U.S. End User License Agreement for
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, INCLUDING ITS TERMS CONCERNING USE AND DISCLOSURE OF PERSONAL INFORMATION, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
THIS APPLICATION IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13, UNLESS YOUR ACCESS TO THE APPLICATION IS AUTHORIZED BY YOUR SCHOOL AND YOUR PARENT OR LEGAL GUARDIAN HAS CONSENTED, IN WRITING, TO YOUR USE OF THE APPLICATION. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION UNLESS YOUR PARENT OR GUARDIAN HAS PROVIDED THEIR WRITTEN CONSENT. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.
BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS.
YOU ACKNOWLEDGE THAT 911 AND E911 SERVICE MAY NOT BE AVAILABLE FROM AT&T TOGGLE VOICE. PLEASE SEE SECTION 1 FOR IMPORTANT INFORMATION AND LIMITATIONS REGARDING EMERGENCY CALLING SERVICES USING AT&T TOGGLE VOICE.
IF YOU ARE AN AT&T WIRELESS SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN SECTION 9 OF THIS LICENSE.
THIS APPLICATION WILL ALLOW YOUR COMPANY OR OTHER AUTHORIZED ENTITY (E.G., YOUR SCHOOL OR GOVERNMENT EMPLOYER) ("YOUR COMPANY") TO ACCESS YOUR DEVICE AND TO VIEW AND MANAGE APPLICATIONS, TRANSACTIONS, AND INFORMATION ON YOUR DEVICE. TO ACTIVATE AND CONTINUE TO USE THIS APPLICATION ON ANDROID DEVICES, YOU MAY BE REQUIRED TO INSTALL AT&T MOBILE SECURITY, WHICH WILL PERIODICALLY SCAN YOUR DEVICE FOR MALWARE OR VIRUSES. IF MALWARE OR VIRUSES ARE DETECTED, YOUR DEVICE WILL BE LOCKED OUT OF THE APPLICATION UNTIL THE MALWARE/VIRUS IS REMOVED. YOU AND YOUR COMPANY MAY RECEIVE A REPORT OF THE RESULTS OF THE SCAN. IF YOU DO NOT INTEND TO ALLOW THIS ACCESS TO YOUR COMPANY, DO NOT DOWNLOAD AND USE THIS APPLICATION.
Please read this end user software license agreement ("License") carefully before clicking the "Accept" button or downloading or using AT&T Toggle ("Application"). As used herein, "Application" includes, without limitation, any services specific to the Application (excluding, however, Your applicable wireless service plan), software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. These terms are an agreement between You and AT&T Corp. and its affiliates (individually and collectively, "AT&T"). "You", "Your" and "Licensee" in this License refer to you, an individual, and/or to the company or other entity on whose behalf you accept this License.
Your purchase and use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application, and (vii) Your Company's policies and practices regarding information provided to and/or accessed by Your Company ((i) through (vii), including without limitation those terms listed in the "Third Party Terms" section of this License, collectively being referred to as the "Related Agreements"). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting AT&T’s rights and remedies or Your obligations under any Related Agreement between You and AT&T, or waiving any restrictions on Your rights under any Related Agreement between You and AT&T. You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.
If AT&T makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
1. THE APPLICATION: The Application enables functionality that gives Your Company the ability to install and manage corporate content and applications in an encrypted password-protected Workspace on Your personal Device, separate from Your personal applications, content and activity.
- For Android devices, the Application creates a container or a separate "walled off" area on Your personal Device where Your Company can install and manage applications, activity and content.
- On iOS devices, the Application permits Your Company to install and manage encrypted and password-accessible applications and content on Your personal Device.
Within the Workspace, both security and mobile Device management will be controlled by Your Company. This means that Your Company will have visibility to all content, applications and business data, AT&T Toggle messages, voice and SMS/MMS usage within the Workspace, can download and manage applications and content within the Workspace, and can lock or wipe the content of the Workspace. Within the Workspace, Your Company may apply and manage certain corporate policies and security settings to protect Company data and networks. For example, Your Company may apply policies to filter or block You from installing or accessing certain applications or URLs from within the Workspace, and to block data usage within the Workspace while Your Device is roaming. Outside of the Workspace, the personal content, applications and activity on Your Device will remain managed and controlled by You. Depending on the security features implemented by Your Company, certain Device functionality may be impacted (for example, the ability to capture and save screenshots).
