End User License and Service Agreement for
AT&T Call International
AT&T Call International
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON
OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
THIS APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.
BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN SECTION 9 OF THIS LICENSE.
Please read this End User License and Service Agreement (also referred to as "License Agreement" and "License") carefully before clicking the "Accept" button or downloading or using AT&T Call International ("Application"). As used herein, "Application" includes, without limitation, any services specific to the Application (excluding, however, Your applicable wireless service plan), software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. These terms are an agreement between You and AT&T Mobility LLC and its affiliates (individually and collectively, "AT&T"). "You" and "Your" in this License refer to you, an individual, and/or to the company on whose behalf you accept this License.
Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, including without limitation those listed in the "Third Party Terms" section of this License, (iv) Your applicable wireless service agreement, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi) collectively being referred to as the "Related Agreements"). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or Your obligations under any Related Agreement between You and AT&T, or waiving any restrictions on Your rights under any Related Agreement between you and AT&T.
If AT&T makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
1. THE APPLICATION: AT&T Call International allows you to make international calls that originate over the circuit-switched network from the United States, Puerto Rico, and the U.S. Virgin Islands. AT&T Call International also allows you to make international calls from a Wi-Fi connection outside the U.S., Puerto Rico and U.S. Virgin Islands when using an iPhone or Android device; however, AT&T Call International may not be used in the countries listed in Section 2.1 below. When using the Application to make international calls from a Wi-Fi connection outside the U.S., Puerto Rico and the U.S. Virgin Islands, it is Your responsibility to ensure that You are utilizing a Wi-Fi connection only, and also that You are not using the Application in one of the prohibited countries listed in Section 2.1 below. You must ensure that you are connected to a WiFi hotspot abroad before utilizing the Application. Unless you are using the application while connected to a Wi-Fi hotspot abroad, AT&T's applicable international roaming rates will apply for any calls placed from Your device. AT&T Call International is not designed to replace your current mobile telephone service. No inbound calling is supported. In order to use the Application, You must have wireless data capability.
To use the Application, first access and open the AT&T Call International Application on Your device. When making an international call with the Application, you must see BOTH the AT&T Call International Application dial pad, and hear the AT&T Call International tone when the call is being connected. Blackberry users must see the AT&T Call International connection box displayed after initiating an international call from the device's native dialer. Please note that if you are connecting to an international number without the AT&T Call International Application screen being displayed and without hearing the AT&T Call International tone, you have not accessed the Application, and you will be charged AT&T's applicable international long distance rates or roaming rates for that call. The Application is subject to termination or suspension, with or without notice, if we determine, in our sole discretion, that your use of the Application is unreasonably excessive or abusive, or otherwise violates any of the terms of this Agreement or the Related Agreements. The Application does not support or terminate emergency (i.e., 911) initiated calls.
1.1 WIRELESS AIRTIME AND DATA CHARGES. Every international call placed from the U.S., Puerto Rico and U.S. Virgin Islands using AT&T Call International is carried to some extent over the public switched network and will consume airtime that will be deducted from your applicable wireless plan voice minutes, in addition to the charges You incur for the international portion of the call using AT&T Call International. For each call placed from the U.S., Puerto Rico or U.S. Virgin Islands, there is also a small amount of data used to enable set-up of each call, and it will be charged to you at applicable data rates. A small amount of data also is consumed when the AT&T Call International Application is downloaded to Your device and when You use the Application to Create/Update Account and Authenticate/Login. Chargeable data usage also will occur whenever You browse for any information (i.e.: access "My Account" or "About" information and perform tasks within these areas of the Application); and during location determination in the U.S. or abroad. In addition, when You sign up for Your AT&T Call International Account, You will be sent an SMS message to enable download of the application. Normal messaging rates apply for this SMS message. You may also be sent service-related emails. Normal data charges apply for these service-related emails.
1.2 AUTOMATIC RENEWAL - The term of this Agreement ("Term") begins on the date and time that You Create/Set-Up an Account for the Service and is for 30 days. The Plan automatically renews on a 30 day monthly basis without further action by You unless You cancel before the end of your then current service term by calling us at 877-748-5222, 10:00a.m. - 8:00p.m. Eastern Time, Monday through Friday.
You are purchasing the Service for the full 30 days, meaning that if You attempt to terminate Service prior to the end of a monthly term, You will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges all of which immediately become due and payable. Expiration of the term or termination of the Services does not excuse You from paying all unpaid, accrued charges.
1.3 911, 411, 611& SERVICE LIMITATIONS. The Service does not provide 911, 411, or 611 services. The Service is not a replacement for your wireless telephone service and you cannot make emergency (911) calls using the Service. However this does not prevent you using your mobile phone for making emergency calls. Neither 911, nor e-911 service, nor any other emergency service is available through the Service. If you dial "911" while using the Service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.
