AT&T Smart Limits Terms & Conditions


 

PLEASE READ THIS AGREEMENT FOR AT&T SMART LIMITSSM APP AND SERVICE. You are responsible for implementing and maintaining Smart Limits settings for devices on Your wireless account and explaining to any user associated with Your wireless account the limitations You impose on such user’s ability to access and use AT&T’s wireless services. If You are accepting this Agreement, as an account holder of an AT&T wireless account for which there are multiple devices, You are accepting these Terms on behalf of each user of devices including without limitation any minors or children who are authorized users of device(s) assigned to Your account. You acknowledge and agree that even if You are not the account holder for the wireless service associated with Your device, Your purchase and use of AT&T Smart Limits is subject to this Agreement and other applicable terms. By downloading, installing or using this App and/or AT&T Smart Limits Service, You indicate that You have read and accept the AT&T Smart Limits Agreement and that You consent to the use of Your information in accordance with these terms. Upon activation of Smart Limits, Your applicable AT&T wireless account will be charged a monthly subscription fee unless and until You cancel the Service or if You purchase AT&T Smart LimitsSM from the App Store on iTunes, You can renew Your subscription every thirty (30) days via the iOS app. Such fees will apply regardless of whether or not You have accessed or used any of the features and settings. Data and messaging rates may apply to the use of this App and service. You may cancel Your Smart Limits subscription at any time. If You purchase this App from a Third Party, Your purchase may also be subject to applicable Third Party terms.

 

AT&T SMART LIMITS AGREEMENT

 

The terms "Smart Limits Service," "Application," "App," and "Service" are used interchangeably herein, and each of these terms includes without limitation, the Smart Limits downloadable Application, web-based user interface, and the Smart Limits service, along with any other services specific to the Application, user interface and/or Smart Limits service (excluding however, Your applicable wireless service plan), and all 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, user interface and/or Smart Limits service or this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, 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 13 UNLESS AND UNTIL THEIR PARENT OR GUARDIAN CONSENTS TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE AND DISCLOSURE OF PERSONAL LOCATION INFORMATION AND OTHER PERSONAL INFORMATION AS DISCLOSED HEREIN. IF YOU ARE AN AT&T WIRELESS ACCOUNT HOLDER AND YOUR DEVICE(S) ARE USED BY YOUR CHILD WHO IS UNDER 13 YEARS OLD, BY DOWNLOADING THE APPLICATION TO SAID DEVICE(S) OR ACCESSING OR USING THE SERVICE YOU ARE CONSENTING TO THESE TERMS ON BEHALF OF YOUR CHILD. IF YOU DO NOT WISH TO CONSENT TO THESE TERMS ON BEHALF OF YOUR CHILD, DO NOT DOWNLOAD THE APPLICATION TO YOUR CHILD’S DEVICE. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION UNLESS AND UNTIL YOUR PARENT CONSENTS TO THIS AGREEMENT AS INDICATED ABOVE. 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 AGREEMENT AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT AND THE RELATED AGREEMENTS.

THIS AGREEMENT IS SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE AT&T WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME WHICH IS THE SAME CLAUSE IN SECTION 10 OF THE AGREEMENT.

PART I. AT&T SMART LIMITS SERVICE

1    AT&T Smart Limits Service provides features that can help You manage use of mobile devices on Your wireless account (“Managed Line”) including but not limited to (a) set limits on outgoing and incoming texts, (b) block access to cellular data for a line on Your account, (c) set time restrictions regarding texting, outbound calling and cellular data use, (d) set purchase limits on charges that can be billed via Your AT&T bill, (d) block up to thirty (30) domestic phone numbers from calling or texting (including 411), (e) establish a list of up to 15 contacts that a Managed Line can call or text (incoming and outgoing) (“Allowed Numbers”) (f) view activity (including activity graphs) and alerts and receive reports regarding the amount of texting and calling, (g) receive customized alerts through the activity feeds within the Service for new contacts and text and call activity, h) manage and receive SMS and email notifications about calling and texting activity and purchase and text limits, i) manage SMS notification to the Managed Line when 75% and/or 100% of purchase and text limits are reached, and j) view contacts feature such as contact rank, and contact details. IMPORTANT NOTICE: Features and functionalities vary by mobile operating system. The iOS App does not support ability for an account holder to manage SMS and email notifications about calling and texting activity and purchase and text limits, manage SMS or email notifications to the Managed Line regarding purchase and text limits reached, view activity graphs or view the Contacts feature. AT&T reserves the right to add or remove features without notice. See the Important Information and Limitations about the Smart Limits Service Section below for more detail.