Please note that if Your Company allows You to access Company information using applications that reside on the personal side of Your Device (for example, by using applications that are not secured or wrapped for operation within the AT&T Toggle Workspace), Your Company or others may have rights to review such information. Please consult Your Company’s AT&T Toggle Administrator regarding Your Company’s policies in this regard.
Data rates may apply when You use this Application. Use of the Application may significantly increase data usage under Your applicable wireless service plan. The Application may contain a usage feature that tracks estimated data usage by and through the Application, including within the Workspace. Some applications may not be measured. The amount of data shown on the usage meter is an estimate only. The actual data usage for which You are billed can be higher than the estimated data usage shown on Your usage meter for various reasons including, but not limited to, if You use Your Device or the Application while roaming, if You use Your SIM card with another device, the type(s) of applications You use, or if You use the Application while outside the United States.
1.1 AT&T Toggle Voice Features and Restrictions
Depending on the Application features available to and selected by Your Company, the Application may allow You to make domestic U.S. calls using AT&T Toggle Voice. If this feature is enabled, You may use the AT&T Toggle Voice feature within the Workspace to place and receive calls that originate and terminate in the lower 48 states and the District of Columbia of the United States and in some cases, for calls originating and/or terminating in Alaska, Hawaii and Puerto Rico. Such calls will use data rather than wireless minutes.
In addition, please note that AT&T Toggle Voice coverage is not available in all areas and is subject to transmission, terrain, system, capacity and other limitations. If AT&T Toggle Voice is used to place a call from a location outside the United States to a telephone number in the United States, that call may be blocked or be subject to international data roaming usage charges under Your applicable wireless service plan.
Telecommunications Relay Services. Dial 7-1-1 to reach the Telecommunications Relay Services (TRS) service for the hearing or speech impaired. TRS permits persons with a hearing or speech disability to use a teletypewriter (TTY) or other device to place and receive telephone calls. TTY/TRS users should always dial 9-1-1 (not 7-1-1) for emergency service, and will need to provide and update their 911 Registered Location as described in the below Important Notice Regarding Limitations of 911/E911 Services Available with AT&T Toggle Voice.
Your AT&T Toggle Voice phone number corresponds with the address You have registered with Your Company’s AT&T Toggle Voice administrator. You are required to update that address if Your new address is located in a different state.
IMPORTANT NOTICE REGARDING LIMITATIONS OF 911/E911 SERVICES AVAILABLE WITH AT&T TOGGLE VOICE
AT&T Toggle Voice utilizes a digital technology called Voice Over IP ("VoIP") and may be provided to Your Device over a wired broadband or Wi-Fi connection rather than the wireless connection used by cellular telephones. Examples of the types of circumstances under which 911 service may not be available to You or is limited in comparison with traditional 911 telephone service include, but are not limited to:
- 9-1-1 is dialed from a location other than the registered location You provided;
- Your broadband connection (wired, wireless and/or WI-FI) has been disrupted or impaired;
- Your underlying data service plan has lapsed or has been disrupted or impaired;
- Loss of electrical or battery power;
- Delays have occurred in processing Your newly updated registered location;
- Use of a non-native telephone number;
- Being required to close alert messages and/or press the "send" or "call" button in more than one dialer as part of the 911 call process;
- Needing to manually navigate from the cellular dialer to the Voice Over IP dialer to place a Voice Over IP 9-1-1 call; and
- The Device is not located in the United States of America.
- 911 calls may be connected to a live operator who will route Your emergency call to an emergency first responder based on location information that You provide verbally.
If AT&T Toggle Voice is installed on a Device that has a cellular wireless service plan, and You are in an area where You have access to such wireless service and need to dial 9-1-1, do not use AT&T Toggle Voice. Place the 9-1-1 call from the dial pad on Your mobile phone, not the dial pad in AT&T Toggle Voice. Make a voice call to 911 for help. You cannot use AT&T Toggle Voice messages to text to 911.
Please see below for instructions on how to update Your 911 Registered Location.
You cannot use AT&T Toggle Voice to make emergency calls outside the United States.
