End User License Agreement for
AT&T Music

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD OR USE THE APPLICATION.

Please read this end user software license agreement ("License") carefully before clicking the "Accept" button or downloading or using AT&T Music ("Service") including without limitation, any software code, scripts, interfaces, graphics, artwork, images, photographs, audio clips, video clips, displays, text, documentation, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks, and tradenames, and other components and any updates, modifications or enhancements to these items contained therein ("Content") accompanying this License. These terms are an agreement between You and AT&T Mobility LLC and its affiliates ("AT&T"). "You" and "Your" in this agreement refer to you, an individual, and/or to the company on whose behalf you accept this License. If you do not agree to (or cannot comply with) the terms and conditions of this License, do not install, copy, or use the Service.

This Service 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 Service, You are entering into and agreeing to be bound by the terms of this License, in addition to the AT&T wireless service agreement associated with Your Device , the AT&T Acceptable Use Policy located at att.com/aup, and the AT&T Privacy Policy located at att.com/privacy and as amended from time to time, which sets forth and describes the practices of AT&T with respect to the collection, use and disclosure of information including in connection with Your use of the Service ("Related Agreements"). This Service may be downloaded and used only by wireless customers of AT&T.

THIS APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.

1. THE SERVICE: The Service allows you to access music-related services and Content including pre-programmed and custom radio channels, song and lyric match services, as well as the ability to view and purchase songs and albums. Certain features of the Service require a subscription with a recurring fee. Data and messaging rates may apply when you use this Service. When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service. AT&T or any of its partners, licensors or suppliers may, from time to time, remove Content from the Service without notice.

2. LICENSE GRANT AND USE RESTRICTIONS.

2.1 License Grant. AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Service on a single device owned and controlled by You ("Device"), and to access and use the Service on such Device solely for your personal, noncommercial entertainment use strictly in accordance with the terms and conditions of this License and Related Agreements. You represent, warrant and agree that you are using the Service for your own person, non-commercial entertainment use and not for redistribution or transfer of any kind.

2.2 Restrictions on Use. You shall use the Service strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Service; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Service; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Service; (d) remove, tamper with any security components or other protective measures applicable to the Service, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its affiliates, partners, suppliers or the licensors of the Service; (e) use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Service to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Service to multiple Devices; (h) make the Service available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Service 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 Service 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 Service; or (l) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, perform, purblish, display, make available to third parties, transfer or circulate the Service, any underlying software, or any Content. These obligations survive termination of this License. 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 software and obtaining available patches to address security, interoperability, and/or performance issues. You must also comply with any additional terms which apply to third-party content, material, information, software or other services including the Gracenote and Lyrics Terms of Use below.

3. INTELLECTUAL PROPERTY RIGHTS.

3.1 Rights to Service. You acknowledge and agree that the Service 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 affiliates, licensors and suppliers. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Service are the intellectual property and proprietary and confidential information of AT&T and its affiliates, licensors and suppliers. Title to the Service shall remain with AT&T. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Service by implication, estoppel or other legal theory, and all rights in and to the Service 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" "AT&T Music" (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 Third Party Software. The Service may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software.

4. RESTRICTION ON TRANSFER. You may not rent, lease, lend, sublicense or transfer the Service, 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.

5. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.

5.1 General. You acknowledge that the Service may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").

5.2 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 Service). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T and its affiliates, partners, suppliers and licensors 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. AT&T hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, copyright compliance, decency, legality, or any other aspect of the Third Party Content and Services.

5.3 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 Service 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 affiliates, partners, 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 is not in any way responsible for any such use by You.

5.4 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 or its affiliates 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 Service, although AT&T has no obligation to restrict or deny access even if requested by You.

5.5 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 You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) 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 affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

6. User Submitted Content.

6.1 This Service may include user communities that include message boards, discussion forums, suggestion boxes, or other features that would allow you to post content. You may not use or allow others to use the Service, directly or indirectly through your wireless device or wireless number, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, 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 intellectual property, proprietary 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, are entirely responsible for all content that you provide via the Service. AT&T does not filter, edit, or control the user-submitted content posted via the Service and does not guarantee the accuracy, integrity or quality of such content. AT&T shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any user-submitted content that is available via the Service that is illegal, violates this Agreement, or exposes AT&T to any risk of claims, lawsuits or liability. Under no circumstances will AT&T 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 Service.

6.2 If you provide content through the Service, you grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content which you provide (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. AT&T is under no obligation to post or use any content you may provide and AT&T may remove your content 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 content. You represent and warrant that you own or otherwise control all necessary rights to the content that you post.

7. 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 Service and uninstall the Service. These obligations survive termination of this License.

8. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, INCLUDING THE CONTENT CONTAINED THEREIN, IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE 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 SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE 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 SERVICE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICE. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. AT&T DOES NOT WARRANT THAT THE SERVICE 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 THE 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 AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.

9. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T OR ITS AFFILIATES, PARTNERS, CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS, SUPPLIERS OR LICENSORS 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 SERVICE 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, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.

10. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its affiliates, partners, suppliers and licensors, and each of their respective 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 Service 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. These obligations survive termination of this License.

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

11.1 Governing Law. 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.

11.2 Contact Information. In the event that you have a question, complaint or claim regarding your use of the Service, please call AT&T Customer Service by dialing 611 from your Device or 1-800-331-0500 or visit att.com/db.

11.3 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.

11.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect 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 Export Control. You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that You will not use the Service for any purposes prohibited by United States law.

11.6 Modification or Amendment. AT&T may add, delete, or modify any aspects of the Service or modify or amend the terms of this License. You should visit the "About" link through the Service for a complete description of the Service and to review a copy of the modified or amended License. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Service following the date in which the modified or amended License is made available through the Service.

11.7 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.

11.8 Third Party Beneficiaries. Except as provided in this Section, 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. The owners of Content are intended beneficiaries of this License and shall have the right to enforce this License against You. If you purchase AT&T Music through the BlackBerry App World, You acknowledge and agree that Research In Motion Ltd. ("RIM") and any merchant of record ("MoR") that made this Service 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.

11.9 Assignment. Except as may be permitted in the Transfer section, You shall not assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

11.10 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

11.11 Copyright Complaints. AT&T respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites 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:

11.11.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

11.11.2 A description of the copyrighted work that you claim has been infringed upon;

11.11.3 A specific description of where the material that you claim is infringing is located on the Sites;

11.11.4 Your address, telephone number, and e-mail address;

11.11.5 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;

11.11.6 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.

11.11.7 AT&T´s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

11.11.8 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

11.11.9 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.

Use of this product implies acceptance of the terms below.

Gracenote® Terms of Use
This application contains software from Gracenote, Inc. of 2000 Powell St. Emeryville, California 94608 ("Gracenote"). The software from Gracenote (the "Gracenote Software") enables this application to do online disc and music file identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers"), and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this application software.

This application or device may contain content belonging to Gracenote's providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote.

You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data (except in a Tag associated with a music file) to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide, including music file information. You agree that Gracenote may enforce its rights under this agreement against you directly in its own name.

Gracenote uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow Gracenote to count queries without knowing anything about who you are. For more information, see the web page at www.gracenote.com for the Gracenote Privacy Policy.

THE GRACENOTE SOFTWARE, GRACENOTE SERVERS AND EACH ITEM OF GRACENOTE DATA ARE LICENSED TO YOU "AS IS." GRACENOTE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS. GRACENOTE RESERVES THE RIGHT TO DELETE DATA FROM THE GRACENOTE SERVERS OR TO CHANGE DATA CATEGORIES FOR ANY CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS MADE THAT THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

Lyrics Terms of Use
You may use lyrics ("Lyrics") supplied by Gracenote, Inc. of Emeryville, California ("Gracenote") only for search and display. You agree that you will use Lyrics only for your own personal non-commercial use. You agree not to assign, copy, transfer or transmit any Lyrics to any third party. YOU AGREE NOT TO USE OR EXPLOIT LYRICS EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your license to search and display Lyrics will terminate if you violate any of these restrictions. If your license terminates, you agree to cease any and all use of Lyrics. Gracenote and its suppliers reserve all rights in Lyrics, including all ownership rights. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.

YOU AGREE TO NOT TO USE ANY COPYRIGHTED WORKS SUPPLIED OTHER THAN AS LICENSED. YOU AGREE NOT TO DEFEAT, EVADE OR CIRCUMVENT ANY SYSTEM DESIGNED TO PROTECT LYRICS.

Each Lyric is licensed to you "AS IS." Gracenote and its suppliers make no representations or warranties, express or implied, regarding the accuracy of any Lyric. Gracenote reserves the right to remove Lyrics for any cause that Gracenote deems sufficient.

GRACENOTE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO CASE WILL GRACENOTE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

AT&T Music Terms and Conditions

The AT&T Music Terms and Conditions represent an agreement ("Agreement between You and AT&T Mobility LLC") (hereinafter referred to as "AT&T" or "We" or "Us") governing your use of the AT&T Music service including all information, content, products, materials and services made available to you on your wireless device by us or third parties through the service (the "Service"). Please read this agreement carefully prior to using the Service. By using or otherwise accessing the Service, you are consenting to become a party to this agreement and agreeing to be bound by and comply with these terms and conditions.

This Agreement is in addition to the consumer Wireless Terms of Service or your applicable business agreement, as well as the Wireless Data Service Terms and Conditions, the latest versions of which may be found at http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp. AT&T Mobility's Privacy Policy, found at att.com/privacy and AT&T's Acceptable Use Policy, found at att.com/aup are hereby incorporated into this agreement by reference.

The Service may contain content or materials that you may find objectionable. Parental guidance is suggested. Use of this Service can be restricted by use of our Parental Controls or similar features. See att.com for more information.