1.1    CONSENT TO DISCLOSE PERSONAL INFORMATION: In order to perform the functions of this Service, AT&T, its pertinent suppliers and their subsidiaries and agents may collect, maintain, process and use Your personal information in accordance with the AT&T Privacy Policy. To perform the functions of the Service, AT&T will provide the account holder with usage information and other personal information of each authorized user of such account, such as names and numbers called, time of calls, and purchases billed to the account. By using this Service, You agree to any applicable disclosures and uses of Your personal information. AT&T also may aggregate and use Your Personal Information to report usage or to maintain and improve the Service. This notice may serve as Your sole notice that the Service may collect Your Personal Information and You may not receive any reminders or further notice. If You wish to stop allowing Your Personal Information to be collected, You must unsubscribe from the Service.

1.2    REQUIREMENTS: Smart Limits Service requires internet access, a compatible mobile device or a compatible computing device. Smart Limits Service is intended for use by AT&T customers in the United States and Puerto Rico and U.S. Virgin Islands and may not work outside AT&T network coverage areas. Smart Limits cannot manage use on AT&T prepaid phones, or lines on corporate accounts. Smart Limits may not be compatible with all AT&T applications and services (e.g HD Voice services), please review any new AT&T applications and services for compatibility.

1.3    REGISTRATION, ACCOUNT, AND SECURITY: By activating the Service, You acknowledge and agree that information concerning the voice calling, cellular data, texting, and contacts relating to Your mobile device or the devices of users associated with Your wireless account may be disclosed to AT&T, its suppliers, and the authorized representatives as part of the Service, and You further agree to notify any users associated with Your wireless account concerning this disclosure of such information. You also represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users on Your account. You agree to be responsible for all activities and purchases occurring under Your account and for all authorized users of devices associated with Your account. You understand and agree that even if You are not the account holder for Your device, Your purchase and use of the Smart Limits Service is subject to this Agreement and the other applicable terms. When You initialize the Service for a Managed Line, the Smart Limits Service may send periodic notices to the account holder or the Managed Line via SMS text message or send email to the account holder regarding information about the Service.

You are responsible for implementing and maintaining Smart Limits settings for devices associated with Your wireless account and explaining to any user associated with Your wireless account the limitations You impose on such user’s ability to access and use AT&T’s wireless services.

If You do not have an AT&T Access ID, You will be required to create an AT&T Access ID when You sign-up for Smart Limits Service. You are responsible for keeping Your AT&T Access ID and associated password secure. AT&T is not liable for any unauthorized use of the Smart Limits Service or for any damage or loss that You may suffer as a result of any unauthorized use of Your AT&T Smart Limits service.

1.4    REGARDING YOUR USE

You agree to use the Service or the information provided thereby only for personal and lawful purposes, and You agree to comply with all applicable laws and rules and any additional terms that AT&T may incorporate into this Agreement. You agree that You will not misuse the Service. You will be responsible for any costs incurred by AT&T or any other party (including attorneys’ fees) as a result of Your use, misuse, fraudulent, or unlawful use of AT&T Smart Limits Service. Misuse or fraudulent use include, but are not limited to,

  • Subscription fraud or unauthorized access
  • Using the Service to defame, harass, stalk, threaten or otherwise violate the legal rights of others
  • Using the Service to distribute or convey personal information without permission