911 calls are routed to emergency first responders based on your most current Registered Location Information. Under Federal Communications Commission ("FCC") rules, each user of VoIP services such as AT&T Toggle Voice must provide a "Registered Location" for the service. Your initial "Registered Location Information" is the address of the physical location at which the service initially will be provided to You. The Registered Location Information is used: (i) to determine to which public safety entity Your 911 call should be routed; and (ii) by the public safety entity to deploy emergency services to such location. You will be prompted to enter Your physical location upon first logging into AT&T Toggle Voice in order to access AT&T Toggle Voice services. If You fail to enter Your physical location or enter an invalid address when You first log into AT&T Toggle Voice, You will not be able to access AT&T Toggle Voice services. Following successful entry of Your Registered Location Information, You must update Your Registered Location Information whenever You change physical addresses. You may update Your Registered Location Information by accessing the "Location For Emergency Calls" feature from the AT&T Toggle Voice Settings screen, under the Account section, or by pressing and holding the message at the bottom of the AT&T Toggle Voice dialer. You are responsible for ensuring the continuous accuracy of Your Registered Location Information.
There may be a delay between the time that You submit new Registered Location Information and the time that it can be: (i) used to route Your 911 call to the correct Public Safety Answering Point ("PSAP"); or (ii) delivered to an emergency operator with an emergency call. The duration of such delay will vary, but typically will be less than 15 minutes from the time You update Your Registered Location Information from Your Device. Until Your new Registered Location Information is updated, Your 911 call may not route to the correct PSAP, and the emergency operator will not have electronic access to Your current physical address. Thus, under such circumstances You should be prepared to verbally provide Your current physical address to the emergency operator. When a 911 or E911 call is made using AT&T Toggle Voice, AT&T will (where technically feasible) provide the Registered Location Information You have given to AT&T to the appropriate PSAP. If You have not given AT&T correct information to properly identify Your actual physical address location, 911 and E911 communications may be misdirected to an incorrect PSAP.
If Your Device is equipped with an underlying wireless voice plan: If You attempt to initiate a 911 call from Your Device using AT&T Toggle Voice, in areas of sufficient cellular strength such call will be completed using the underlying wireless voice service on Your Device and not from the AT&T Toggle Voice VoIP solution. After entering 9-1-1 from within the AT&T Toggle Voice dialer and pushing "Call" the call will be redirected to Your underlying device dialer (note - some devices require agreeing to be redirected by pressing "OK" when alerted by a pop-up message). You will need to push "Call" a second time in the device dialer in order to complete the 911 call. If Your emergency call fails, You should re-enter the AT&T Toggle Voice dialer to attempt the 911 call via VoIP (depending on Your Device operating system, You may need to close the device dialer in order to re-enter the AT&T Toggle Voice dialer). Once You re-enter the AT&T Toggle Voice dialer, You will see a pop-up message on top of the AT&T Toggle Voice dialer titled "Re-Attempt Emergency Call?", from which You may either push "Yes" to try the emergency call again using AT&T Toggle Voice VoIP, or "No" to return to the AT&T Toggle Voice dialer.
If (i) Your Device does not have any underlying wireless voice plan (for example, it is a Wi-Fi only device); (ii) Your underlying wireless voice service is unavailable; or (iii) You elect to "Re-Attempt Call" after an initial failed emergency call: Any 911 call made from Your Device using AT&T Toggle Voice will be routed to the PSAP associated with Your current Registered Location Information. If the call cannot be connected to the appropriate PSAP, You may be connected to an emergency call center operator who will attempt to collect Your current location information and telephone number by requesting that You provide Your address and call-back information. Unless You are unable to speak when making a call to a third party emergency call center, You must be prepared to verbally provide both Your address information and call-back telephone number for use by emergency call center operators or PSAP dispatchers.
When the AT&T Toggle Voice dialer is opened, Your Device will display a message warning that emergency calling may be limited as compared to traditional 911 services, and showing Your current Registered Location. Your Company administrator will provide You with notification materials regarding emergency 911 calls and AT&T Toggle Voice.
1.1.1 IMPORTANT NOTICE REGARDING TELEPHONE NUMBER PORTABILITY AND AT&T TOGGLE VOICE
If Your Company has purchased and allocated an AT&T Toggle Voice subscription to You, You may be able to port an existing wireline or wireless telephone number to use with AT&T Toggle Voice. The porting of a telephone number ("TN") to AT&T Toggle Voice involves certain restrictions, which include, but are not limited to, the following:
- "Porting" a TN to AT&T Toggle Voice may change the functionality that is available with that TN. For example, text and SMS/MMS messaging, call hold, call conferencing, and three-way calling functionality may not be available for TNs that are ported to AT&T Toggle Voice. Once the process to port a TN to AT&T Toggle Voice is initiated, the voicemail box and voicemail messages (both saved and "un-read") previously associated with that TN will no longer be available.
