AT&T Global Wi-Fi End User License Agreement
AT&T Mobility LLC ("AT&T"), licenses the AT&T Global Wi-Fi application (the "Application" or "App") to You, conditioned upon your acceptance of this End User License Agreement ("Agreement" or "License").
If at any time after reviewing or using the App You wish to terminate such use or this License, You must un-install and remove the App from Your Device, and delete any copy in Your possession. This License will automatically terminate if You are not, or are no longer, an AT&T subscriber subject to the terms of the WCA.
(a) "AT&T," "We," "Our" and "Us" mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) "AT&T Global Wi-Fi app" or "App" means the AT&T Global Wi-Fi App, any website, software, content or services provided in connection with the App, and any updates to these items; (c) "You," "Your" and "Licensee" mean an individual who downloads or uses the App and any person or entity represented by that individual.
2. THE APP:
The App allows You to connect to and transmit data usage over participating Wi-Fi Hotspots outside the United States ("Included Hotspots") and is available for use with A qualifying AT&T international package with Wi-Fi access. To use the AT&T Global Wi-Fi app, you must actively subscribe to an Eligible Package, and you must download, install and successfully register the AT&T Global Wi-Fi app on your compatible AT&T wireless device. The AT&T Global Wi-Fi app contains a list of the Included Hotspots. Unless you are connected to and successfully authenticated on an Included Hotspot, AT&T's applicable international roaming rates will apply. It is Your responsibility to ensure that You are successfully authenticated to and utilizing an Included Hotspot. Charges for your Eligible Package will appear on your monthly AT&T wireless bill.
2.1 WIRELESS AIRTIME, MESSAGING AND DATA USAGE:
Data will be consumed when the AT&T Global Wi-Fi app is downloaded to Your device. Chargeable data usage also can occur whenever You browse for any information (i.e.: access "Hotspots", "Settings" or "Help" and perform tasks within these areas of the Application); and when you search for a Hotspot in the U.S. or abroad, if these actions are performed over a cellular network, or at a Hotspot not included in the offer footprint. AT&T will, from time to time, update the list of available Wi-Fi hotspots via a push update. These updates will cause chargeable data usage. When You sign up for an Eligible Package, You will be sent an SMS message on the start date of your Eligible Package to enable download of the application. Incidental Data Usage: Some devices and apps, including the AT&T Global Wi-Fi app, continue to utilize data allotments even when you may not be aware of the usage; such incidental data usage may incur international roaming data charges.
2.2 CONSENT TO DISCLOSE LOCATION INFORMATION:
This App accesses and uses Your personally identifiable location information ("Your Location Information") in order to determine your location in proximity to nearby Included Hotspots and to initiate authentication. You may also request through the Application a map of nearby Included Hotspots, to be provided in connection with the native mapping function on Your Device. By using this Application, You agree that AT&T and its applicable vendors may collect and use Your Location Information for such purpose.
2.3 DATA COLLECTION:
You acknowledge that AT&T, its affiliates, and its third party vendors may collect, use, and analyze data and information generated by Your installation and use of the App including, but not limited to, device type, device operating system, installed applications, Your Location Information as well as the service set identifier (SSID), MAC address, Mobile Subscriber Integrated Services Digital Network Number and International Mobile Subscriber Identity, Wi-Fi and data usage including hot spot activations, and performance of Wi-Fi networks You use. This data will be used to provide the App to You, to better understand consumer Wi-Fi usage patterns, network performance, and locations, and to improve the App's performance.
2.4 AUTOMATIC WI-FI CONNECTIONS:
You acknowledge that the App may automatically connect Your smart phone to Included Hotspots. Data connections established at an Included Hotspot may disconnect if you leave the Included Hotspot coverage area. In addition, Included Hotspot providers may have separate terms that are physically present and/or provided to hotspot users, such as signs or other documentation. AT&T makes no representation regarding whether any physical signs or documentation apply to Your use of any Included Hotspot, and You agree that it is Your sole responsibility to identity whether any physical signs or documentation apply to Your use of any hotspot, and to abide by any terms of service contained in the physical signs or documentation.
The App is not intended to initiate automatic connections to private unsecured hotspots. The use of private unsecured hotspots without the owner's permission or authorization may be prohibited by law. You may not use the App to gain unauthorized access or attempt to gain unauthorized access to any private unsecured hotspots or to otherwise disrupt, impair, damage or destroy any hotspots. You are solely responsible for any and all activity undertaken while connected to any hotspot and agree to indemnify AT&T for any violations, claims, damages, fines, suits or allegations associated therewith.
If You access any hotspots that are not Included Hotspots, You are responsible for all airtime charges associated with such service. AT&T accepts no liability for per-minute, roaming, or premium charges charged by any third party Wi-Fi network and/or hotspot operators.