1.4 PAYMENT. You must provide AT&T with a valid credit card number from an issuer that is accepted by AT&T. You authorize AT&T to charge the credit card number provided by You ("Credit Card") for all charges arising from Your use of the AT&T Call International Application. Wireless airtime or data charges You incur will be billed to Your AT&T Mobility bill. You agree to notify AT&T of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. AT&T shall not be responsible for any charges made by the Credit Card issuer to Your Credit Card account for exceeding credit limit, insufficient funds or other reasons.
1.5 BILLING. AT&T will provide You with a monthly on-line billing statement for the Services and will bill international long distance charges to Your designated Credit Card. Such charges may include activation fees, monthly service fees, disconnection fees, international toll charges, taxes, regulatory fees and surcharges, and any other applicable charges. Monthly service fees, if applicable, are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service. AT&T reserves the right to immediately charge the Credit Card for cumulative charges due, if at any time Your international toll minutes for the current month reach fifty ($50.00) dollars. Billing for monthly service fees , if applicable, commences upon purchase of the Services on the web site, regardless of whether You use AT&T Call International or not.
1.6 International Rates & Rounding of Charges - Calls to a phone number outside the United States will be charged at the current rates published on the AT&T web site at http://www.callinternational.att.com. The duration of each call will be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When You dial an International telephone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by You to an International mobile number, rather than wireline, or information services or premium rate telephone number may result in higher toll charges. You should not attempt to place calls while on an airplane or ship at sea, as call quality due to throughput is not expected to be sufficient. In addition, many factors unrelated to the application can adversely impact the ability to place a call over Wi-Fi, including end to end signal quality, device and antenna, bandwidth or congestion on Wi-Fi hotspot.
1.7 LATE/NON-PAYMENT. If any charges for the Service are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, AT&T may suspend or terminate the Service and all accrued charges shall be immediately due. No suspension or termination of the Service or of this Agreement shall relieve You from paying any amounts due hereunder. Late payment charges are based on the service address You provided when you created Your AT&T Call International Account. You agree that for amounts not paid by the due date, AT&T may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of $5 in CT, D.C., DE, IL, KS, MA, MD, ME, MI, MO, NH, NJ, NY, OH, OK, PA, RI, VA, VT, WI, WV; the late payment charge is 1.5% of the balance carried forward to the next bill in all other states. In the event you fail to pay billed charges when due and it becomes necessary for AT&T to refer your account(s) to a third party for collection, AT&T will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover the internal collection-related costs AT&T has incurred on such account(s) through and including the date on which AT&T refer(s) the account(s) to such third party.
1.8 TAXES. Prices for the Service do not include any customs duties, sales, use, value added, excise, federal, state, local taxes or fees related to, public utility, universal service or other similar assessments. All such taxes and fees shall be paid by You and will be added to any amounts otherwise charged to You unless You provide AT&T with an appropriate exemption certificate. If any amounts paid for the Service by You are refunded by AT&T, applicable taxes may not be refundable.
1.9 PRICE CHANGES. AT&T may change the price of your Service, and the prices for international toll calls, taxes or fees may change without any advance notice. In the event of a change in prices or toll charges, AT&T will post such changed rates to the web site currently located at www.callinternational.att.com. Calling rates for international long distance calls placed from the U.S., Puerto Rico and U.S. Virgin Islands are also accessible/viewable from the AT&T Call International Application by accessing "My Account" on Your device. In order to view the most current calling rates from the AT&T Call International Application, You are responsible for updating the Application to ensure that you are using the most current version. No other notice shall be provided for changes to international calling rates.
1.10 PROHIBITED USES. Any use of the Service or any other action that causes a disruption in the network integrity of AT&T or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Service at the sole discretion of AT&T. You understand that neither AT&T, nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Service. You agree that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting the infringement of the rights of others, or the interference with the users, services, or equipment of the network). You agree and represent that You are purchasing the Service for Your own internal use only, and shall not resell, transfer or make a charge for the Service without AT&T's advance express written permission.
1.11 RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF YOUR COMMUNICATIONS. You are solely responsible for maintaining the confidentiality of Your account, and agree not to transfer, lend or otherwise transfer use of or access to the AT&T Service, to any third party. You are also solely responsible for any and all activities that occur under Your account. You agree to immediately notify AT&T of any unauthorized use of Your account or any other breach of security related to Your account or the AT&T Service, including if your phone/device or credit card should become lost or stolen, and to ensure that You "log off"/exit from Your account (if applicable) at the end of each session. AT&T is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations. In consideration for using the AT&T Service, You agree to: (1) provide certain current, complete, and accurate information about You when prompted to do so by the AT&T Service, and (2) maintain and update this information as required to keep it current, complete and accurate. You agree that any such information shall be accurate. You agree that You are solely responsible for the content of all communications ("Communications") made by You in using the Service. You further agree not to use the Services to communicate any message that is harassing, libelous, threatening, obscene, indecent, violates the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. AT&T reserves the right to investigate and take appropriate action against anyone who, in AT&T's sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Services is void where prohibited. You are responsible for all costs, damages and other liabilities that may arise from the Communications made by You to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service will comply at all times with all laws and regulations.