- Some TNs, for example international (non-U.S.) TNs, are not portable.
- If You consent to port Your personal TN to Your Company-provided AT&T Toggle Voice account, You will be permanently transferring ownership of Your TN to Your Company. Therefore, Your Company will be able to move, add, change or delete service to that TN at any time without Your further consent. Please see Your Company’s AT&T Toggle Voice Administrator regarding Your Company’s policies relating to porting personal TNs to AT&T Toggle Voice.
- Depending on the service and contract associated with a TN, porting that TN to AT&T Toggle Voice may result in early termination fees that may be charged to Your wireless services account. You are responsible for any such fees. Please review Your wireless services account and contract before porting Your TN to AT&T Toggle Voice.
- Your Company may require You to sign a consent form in order to port Your personal TN to AT&T Toggle Voice.
- If You decide to port Your personal TN to AT&T Toggle Voice, please do not cancel Your prior service before requesting that the TN be ported. Porting requires an active TN. Your old service will be canceled automatically as part of the porting process.
Please see Your Company’s AT&T Toggle Voice Administrator for more information regarding telephone number portability and AT&T Toggle Voice.
1.1.2 IMPORTANT NOTICE REGARDING AT&T TOGGLE VOICE MESSAGING
If Your Company has purchased and allocated an AT&T Toggle Voice subscription to You, You will have messaging capabilities. Availability of International SMS and MMS messaging using AT&T Toggle Voice is limited. Use of short codes to send MMS messages and group messages is also limited. Your Company may have visibility to all of Your AT&T Toggle Voice messages and You authorize AT&T to share Your messages with Your Company.
126.96.36.199 Copying and storage. Messages You send or receive using AT&T Toggle Voice will be stored and copied to the Common Network Management System (CNMS) and to the AT&T Toggle Voice Server. If You wish to stop the copying of AT&T Toggle Voice messages to the CNMS and the AT&T Toggle Voice Server, You must stop sending or receiving messages using AT&T Toggle Voice or discontinue use of the AT&T Toggle Voice service.
188.8.131.52 Consent to store Your AT&T Toggle Voice messages. You grant AT&T the right to store Your AT&T Toggle Voice messages on storage systems operated by AT&T. AT&T Toggle Voice messages will typically be stored for ninety (90) days on the CNMS and on the Toggle Voice Server. You acknowledge and agree that even though You delete AT&T Toggle Voice messages from Your Device, Your messages may be retained on AT&T’s and/or its suppliers’, licensors’ and collaborators’ systems and may be produced if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that AT&T may access, preserve and disclose AT&T Toggle Voice messages, if required to do so by law or if AT&T believes in good faith that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any AT&T Toggle Voice message violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of AT&T, its users and the public.
AT&T reserves the right to delete AT&T Toggle Voice messages and to establish usage limits, including without limitation the number of messages that can be stored; how long such messages will be stored; the number of messages that can be sent; the maximum number of recipients of group messages; international text and MMS messages; the maximum size of available server space for Your messages; and whether or not there is a charge for storing such information in connection with the Application. AT&T reserves the right to modify these and other practices without any notice to You. AT&T is not obligated to store any AT&T Toggle Voice messages transmitted through the Application. You agree that AT&T, its licensors, and suppliers have no responsibility or liability whatsoever for the deletion, loss, removal or failure to store any AT&T Toggle Voice messages.
184.108.40.206 To obtain accessibility information about AT&T Toggle Voice and messaging, please call 1-888-292-7099 or visit att.com/toggle.