2.5 RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF YOUR COMMUNICATIONS.
You are solely responsible for maintaining the confidentiality of Your account, and agree not to transfer, lend or otherwise transfer use of or access to the AT&T Service (as defined in the Wireless Customer Agreement), to any third party. You are also solely responsible for any and all activities that occur under Your account. You agree to immediately notify AT&T of any unauthorized use of Your account or any other breach of security related to Your account or the AT&T Service, including if your phone/device or credit card should become lost or stolen, and to ensure that You "log off"/exit from Your account (if applicable) at the end of each session. AT&T is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations. In consideration for using the AT&T Service, You agree to: (1) provide certain current, complete, and accurate information about You when prompted to do so by the AT&T Service, and (2) maintain and update this information as required to keep it current, complete and accurate. You agree that any such information shall be accurate. You agree that You are solely responsible for the content of all communications ("Communications") made by You in using the Service.
2.6 WI-FI NETWORK SECURITY.
AT&T does not guarantee Wi-Fi network security. You acknowledge and agree that Your communications sent over any unsecured Wi-Fi network are not private and may be seen and used by others. For these reasons, AT&T does not recommend that You disclose personal or other confidential information over unsecured Wi-Fi networks unless You take adequate security precautions prior to transmittal.
3. LICENSE GRANT AND USE RESTRICTIONS.
3.1 License Grant.
Subject to the restrictions set forth in Section 3.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the App on a single device owned and controlled by You ("Device"), and to access and use the App on such Device, strictly in accordance with the terms and conditions of this License, and all applicable local, national, and international laws and regulations.
3.2 Restrictions on Use.
You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (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 App in a manner that derives revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) install, use or permit the App to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the App to multiple Devices; (h) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the App 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 App 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 Apps, accessories or devices for use with the App; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device or (m) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App. 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.
4. INTELLECTUAL PROPERTY RIGHTS.
4.1 Rights to App.
The App (including its source and object code), any copies thereof (whether or not present 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. The source and object code of the App are the proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. The App is licensed, not sold, to You. Title to the App 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 App (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 App by implication, estoppel or other legal theory, and all rights in and to the App not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.
4.2 AT&T Marks.
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" (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.
4.3 Open Source Software.
The App may 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 App is subject to and governed by the terms and conditions of any applicable open source license (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.
5. NO RESPONSIBILITY FOR THIRD PARTY SERVICES.
6. 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, disable the App, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the App and uninstall the App. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.
7. DISCLAIMER OF WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE APP, 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 APP IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP 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 APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP 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 APP 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 APP 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 APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE WCA 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 OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, 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 APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP 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 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.
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, in connection with or related to the following: (i) Your access to or use of the App or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the App. These obligations survive termination of this License.
The following provisions survive termination of this License:
10.1 Governing Law, Limitation on Actions.
This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to this License, the Application or Your use of the App must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the WCA. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of the WCA.
10.2 Contact Information.
You may reach AT&T Customer Service by dialing 611 from Your Device if You are an AT&T Wireless service subscriber or 1-800-331-0500 or visit https://www.att.com/myatt.
If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
10.5 Export Control; Lawful Use.
You may not export or re-export the App except as authorized by United States law and the laws of the jurisdiction(s) in which the App was obtained. You represent and warrant that You are not located and will not use the App in any country that is (a) 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 may not use the App in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the App, or (b) by local law, in the jurisdiction(s) in which You use the App.
10.6 Performance or Benchmark Testing.
You may not disclose the results of any benchmark test using the App to any third party without AT&T's prior written approval.
10.7 Modification or Amendment.
To the extent not prohibited by law, AT&T may modify or amend the terms of this License at any time, with or without direct notice to You, by posting a copy of the modified or amended License available through the App or at www.att.com/globalwifi. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App following the date in which the modified or amended License is made available through the App or the referenced website.
Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
10.9 Third Party Beneficiaries.
Except as explicitly provided in this License or in incorporated agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
10.10 No Transfer by You.
Any attempted transfer by You in contravention of this License shall be null and void. These obligations survive termination of this License. AT&T may assign this License without restriction.
10.11 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 by or through the App in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the the process detailed at https://www.att.com/legal/terms.dmca.html and directed to the designated agent listed below. AT&T's Copyright Agent for notice of claims of copyright infringement relating to the App can be reached as follows:
Manager of Security & Copyright Infringement, 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: email@example.com.
For more information about AT&T's copyright protection practices under the DMCA and for information on how to contact AT&T's DMCA agent, please refer to https://www.att.com/legal/terms.dmca.html.
10.12 Entire Agreement.
This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
OPEN SOURCE CODE LICENSE TERMS:
This Application contains open source code provided by multiple entities.
- CocoaHTTPServer https://github.com/robbiehanson/CocoaHTTPServer/blob/master/LICENSE.txt
- CocoaLumberjack https://github.com/CocoaLumberjack/CocoaLumberjack/blob/master/LICENSE.txt
- MMDrawerController https://github.com/mutualmobile/MMDrawerController/blob/master/LICENSE
- RoutingHTTPServer https://github.com/mattstevens/RoutingHTTPServer/blob/master/LICENSE.txt