U.S. End User License Agreement for
AT&T Toggle

THIS LICENSE AGREEMENT APPLIES TO END USERS WHO ARE UNITED STATES RESIDENTS. IF YOU ARE NOT A U.S. RESIDENT PLEASE SEE YOUR COMPANY’S AT&T TOGGLE ADMINISTRATOR FOR YOUR COMPANY’S TERMS OF USE FOR THE APPLICATION.

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.

This Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. By clicking the "accept" button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the AT&T Acceptable Use Policy located at att.com/legal/terms.aup.html, and the AT&T Privacy Policy located at att.com/privacy, each as amended from time to time, which policies are incorporated herein by reference. The AT&T Privacy Policy will only apply to information that is provided to or accessed by AT&T.  Information provided to and/or accessed by Your Company in connection with the Application will be governed by Your Company’s policies and practices, which AT&T does not control or guarantee. If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession.

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.

1.2   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.

2.1   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   Eligibility.

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.

4.1   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.

9.1   Arbitration Agreement.

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.

9.2 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.

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: copyright@att.com

For more information about AT&T’s copyright protection practices under the DMCA and for information on how to contact AT&T’s DMCA agent, please refer to 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.