1.2 CONSENT TO DISCLOSE PERSONAL INFORMATION: Your Company, AT&T, and AT&T’s pertinent suppliers will have access to and may manage all information and activity in the corporate Workspace on Your Device. For example, the Application will allow Your Company to see, edit, and delete information in the corporate Workspace. Depending on the features available to and selected by Your Company, Your Company may also receive information regarding Your Workspace activities, including without limitation Your use of the Application to access corporate information and networks (such as Your Company’s VPN), an attempt to access a blocked or potentially malicious URL using the Workspace browser, or an attempt to send proprietary Company information from the corporate Workspace on Your Device. Although Your activities in the personal area of the Device are not viewable by Your Company, the Application may disclose certain personal Device and account information to Your Company, AT&T, and AT&T’s pertinent suppliers, including without limitation Your name, Your wireless telephone number, personal wireless account status, whether Your Device is roaming, applicable wireless network provider/carrier, Your Device number, make and manufacturer, and other operational Device information such as battery level. Depending on Your Company’s AT&T Toggle settings, on iOS devices Your business contacts may be exported to Your personal contacts. If Your Company administrator wipes AT&T Toggle on Your Device, Your business contacts may be wiped from Your personal contacts. By using the Application, You consent to any applicable disclosure of Your personal information by the Application. This serves as notice to You that the Application may disclose Your personal information, and You may not receive any reminders or further notice. If You no longer wish to allow Your Company to access the AT&T Toggle Workspace and Your personal information as described above, You may use the "Uninstall" option in AT&T Toggle General Preferences to delete the Application from Your Device.
1.3 . AT&T Mobile Security Application and Scans (for Android Devices Only): If you use an Android device, prior to completing the installation of the Application, You may be required to download an anti-virus/anti-malware application, AT&T Mobile Security (“AMS”). The AMS application will scan Your entire Android Device, including all applications and files in both the AT&T Toggle Workspace and the personal side of Your Device, for malware, viruses, or other code or applications determined in AT&T’s discretion to be potentially malicious or harmful or to violate the law or the policies of AT&T or its applicable vendor(s), both before You complete the activation of the Application and periodically thereafter. AMS may report the results of the scans(s) to You and to Your Company. If malware, viruses or other potentially malicious or harmful code or applications are detected on Your Android Device during any scan, Your Device will be locked from accessing the Application until such problem is remedied.
1.4 . Disclaimer Regarding Use of the Application. You agree that AT&T, its suppliers and their subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about Your Device, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application, and to verify compliance with the terms of this License. AT&T, its suppliers and their subsidiaries and agents may use this information, as long as it is collected anonymously in a form that does not personally identify You, to improve its or their products or to provide services or technologies to You. The Application is designed to operate in conjunction with certain applications or services that You may subscribe to either directly from an internet service provider or through Your Company. Such operation may include (i) the transmission of information (including personal identity information, other private content or confidential information) from Your Device for storage or other use, and (ii) remote instruction to the Application to erase or disable certain data or functionality on your device. TO THE FULLEST EXTENT ALLOWED BY LAW, AT&T AND ITS APPLICABLE SUPPLIER(S) HEREBY DISCLAIM ALL LIABILITY FOR DAMAGES THAT MAY BE CAUSED TO YOU OR OTHERS BY ANY SUCH TRANSMISSION, ERASURE OR DISABLEMENT OR BY ANY UNAUTHORIZED DISCLOSURE OR ALTERATION OF ANY SUCH INFORMATION.
2. LICENSE GRANT, USE RESTRICTIONS AND ELIGIBILITY.
2.1 License Grant. Subject to the restrictions set forth in this License, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Application only on authorized devices owned and controlled by You (each, a “Device”), and to access and use the Application on such Device solely for Your personal use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind. This Application may be used in the United States of America and its Territories only, unless AT&T otherwise agrees with Your Company.
2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code or structure of, or decrypt the Application, even for research purposes; (b) make any modification, alteration, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on any mobile device or computer that is not a Device; (g) distribute the Application to any unauthorized device(s); (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. You are solely responsible and liable for any such prohibited activity, behavior, use and conduct.
If the AT&T Toggle Voice feature is activated by Your Company, AT&T Toggle Voice is subject to the following additional restrictions: AT&T Toggle Voice is provided primarily to transmit live dialogue between two individuals. It may not be used for (i) monitoring services; (ii) data transmissions; (iii) transmission of broadcasts; (iv) transmission of recorded material other than audio files associated with the voicemail functionality; or (v) other connections that do not consist of primarily uninterrupted live dialogue between two individuals. AT&T Toggle Voice may not be used for fraudulent purposes. If AT&T determines that You are using AT&T Toggle Voice for fraudulent purposes or for any purpose other than live dialogue between two individuals or the permitted purposes above, AT&T, its licensors, and suppliers may, in their sole discretion, terminate Your access to the AT&T Toggle Voice feature.
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.
2.3.1 You must use a compatible data device, running a compatible operating system. With the exception of AT&T Toggle Data plan, the Application can be used with virtually any service provider.