1.12 COMMUNICATIONS. AT&T Call International is provided primarily for continuous live dialog between two individuals and may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive calls, call lengths or numbers and/or consistent excessive usage, multi-party calling, will each be considered indicators that use may be inconsistent with normal use, that impermissible use may be occurring and/or that such use is detrimental to our operations or our other customers' use or availability of the Service. In such cases, we reserve the right to review Your account, and in our sole discretion, suspend or terminate the Service. Measures of excessiveness may also be assessed by us based on comparisons to the usage patterns and levels of our other customers. If Your account is subject to review and we contact You, failure to contact us in response to our notifications and/or failure to promptly correct usage activity to conform to normal use will result, in immediate suspension or termination of Service.
1.13 LAWFUL PURPOSES. You may use our Service only for lawful, proper and appropriate purposes. You may not use our Service in any way that is illegal, improper or inappropriate. As a means of example only, you may not use our Service for auto-dialing, continuous, or extensive call forwarding, Inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or, fax or voicemail blasting, or for continuous or extensive chat line access; or use of an open telephone line as a monitor, intercom or transcription service. And, you shall not use: i) our Service to impersonate another person; ii) automated devices or programs to distribute information from our Service or use any automated means to manipulate our Service; or iii.) our Service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to our Service. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of Service, length of Service, IP address(es), email address(es), and all other account information in response to law enforcement or other governmental requests; as required by law, regulation, rule, subpoena, search warrant or court order; as necessary to identify, contact or bring legal action against someone who may be misusing the Service; to protect AT&T's rights and property; or in emergency situations where disclosure of such information is necessary to protect AT&T customers or third parties from imminent harm.
1.14 RIGHT TO DISCONNECT. We have the right to suspend or discontinue Your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect Your access to the Service at any time without notice in the following circumstances:
If we determine that You have used the Service or the Application for an unlawful or inappropriate purpose or Your use does not conform to the requirements in this Agreement or that it interferes with our ability to provide the Service to You or others; if any charge to Your payment method is declined or reversed or in the case of any other non-payment; or if we determine that You have used the Service or the Software in violation of any laws or regulations or that you have tampered with the Software.
Our action or inaction under this section does not constitute any review or approval of Your action or use or content.
1.15 TERMINATION. You agree to provide AT&T with thirty (30) days notice of termination. You shall be responsible for the full monthly service fee, if applicable, for the month during which the notice of termination of service is provided to AT&T. AT&T reserves the right, at its sole and absolute discretion, at any time and for any or no reason, to suspend, terminate or change the Service, this Agreement, and the rights afforded to You hereunder with or without advance notice , including without limitation, misuse of the Services in any way, Your breach of this Agreement, Your failure to pay any sum due hereunder, suspected fraud or other activity by You or others that adversely affects the Service, AT&T, AT&T's network, or Your use of the Service. AT&T reserves the right to determine, at its sole discretion, what constitutes misuse of the Service and You agree that AT&T's determination is final and binding on You. AT&T may require an activation fee to change or resume a terminated or suspended account. Upon the termination of this Agreement, You shall cease all use of the Application and uninstall the Application. These obligations survive termination of this Agreement.
1.16 SECURITY. AT&T Call International utilizes the public Internet to provide voice communication services. Accordingly, AT&T cannot guarantee the security of Your voice communications.
This Application accesses and uses Your personally identifiable location information ("Your Location Information") in order to determine your call origination location. If the Application cannot determine Your location, the Application cannot be used. By using this Application, You agree that AT&T may collect and use Your Location Information for such purpose. AT&T does not retain Your Location Information longer than is reasonably necessary for such use. AT&T may also aggregate and use location information, after removing or obscuring any of Your personally identifiable information, for other purposes, including, without limitation, to report usage, or to maintain and improve the Application. This notice will serve as Your sole notice that the Application may collect Your Location Information, and You may not receive any reminders or further notice.
2. LICENSE GRANT AND USE RESTRICTIONS.
2.1 License Grant. Subject to the restrictions set forth in Section 2.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You ("Device"), and to access and use the Application on such Device solely for Your personal use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind. You further represent, warrant and agree that You will use the Application only in countries where Wi-Fi or VoIP calling is permitted and You acknowledge that this Application will NOT operate in the following countries: Bahrain, China, Costa Rica, Cuba, Curacao, Honduras, India, Iran, Israel, Kenya, Kuwait, Lithuania, Mexico, Morocco, Myanmar, North Korea, Pakistan, Panama, Qatar, Saudi Arabia, Sudan, Syria, Turkey, UAE, Uruguay, and Vietnam. When using this Application on Wi-Fi networks outside the U.S., Puerto Rico and U.S.V.I., you acknowledge that applicable calling rates apply only for mobile-originated calls and that inbound calls cannot be routed through this Application. Regular international roaming calling rates apply to all inbound calls while abroad, as well as any outbound calls made over a GSM wireless network (or made outside of a Wi-Fi connection).