The Service
The Service includes music-related services and content including pre-programmed and custom radio channels, song and lyric match services, as well as the ability to view and purchase songs and albums. Certain features of the Service require a subscription with a recurring fee. Standard data charges apply while downloading and using the Service, depending on whether your plan includes an Unlimited Data Plan. When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service.

We may add, delete or modify any of the aspects of our Service or any terms and conditions at any time in our sole discretion with or without notice to you. If any modification is unacceptable to you, you must stop using the Service. You should visit the "About" link on your handset for a complete description of the Service and from time to time to review the then current terms and conditions for the Service. Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by any changes. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services including the Gracenote and Lyrics Terms of Use below.

AT&T derives its rights to use the content available through the Service, including all software, design, logos, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks, and trade names ("Content") from artists, record labels, publishers and other third parties for fixed periods of time. As well, AT&T is sometimes required to pull certain Content off the Service (or otherwise restrict access to such Content) for legal or commercial reasons. Therefore, certain Content offered or advertised by AT&T may not be available when you try to access such Content.

All Content sales are final. You bear all risk of loss after purchase and for any loss of Content you have downloaded.

Intellectual Property Rights
The Service may be used your personal, non-commercial use only. The Service including any underlying software and Content available through the Service are the property of AT&T or its licensors and is protected by copyright and other intellectual property laws. AT&T hereby grants to you a limited personal, non-exclusive, non-transferable license to use the Service. You agree not to reverse engineer, decompile, modify or attempt to discover any source code used in the Service or any underlying software. You agree not to reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, create derivative works from, broadcast, perform, publish, display, make available to third parties or circulate the Service, any underlying software or the Content to anyone or to exploit the Service, any underlying software, or any Content for commercial purposes without the express prior written consent of AT&T. AT&T reserves all rights not expressly granted hereunder. You shall promptly notify AT&T in writing upon your discovery of any unauthorized use or infringement of the Service (or its Content) or AT&T's or any of its vendor's or licensor's patent, copyright, trade secret, trademarks or other intellectual property rights.

Service Restrictions
You may not use, nor allow others to use the Service, directly or indirectly through your wireless device or wireless number, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service. Because the Service is designed for personal use only, you are not allowed to use any automated system for the selection or downloading of content. AT&T reserves the right to terminate your access immediately and permanently to the Service if we believe that you are violating such limitations.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) sending unsolicited e-mail, messaging or other information, including promotions or advertising; or (d) using programs including viruses, worms, Trojan horses, e-mail bombs, web robots, web crawlers, data-mining, or other computer programming routines that are intended to damage, interfere with, disrupt, intercept or expropriate any system, data or personal information, including executing any form of network monitoring that will intercept data not expressly approved for use, or otherwise use the Service. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Term and Fees
If you subscribe to AT&T Music, your subscription will continue automatically at the fee rate applicable to the Service, which you have selected unless terminated by AT&T or until you notify AT&T of your decision to cancel your subscription to the Service. All subscriptions require a commitment for a minimum period(s) of time and, consequently, cannot be cancelled until the end of the minimum subscription period. You may, at any time during your subscription period, set your account to cancel, effective at the end of your then-current subscription commitment. AT&T reserves the right to not automatically renew your subscription.

User Submitted Content
This Service may include user communities that include message boards, discussion forums, suggestion boxes, or other features that would allow you to post content. You may not use or allow others to use the Service, directly or indirectly through your wireless device or wireless number, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, 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 intellectual property, proprietary 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, are entirely responsible for all content that you provide via the Service. AT&T does not filter, edit, or control the user-submitted content posted via the Service and does not guarantee the accuracy, integrity or quality of such content. AT&T shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any user-submitted content that is available via the Service that is illegal, violates this Agreement, or exposes AT&T to any risk of claims, lawsuits or liability. Under no circumstances will AT&T 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 Service.

If you provide content through the Service, you grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content which you provide (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. AT&T is under no obligation to post or use any content you may provide and AT&T may remove your content 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 content. You represent and warrant that you own or otherwise control all necessary rights to the content that you post.

Termination
We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.

Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.

Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. If such termination occurs in the middle of your subscription period and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you a share of your prepaid subscription fee for the period prorated for the number of remaining unused downloads.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AT&T, ITS SUCCESSORS OR ASSIGNS, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE OR CONTENT PROVIDERS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES OF EACH OF THEM SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE BY YOU OR ANYONE ELSE OF THE SERVICE OR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OF OR INTERRUPTION TO THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity
You agree to defend, indemnify and hold AT&T, its successors and assigns, licensors, suppliers, partners, affiliates, or third-party service or content providers, and the respective officers, directors, employees, shareholders, agents and representatives of each of them harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, or (c) the use of the Service by any other person using your wireless device or wireless number. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

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 to the Sites 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: 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/legal/copyright.

Other Important Provisions
You shall not use the Service in any manner contrary to local, state or federal law. AT&T expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

End User License Agreement forAT&T Music

AT&T Music Terms and Conditions

End User License Agreement for
AT&T Music