2.3.2 You must have an eligible data plan or a compatible Wi-Fi enabled device. Measured data usage incurred in connection with the Application will be charged as specified in Your applicable wireless plan. You will be billed for all data usage in connection with the Application up to cancellation.
2.3.3 Depending on the features available to and selected by Your Company, the Application may enable Your Company to provide You with an AT&T Toggle U.S. Data Plan allowance and/or AT&T Toggle International Data Plan allowance.
220.127.116.11 AT&T Toggle U.S. Data Plan Allowance. Any applicable AT&T Toggle U.S. Data Plan allowance provided to or paid for by Your Company will be applied to Your eligible AT&T wireless data plan, as available. Your Company is solely responsible for any agreement to pay for any AT&T Toggle U.S. Data Plan allowance applicable to Your AT&T wireless data plan. AT&T cannot guarantee that any AT&T Toggle U.S. Data Plan allowance will be applied in the month received. If Your Company chooses to provide an AT&T Toggle U.S. Data Plan allowance to You, all of Your data usage (both business and personal) will be applied first against the AT&T Toggle U.S. Data Plan allowance. Once any applicable AT&T Toggle U.S. Data Plan allowance is exhausted, all subsequent data usage (both business and personal) for the applicable billing period will be billed in accordance with Your applicable AT&T wireless data plan. AT&T Toggle U.S. Data Plan allowances will not be rolled over from one billing period to another. AT&T Toggle U.S. Data Plan allowances are not available for use outside the United States, Puerto Rico and the U.S. Virgin Islands. Some AT&T wireless data plans are not eligible for AT&T Toggle U.S. Data Plan allowances. Contact Your Company administrator if You have questions about any AT&T Toggle U.S. Data Plan allowance from Your Company.
18.104.22.168 AT&T Toggle International Data Roaming Plan Allowance. The AT&T Toggle International Data Roaming Plan provides an allowance for international data usage that can be used in over 150 countries as noted in the following link att.com/globalcountries. Monthly AT&T Toggle International Data Roaming Plan allowances can be purchased in various data (MB) increments. The monthly charge for the AT&T Toggle International Data Roaming Plan allowance is billed to Your Company. PLEASE NOTE: Any international data usage (both personal and business) over the applicable AT&T Toggle International Data Roaming Plan allowance will be billed to Your personal AT&T wireless services plan. Once Your applicable AT&T Toggle International Data Roaming Plan allowance is exhausted, an additional data charge for each MB of international usage will be billed to Your personal AT&T wireless services plan, as overage. The overage charge will typically be between $0.15 - $0.25 for each additional MB increment of international data usage, depending on the AT&T Toggle International Data Roaming Plan allowance Your Company has purchased for You. Any international usage generated from countries outside the coverage area of Your applicable AT&T Toggle International Data Roaming Plan allowance will also be billed to Your personal AT&T wireless services plan. It is your personal responsibility to pay for any overage charges. If You are subscribed to another AT&T international data plan, You are not eligible for an AT&T Toggle International Data Roaming Plan allowance from Your Company.
Any applicable AT&T Toggle International Data Roaming Plan allowance will be applied in Your personal AT&T wireless services monthly bill cycle until cancelled. The international data usage on Your Device, both personal and business, is deducted from this AT&T Toggle International Data Roaming Plan allowance. Unused international data does not rollover to subsequent months. Other than requirements regarding monthly AT&T Toggle International Data Roaming Plan payments by Your Company, the AT&T Toggle International Data Roaming Plan is subject to the terms of Your wireless agreement with AT&T.
2.3.4 AT&T may require Your Company to authorize You to use the Application and to acquire a license for You in accordance with an applicable agreement with AT&T. Certain features of the Application may require Device enrollment in addition to the Application credentials.
3. INTELLECTUAL PROPERTY RIGHTS.
3.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. Title to the Application shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.
3.2 AT&T Marks. You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T: "AT&T", "AT&T Toggle" and "ToggleHub" (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 and/or Open Source Software. The Application may utilize or include third party software that is subject to third party and/or open source 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 any applicable third party and open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Third Party Terms"). In the event of a conflict between the terms of this License and the Third Party Terms, the Third Party Terms shall control.
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.
4.1 General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties ("Third Party Content and Services").
4.2 Disclaimer. You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T and its collaborators, 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.