2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or 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 the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute 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, disseminate, 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.
3. INTELLECTUAL PROPERTY RIGHTS.
3.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use 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. 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 collaborators, licensors and suppliers. 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.
3.2 AT&T Marks. You acknowledge and agree that 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" and "AT&T Call International™" (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.
3.3 Open Source Software. The Application may utilize or 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, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, 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.
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.
4.1 General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties ("Third Party Content and Services").
4.2 Disclaimer. You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services.
4.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that AT&T and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.
4.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T of such 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 Application, although AT&T has no obligation to restrict or deny access even if requested by You.
4.5 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that AT&T and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
5. 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, 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.
6. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, 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 OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, 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 OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. 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. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
7. 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 THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, 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. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
8. 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 or in connection with 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.
9. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 9.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if AT&T has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those 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 License 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.
9.1 Arbitration Agreement.
9.1.1 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 arose before this License or any prior agreement (including, but not limited to, claims relating to advertising);
- 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 License.
For purposes of this Section 9.1 only, references to "AT&T," "You," "Your" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this Application, or of services or devices under this License or prior agreements between us. 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 License, You and AT&T are each waiving the right to a trial by jury or to participate in a class action. This License 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 License.
9.1.2 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 of 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.
9.1.3 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 $125 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 and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License, and will be administered by 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 http://att.com/arbitration-information.) The arbitrator is bound by the terms of this License. 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.
9.1.4 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.
9.1.5 The right to attorneys' fees and expenses discussed in paragraph 9.1.4 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.
9.1.6 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.
9.1.7 Notwithstanding any provision in this License 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) while this License is in effect, 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.
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 the Application or Your use of the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.
10.2 Contact Information. In the event that You have a question, complaint or claim regarding Your use of the Application, please call 877-748-5222 during the following business hours: For Technical Support: Monday ¿ Saturday, 8:00 a.m. to Midnight Eastern Time; For Billing Support: Monday ¿ Friday, 10:00 a.m. to 8:00 p.m. Eastern Time. Frequently Asked Questions and more detailed information also are available at www.callinternational.att.com.
10.3 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 shall not be affected and each remaining provision of this License shall be 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 Jurisdictional Issues, Export Control. This Application is intended for use within the United States of America, Puerto Rico and U.S. Virgin Islands. Although it will operate in select countries abroad on Wi-Fi networks, AT&T makes no representation that this Application is appropriate or available for use in these select countries abroad. If You choose to access or use the Application from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Application from jurisdictions in which the Application, in whole or in part, is illegal or penalized is prohibited. 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 Persons List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
10.6 U.S. Government Restricted Rights. The Application was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.
10.7 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.
10.8 Modification or Amendment. AT&T may modify or amend the terms of this License at any time, with or without notice to You, by making a copy of the modified or amended License available through the Application, or at www.callinternational.att.com. 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.
10.9 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.
10.10 Third Party Beneficiaries. Except as explicitly provided in this License or in the Related 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.
10.11 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. AT&T may assign this License without restriction.
10.12 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 Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T's Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A specific description of where the material that You claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T's Copyright Agent for notice of claims of copyright infringement on the Sites 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: email@example.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.net/legal/copyright.
Third Party Terms. The below Third Party Terms are incorporated herein and made part of this License:
APPLE: Additional provisions and Usage Rules required by Apple, Inc. ("Apple") may be found at http://www.apple.com/legal/itunes/appstore/us/terms.html. If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and AT&T acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
RIM: If Your Device is manufactured by Research In Motion Ltd. ("RIM") or if You obtain the downloadable Application through the BlackBerry App World, You acknowledge and agree that RIM and any merchant of record ("MoR") that made this Application available to You within the BlackBerry App World are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, both RIM and any MoR will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.
MICROSOFT: If You purchase or download the Application from the Windows Phone Marketplace, subject to all other provisions of this License: (a) notwithstanding paragraph 2.2(f) and (g), You may install and use one copy of the Application on up to five (5) mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the Application on a device You do not own or control. (b) You acknowledge and agree that neither Microsoft, nor the manufacturer of Your Device(s) shall have any responsibility to provide to You any maintenance or support services in connection with Your use of the Application. (c) SUBJECT TO AND WITHOUT LIMITING THE GENERALITY OF SECTION 7, MICROSOFT'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION.
10.13 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.