 

1.5     FEES AND CHARGES ASSOCIATED WITH THE SERVICE

BILLED BY AT&T: If You subscribed to this Service through AT&T, a monthly subscription fee will be billed to the applicable AT&T wireless account. The price stated may exclude taxes and surcharges. You are responsible for any taxes, surcharges and for all other charges. All voice, data and messaging usage will be billed in accordance with the applicable plan, feature or bundle. Data charges apply when accessing the Service including, but not limited to, reviewing messages from Your mobile device. Messaging charges may apply to texts such as Smart Limits notifications when using Your mobile device. If You cancel the Service, or are canceled for non-payment, or are otherwise suspended from the Service, Your settings will be de-activated.

You may cancel the Service at any time by going to att.com/myATT or calling AT&T Customer Support at 800-331-0500 (or 611 from Your mobile device) to request cancelation of the Service, or going into an AT&T retail store.

Unless and until You or AT&T cancel or terminate Your Smart Limits Service, Your applicable AT&T Wireless Customer account will continue to be charged the monthly fee for the Service.

OTHER: If You subscribe to this Service through App Store on iTunes, the cost of the service applies for thirty (30) days of use. Unlike purchase through AT&T, the Service does not auto-renew when purchased through the App Store on iTunes. You must renew every thirty (30) days via Apple In-App Purchase. If You do not renew the Service every thirty (30) days, the Service will be deactivated. Purchase is also subject to App Store iTunes terms.

AT&T reserves the right to terminate Your Smart Limits Service with or without cause. These availability and features of the Service are subject to change at any time. AT&T will not be liable to You for any modifications, suspension, or discontinuation of the Service or of any of its features.

1.6    General Information about Smart Limits Service

  • The Smart Limits Service is not able to manage or control every form of communication with a mobile device and there may be technologies, applications or methods which circumvent Smart Limits settings. Smart Limits cannot currently be used to set specific monthly limits for minutes or data usage.
  • Data and messaging rates may apply for App download and usage.
  • Coverage not available everywhere. If You are on a plan which includes domestic and/or international roaming charges, Smart Limits does not block these charges. Limits and restrictions You set in Smart Limits may not be enforced while roaming.
  • You are responsible for keeping the time zone setting current and adjusting limits as necessary following any messaging plan changes. An incorrect time zone can result in inaccurate enforcement of usage limits and time restrictions. Time zone settings can be viewed and modified by logging in via the web-based interface or the Android App. IMPORTANT NOTE, Time Zone settings cannot be viewed or managed via the iOS App.
  • Smart Limits may over-count or undercount Your actual usage (e.g. Purchase Limits). Due to roaming, billing cycles, time zone settings, specific settings selected and other limitations that affect Smart Limits, You may incur overage charges based on actual usage in accordance with Your plan despite the settings You have put in place. You may also be prevented from fully using all minutes, messages or data usage (KBs/MBs) included in Your plan for similar reasons. Specific information about limitations and restrictions will be made available when You establish Your settings. Please read this information carefully before selecting the setting.
  • Unlimited services may be limited by the parameters You set in Smart Limits. For example, unlimited messaging may be capped at the Text Limits You set and unlimited data will be blocked by the Manage Cellular Data feature. You can change or remove the limits You set at any time. Technical, network and other service limitations may apply.

 

1.7    Important Information and Limitations about Smart Limits Service

1.7.1    Blocked Numbers

  • Blocked Numbers blocks voice calls and text messages only. It does not prevent the use of instant messaging sent/received using over the top (OTT) applications or third party messaging services (e.g., iMessages, WhatsApp, etc), MMS messaging (including group-text messages that are converted to group-MMS), Video Share or group texting. Blocked Numbers also does not restrict calls using Voice over IP (VoIP) or video-telephony applications, such as Skype or FaceTime.
  • There may be instances where an incoming call or text message from a Blocked Number is not blocked from reaching the Managed Line. For example, if the calling party number (Caller ID) on incoming calls is not available, Smart Limits cannot recognize it as an Allowed or Blocked Number.
  • Blocked Numbers can block 10 digits U.S. phone numbers with valid area codes and calls to 411. Blocks of other 10 digit numbers including international phone numbers are not guaranteed.