4.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that AT&T and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You
4.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T of such Third Party Content and Services. AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although AT&T has no obligation to restrict or deny access even if requested by You.
4.5 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that AT&T and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
5. TERM AND TERMINATION. This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, if Your Company’s applicable agreement with AT&T expires or is terminated, or if You or Your Company fail to timely pay applicable License fees, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. AT&T may, without notice to You, disable the Application. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.
6. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO 911 OR ANY OTHER EMERGENCY SERVICE, NOR FOR ANY ACTIONS OR OMISSIONS OF AN EMERGENCY CALL RESPONSE CENTER. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL USING THE APPLICATION YOU WILL BE FOUND. AT&T DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY ACCESS TO, USE OR MISUSE OF YOUR INFORMATION BY YOUR COMPANY, AND AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING YOUR COMPANY’S ACCESS TO, USE OR MISUSE OF YOUR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
7. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APPLICATION DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS LICENSE.
8. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the Application. These obligations survive termination of this License.
9. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 9.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if AT&T has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees from AT&T to at least the same extent as You would be in court.
In addition, under certain circumstances (as explained below), AT&T will pay You more than the amount of the arbitrator's award and will pay Your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards You an amount that is greater than what AT&T has offered You to settle the dispute.
9.1 Arbitration Agreement.
9.1.1 AT&T and You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this License or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
- claims that may arise after the termination of this License.
For purposes of this Section 9 only, references to "AT&T," "You," "Your" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this Application, or of services or devices under this License or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into this License, You and AT&T are each waiving the right to a trial by jury or to participate in a class action. This License evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this License.
9.1.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
9.1.3 After AT&T receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If You are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this License. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your billing address. If Your claim is for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse AT&T for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
9.1.4 If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
- pay You the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
- pay Your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
9.1.5 The right to attorneys' fees and expenses discussed in paragraph 9.1.4 supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
9.1.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
9.1.7 Notwithstanding any provision in this License to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while this License is in effect, You may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.
9.2 Puerto Rico Licensees.
For Puerto Rico Licensees, references to "small claims court" in Section 9 should be understood to mean the Puerto Rico Telecommunications Regulatory Board.
The following provisions survive termination of this License:
10.1 Governing Law, Limitation on Actions. This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to the Application or Your use of the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.
10.2 Contact Information. In the event that You have a question, complaint or claim regarding Your use of the Application, please contact Your corporate Telecom Manager for service support.
10.3 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
10.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
10.5 Jurisdictional Issues, Export Control. This Application is intended for use only within the United States of America. AT&T makes no representation that this Application is appropriate or available for use in other locations. If You choose to access or use the Application from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Application from jurisdictions in which the Application, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
10.6 U.S. Government Restricted Rights. The Application was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.
10.7 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the Application to any third party without AT&T’s prior written approval.
10.8 Modification or Amendment. AT&T may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the Application. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is made available through the Application.
10.9 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
10.10 Third Party Beneficiaries. Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
10.11 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. AT&T may assign this License without restriction.
10.12 Copyright Complaints. AT&T respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T’s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A specific description of where the material that You claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
AT&T’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: firstname.lastname@example.org
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 http://www.att.net/general-info/claims.html.
10.13 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
Third Party Terms. The below Third Party Terms are incorporated herein and made part of this License:
APPLE:Additional provisions and Usage Rules required by Apple, Inc. ("Apple") may be found at http://www.apple.com/legal/itunes/appstore/us/terms.html. If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and AT&T acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
MICROSOFT: If You purchase or download the Application from the Windows Phone Marketplace or Windows Store, subject to all other provisions of this License: (a) notwithstanding paragraph 2.2(f) and (g), You may install and use one copy of the Application on up to five (5) mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the Application on a device You do not own or control. (b) You acknowledge and agree that neither Microsoft, nor the manufacturer of Your Device(s), nor the operator or provider of any applicable network, shall have any responsibility to provide to You any maintenance or support services in connection with Your use of the Application. (c) SUBJECT TO AND WITHOUT LIMITING THE GENERALITY OF SECTION 7, MICROSOFT’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION.
OPEN SOURCE CODE LICENSE TERMS:
The AT&T Toggle Voice feature of the Application may incorporate, use or access software that is subject to the license terms located at the following link: http://wtma1.uccentral.att.com/service/License/UC_thirdparty.html.