End User License Agreement for
AT&T Create-A-Code Service Agreement
AT&T Create-A-Code Service Agreement
PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE "ACCEPT" BUTTON OR USE THIS SERVICE.
THIS SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS SERVICE OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.
The Create A Code application, including without limitation, any underlying software code or other components and any updates, modifications or enhancements to these items (the "Application") allows You to create a barcode ("Code") that can be scanned by others to allow them to access to information, websites, or other materials created and/or provided by You for personal, noncommercial purposes ("Content") (the "Application" and any "Code" created hereunder, together, hereinafter referred to as the "Service")
License Grant and Use Restrictions.
License Grant. During the Term, subject to the terms and conditions of this Agreement, AT&T hereby grants You a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to use the Application for the sole purpose of creating a Code and to use the Code for the sole purpose of allowing others to access Content.
Use Restrictions. You shall use the Service strictly in accordance with the terms of this Agreement and You may not and You agree not to enable others to, directly or indirectly through your wireless device ("Device") or wireless number:
- Use this Service provided hereunder for any purpose not expressly permitted by this Agreement;
- Use the Service for commercial purposes;
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt the Service, or create derivative works of the Service, or any part thereof;
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Service;
- Violate any applicable local, state, or federal laws, rules, regulations, or treaties in connection with Your access to or use of the Service;
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its affiliates, partners, suppliers or the licensors of the Service;
- Rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Service, in whole or in part;
- 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;
- Collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent or to otherwise violate the privacy rights of others;
- Use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
- Exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening AT&T's network capacity;
- Violate or attempt to violate the security of the Service including, without limitation, disable, hack or otherwise interfere with any security digital signing, digital rights management, verification or authentication mechanisms implemented in or by the Service or other AT&T software or technology or use 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; or
- Solicit, divert, or attempt to divert any AT&T customer from patronizing the AT&T service.
You are solely responsible and liable for any such prohibited activity, behavior, use and conduct.
Content Requirements and Restrictions
Prohibited Content. You may not use or allow others to use the Service, directly or indirectly through your Device or wireless number, nor upload, distribute, transmit, communicate, link to, publish or access any Content through, using or otherwise in connection with the Service, that:
- Is a commercial product or service, advertises or promotes a commercial product or service, or allows, solicits, or facilitates the sale or purchase of a product or service
- 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, includes intense profanity or violence, depicts nudity or illegal drug use, or depicts any activities that are restricted by law to those 18 years of age or older such as gambling and lotteries;
- Violates any local, state, or federal laws, rules, regulations, or treaties or the rights of others
- Contains any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, "backdoors") which could damage, destroy, or adversely affect any part of the AT&T service or other software, firmware, hardware, data, systems, or services; or
- Infringes any intellectual property, proprietary rights or confidentiality obligations of AT&T or others.
AT&T's License. For Content hosted by AT&T which You provide, 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 (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 agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to Your Content.
Your Responsibility. You, and not AT&T, are entirely responsible for all Content. AT&T does not filter, edit, or control the Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that You provide. You must either own all Content or have permission from the Content owner to allow other users to access such Content through Your Code. As between You and AT&T, You are solely responsible for any and all fees, royalties and other amounts of any kind or nature payable to owners, record companies, artists, publishers, and all other royalty participants, celebrities or other third parties resulting from your publication of or access to Content through a Code.
AT&T's Discretion. AT&T has the right (but not the obligation) in its sole discretion to pre-screen, refuse, remove, delete, pull down, disable access to, or reject any Code or Content or change, suspend, remove, or disable access to the Service, at any time, with or without notice, for any reason or no reason at all. In no event will AT&T be liable for the removal of or disabling of access to the Service or any Code or Content. AT&T may also impose limits on the use of or access to the Service, any Code or Content, in any case and without notice or liability.
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 any Code. These obligations survive termination of this Agreement.
Intellectual Property Rights.
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 Service 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. As between You and AT&T, title to the Service shall remain with AT&T. Except as expressly stated in this Agreement, 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 Service are hereby reserved and retained by AT&T. These obligations survive termination of this Agreement.
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 Service 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 Agreement 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.
You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T: "AT&T" and "AT&T Code Scanner" (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 Agreement.
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICE AND ANY CODES YOU CREATE IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICE, 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 WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE OR ANY CONTENT ACCESSIBLE THROUGH ANY CODE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE 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 WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY CODE OR CONTENT MAY BE LOST, CORRUPTED OR DAMAGED. 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 OR ANY CODE CREATED THEREUNDER 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 ANY DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH ANY DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF ANY DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT THE DAMAGE TO A DEVICE, LOSS OF THE DATA LOCATED ON A DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON A 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. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
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, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SERVICE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL AT&T'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
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 any Content you provide or make available; (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, including but not limited to any claims that any Code or Content You create or provide under this Agreement (whether alone or in combination with any software, services (including, without limitation, wireless services), products, materials, content, or information (regardless of the provider of any of the foregoing)) , violates, infringes or misappropriates any third party intellectual property rights. In no event may You enter into any settlement or like agreement with a third party that affects AT&T's rights or binds AT&T in any way, without the prior written consent of AT&T. These obligations survive termination of this Agreement.
The following provisions survive termination of this Agreement:
Governing Law. 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.
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.
Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement 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.
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 Application for any purposes prohibited by United States law.
Modification or Amendment. AT&T may modify or amend the terms of this Agreement at any time by posting a copy of the modified or amended License available through the Service. 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 Agreement is made available through the Service.
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.
Third Party Beneficiaries. 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.
Assignment. You shall not assign this Agreement 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.
Relationship of Parties. This Agreement will not be construed as creating any agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and AT&T, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
Entire Agreement. This Agreement 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.
Notices. Any notices relating to this Agreement will be in writing. Notices will be deemed given by AT&T when sent to You at the email address or mailing address You provided during the sign-up process. You consent to receive notices by email and agree that any such notices that AT&T sends You electronically will satisfy any legal communication requirements.