 

1.7.2    Allowed Numbers

  • The Allowed Numbers enables voice calls and text messages to those phone numbers that You designate as Allowed. We recommend that You set Your own phone number and the phone numbers of those You want the Managed Line to continue to call and text regardless of Text Limits or Time Restriction settings (“Allowed Number”) You have selected in Smart Limits.
  • Allowed Numbers can allow voice call and texts to and from 10 digit U.S. phone numbers with a valid area code and calls to 411. Other 10 digit numbers including certain international numbers are not guaranteed to be allowed when added to the Allowed Numbers list.
  • Allowed Numbers will not enable use of instant messaging sent/received using over the top (OTT) applications or third party messaging services (e.g., iMessages, WhatsApp, etc), MMS messaging or Video Share.
  • Depending on Your text messaging plan, You may incur overage charges because Allowed Numbers will enable texts to those phone numbers designated as Allowed even when text limits have been reached.

 

1.7.3    Text Limits

  • Text Limits restricts the number of text messages that can be sent or received in a billing cycle. This feature does not limit or restrict the use of MMS messages and/or instant messages sent/received using over the top (OTT) applications or third party messaging services (e.g., iMessages, WhatsApp, etc),
  • Group-text messaging may convert to group-MMS, depending on the device. Group-MMS messages are not counted against text-messaging limits.

 

1.7.4    Manage Cellular Data (Data Block)

  • When Manage Cellular Data is in the ON position, cellular data usage is blocked. For example, You will not be able to use applications that require a cellular data connection. Wi-Fi can still be used.
  • If You wish to deactivate Manage Cellular Data by turning it to the OFF position, the user of the Managed Line must restart their phone in order to restore a cellular data connection.
  • This feature will also prevent the ability to send or receive picture/video messages, use of 3rd party message services such as iMessage®, and access Visual Voicemail.

 

1.7.5    Contacts / Weekly Updates / Activity / Alerts/ Notifications

  • Contacts (including New Contacts), weekly updates, and alerts for text or call during school and late night hours are based on call and text messaging activity only. These updates and notifications do not reflect other activity such as instant messaging sent/received using over the top (OTT) applications and third party messaging services. (e.g., iMessages, WhatsApp, etc.), MMS messaging or Video Share.
  • Contacts (e.g., contact rank, contact details, etc), calling and texting activity graphs are viewable via the web-user interface and the Android App.
  • Notifications and Notification Settings with regard to SMS and email notifications about phone activity and purchase and text limits can be viewed and managed via the web-user interface and the Android App.
  • IMPORTANT NOTICE TO iOS Users: The Contacts feature and Calling/Texting activity graphs are not viewable via the iOS App. Notifications and Notification Settings with regard to SMS and email notifications to the account holder or Managed Line cannot be viewed or managed via iOS app. To access such features, login via the web-user interface or an Android app.

 

1.7.6    Purchase Limits

  • Purchase Limits allows You to set a monthly dollar limit for mobile content purchases (apps, games, etc.) that are direct-billed to Your AT&T Wireless Customer account.
  • Purchase Limits does not block and will not restrict credit card purchases from app stores.

 

1.7.7    Time Restrictions

  • Time Restrictions limit texts, outgoing calls and cellular data use at scheduled times and are enforced based on time zone of account billing address.
  • Incoming calls are allowed at all times including during time restrictions, except from numbers designated as "Blocked Numbers".
  • You can add Allowed Numbers that can continue to call and text with the managed line, even during Time Restrictions.
  • Restrictions on cellular data use are not guaranteed to be precise, and in some instances, Smart Limits may not fully enforce Time Restrictions.
  • After the Smart Limits feature has been added, the device must start a new data session for the cellular data restriction to take effect. This can be done by power-cycling the device (turning the device off and then turning it back on). After the initial power cycle, any changes to the Time Restriction feature may take up to an hour to take effect unless the device is power-cycled again.
  • Time Restrictions cannot be used to restrict cellular data use or MMS on Blackberry® (except Blackberry® LTE devices), Mobile Hotspot devices or tablets. Wi-Fi can still be used when Time Restrictions are in place.
  • Time Restrictions are not guaranteed to work for blocking or restricting DataConnect, LaptopConnect, tethering (connecting a wireless device to a laptop), BlackBerry email and BlackBerry® Connect services.
  • Voice mail retrieval is blocked during Time Restrictions unless the voice mail phone number is added as an Allowed Number. Dial 611 from your handset or 1-800-331-0500 for customer service if you do not know the voice mail retrieval number for the managed line.

 

NOTICE TO iOS Users: The iOS app does not include a feature that allows a user to create and label a Time Restriction or view such Time Restriction. If You labeled and created a Time Restriction via the web-user interface or the Android App, the Time Restriction created is active. However, You cannot manage or view it within the iOS App. To create, manage or view these Time Restrictions, access this feature through the web-user interface or the Android App.

 

PART II. LICENSE GRANT

Please read this end user software license agreement ("License") carefully before clicking the "Accept" button or downloading or using AT&T Smart LimitsSM Service or Application.

This Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. By clicking the "accept" button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the AT&T Acceptable Use Policy located at http://www.att.com/aup, and the AT&T Privacy Policy located at http://www.att.com/privacy, each as amended from time to time, which policies are incorporated herein by reference. If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession. You will continue to be charged any Application fee for Smart Limits Service unless and until You cancel the eService as indicated in Part I above.

Your purchase and 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, (iv) the applicable wireless service agreement for Your Device, (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), including without limitation those terms listed in the “Third Party Terms” section of this License, 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. You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.

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. This Application may be downloaded and used only by wireless customers of AT&T.

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 only on authorized devices associated with Your AT&T wireless account (“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. This Application may be used in the United States, Puerto Rico and the U. S. Virgin Islands.

2.2    Restrictions on Use. YYou 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 Smart Limits” (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. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services. AT&T and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices. AT&T encourages You to review the third parties’ privacy policies.

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.    User-Submitted Content.

5.1    5.1 The Application may contain features that allow You to submit, post or display content through the Application. You may not use or allow others to use the Application, directly or indirectly through Your Device or wireless number, nor upload, distribute, transmit, communicate, link to, public or access any data, information or material through, using or otherwise in connection with the Application, that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; or (c) infringes any copyright, trademark or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. This means that You, and not AT&T or its collaborators, suppliers, or licensors, are entirely responsible for all content that You provide via the Application. AT&T reserves the right to filter, edit, or control the user-submitted content posted via the Application and does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will AT&T or its collaborators, suppliers, or licensors be liable in any way for any user-submitted content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via the Application.

5.2    5.2 If You provide content through the Application (“User Submission”), You grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You. You also hereby waive any moral rights in Your User Submission. AT&T is under no obligation to post or use any User Submission You may provide and AT&T may remove Your User Submission at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein.

PART III. GENERAL TERMS AND CONDITIONS

6.    TERM AND TERMINATION. This Agreement 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 Agreement 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 Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this Agreement, 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 Agreement in accordance with its terms, and termination of this Agreement 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 Agreement.

7.    DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION 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 AGREEMENT, 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 UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION 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. THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.

8.    LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH 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. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

9.    INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of 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 Agreement; (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 Agreement.

10.    DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:

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 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.

10.1    Arbitration Agreement.

10.1.1    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 Agreement 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 Agreement.

 

For purposes of this Section 10.1 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 Agreement 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 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.

10.1.2    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 http://www.att.com/arbitration-forms.

10.1.3    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 $200, 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 Agreement, and will be administered by the AAA. The AAA Rules are available online at http://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://www.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.

10.1.4    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.

10.1.5    The right to attorneys' fees and expenses discussed in paragraph 10.1.4 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.

10.1.6    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.

10.1.7    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) while this Agreement 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.

10.1.8    Puerto Rico Licensees.

For Puerto Rico Licensees, references to "small claims court" in Section 10 should be understood to mean the Puerto Rico Telecommunications Regulatory Board.

11.    MISCELLANEOUS. The following provisions survive termination of this Agreement:

11.1    Governing Law, Limitation on Actions. This Agreement 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 Agreement 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 11.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.

11.2    Contact Information. In the event that You have a question, complaint, or claim regarding Your use of the Application, please call AT&T Customer Service by dialing 611 from Your mobile device or 1-800-331-0500 or visit http://www.att.com/db.

11.3    Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, 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 Agreement shall be valid and enforceable to the fullest extent permitted by law.

11.4    Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

11.5    Jurisdictional Issues, Export Control. This Application is intended for use within the United States of America. AT&T makes no representation that this Application is appropriate or available for use in other locations. 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.

11.6    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.

11.7    Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the Application to any third party without the prior written approval of AT&T.

11.8    MODIFICATION OR AMENDMENT. AT&T may modify or amend the terms of this Agreement at any time, with or without notice to You, by posting a copy of the modified or amended Agreement available through the Application or at http://www.wireless.att.com/learn/articles-resources/wireless-legal.jsp. 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 Agreement is made available through the Application or the referenced website.

11.9    Survival. Any provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination.

11.10    Third Party Beneficiaries. Except as explicitly provided in this Agreement or in the Related Agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits, or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

11.11    No Transfer by You. You may not rent, lease, lend, sublicense, assign, or transfer the Application, this Agreement, 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 Agreement. AT&T may assign this Agreement without restriction.

11.12    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;
  • 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 relating to the Application can be reached as follows:

Manager of Security & Copyright Infringement, 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560. Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@att.com.

For more information about AT&T's copyright protection practices under the DMCA and for information on how to contact AT&T's DMCA agent, please refer to www.att.net/general-info/claims.html.

11.13    Entire Agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. This Agreement shall not have the effect of limiting, encumbering, or otherwise restricting AT&T's rights and remedies or Your obligations under any other agreements between You and AT&T.

Third-Party Terms. The below Third-Party Terms are incorporated herein and made part of this Agreement: Apple, RIM, Microsoft

APPLE: Additional provisions and Usage Rules required by Apple, Inc. ("Apple") may be found at 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 Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against You in its capacity as a third-party beneficiary to the Agreement. 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.

If Your device uses an Android operating system, the following apply:

The following Open Source Software that the Application utilizes or includes is licensed under the Apache 2.01 License:

(http://www.apache.org/licenses/LICENSE-2.0.html):

  • Ember-i18n
  • Google Analytics SDK
  • Google Cloud Messaging Client
  • Hessdroid Apache 2.0
  • Jackson JSON Parser
  • Jakara HttpComponents
  • JakeWharton NineOldAndroids

 

The following Open Source Software that the Application utilizes or includes is licensed under the MIT License (http://opensource.org/licenses/MIT):

  • d3-tip
  • Ember AppKit Loader
  • Ember AppKit Resolver
  • EmberJS
  • Ember-Query
  • Handlebars.JS
  • jQuery
  • jQuery.cookie
  • jQuery.ui
  • Modernizr
  • Moment
  • Underscore

 

Additional Open Source Software that the Application utilizes or includes is licensed as follows:

Moment-range: UNLICENSED (public domain) - see at https://github.com/gf3/moment-range/blob/master/UNLICENSE

If Your device uses an iOS operating system, the following apply:

The following Open Source Software that the Application utilizes or includes is licensed as follows: