ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute waiver of any subsequent breach.
16.5 Export Control.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that You will not use the Application for any purposes prohibited by any applicable law. You, not AT&T, are responsible for complying with such laws, conventions and regulations for all information, equipment and software that you transmit between countries using the Application.
16.6 Force Majeure.
AT&T will not be liable or accept responsibility for any delay, failure in performance, loss or damage due to any act or omission arising out of or associated with fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond AT&T's reasonable control.
16.7 Survival.
The respective obligations of You and AT&T which by their nature would continue beyond termination of this License survive termination of this License.
16.8 Third Party Beneficiaries.
Nothing in this License is intended or will 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.
16.9 Audit.
AT&T reserves the right to audit Your usage of the Application, upon reasonable advance notice and during business hours.
16.10 Future Changes to the License.
AT&T may modify or amend this License at any time, with or without notice to you, by posting a copy of the modified or amended License at https://www.att.com/legal/business.html. You agree to the modified or amended License if you continue using the eBonding application following the date they are posted.
16.11 Entire Agreement.
This License, including the documents incorporated herein by reference, constitutes the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
16.12 Enforceability and Admissibility.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Original signatures transmitted and received via facsimile or other electronic transmission of a scanned document, (e.g., .pdf or similar format) are true and valid signatures for all purposes hereunder and shall bind the Parties to the same extent as that of an original signature. This Agreement may be executed in multiple counterparts, each of which shall be deemed to constitute an original but all of which together shall constitute only one document.
IN WITNESS WHEREOF, the undersigned has accepted this agreement as of the last date set forth below.
For the Customer/Licensee:
For AT&T/Licensor: