End User License Agreement for
NBC Olympics on AT&T

This is an end user license agreement ("License") for the "NBC Olympics on AT&T" iPhone application and the content and services it provides ("Application") by and among you and AT&T Mobility LLC ("Licensor" or "We"). This Application provides access to information and content for the 2010 Winter Olympics as well as opportunities for you to network with Olympic athletes and other fans of the Olympic games. Certain content in this Application is provided by NBC Universal, Inc. ("NBC"). MobiTV, Inc. ("MobiTV") is the underlying service provider of the Application. Please read this License carefully before downloading or using the Application. You should also review the Usage Rules set forth in Section 9.b. of the iPhone App Store Terms and Conditions, available at http://www.apple.com/legal/itunes/appstore/us/terms.html (the "Usage Rules"). If you use or download the Application, you are agreeing to be bound by the terms of this License and the Usage Rules. Additionally, the terms and conditions of the AT&T Privacy Policy located at att.com/privacy and your AT&T wireless service agreement apply.

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

CONSENT TO USE LOCATION INFORMATION: Certain content made available through this Application is licensed for use only in the United States. By using this Application, you agree that Licensor may collect information about your location and use such information to determine whether you are in an appropriate location to receive the content and to provide the services you request. Licensor may also aggregate your location data with other location data, after removing or obscuring any of your personally identifiable information, for maintenance and improvement of the Application. We do not retain location information longer than is necessary for such use. We may share your location information with third parties if and only to the extent necessary to provide the services you request. This notice will serve as your sole notice that the Application may collect your location information, and no reminders or further notice will be provided to you.

LICENSE: The Application and accompanying documentation is licensed, not sold or otherwise transferred to you by Licensor. You are hereby granted a limited non-transferable, non-exclusive license to use, for personal, non-commercial use, the Application and any upgrades provided in the Licensor's sole discretion to the Application that replace or supplement the Application, on any iPhone that you own or control as permitted by the Usage Rules for the purpose of viewing the Application's content on your iPhone. You may install copies of the Application on more than one iPhone provided that you are the only individual using the Application and only one copy of the Application is in use at any one time. You may not use the Application on any iPhone that you do not own or control. Except as set forth above, a separate license is required for each additional use and/or individual user. You may not rent, lease, lend, sell, redistribute or sublicense the Application, or distribute or make the Application available over a network where it could be used by multiple devices at the same time. you may not copy the Application (other than as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based in whole or in part on the Application, or any updates to the Application. No portion of the content provided via the Application may be reproduced in any way except as permitted under this License. Licensor and you acknowledge that Apple, Apple's subsidiaries, NBC, and MobiTV are third-party beneficiaries of this License and that upon your acceptance of the terms of this License, Apple, NBC and MobiTV shall have the right (and shall be deemed to have accepted the right) to enforce this License against you as a third-party beneficiary hereof.

RIGHTS RESERVED: All rights not expressly granted herein are reserved by Licensor. The Application contains proprietary content, information and material that is protected by copyright and other applicable intellectual property and other laws, and that you agree that you will not use such proprietary content, information or other materials in any way whatsoever except for permitted uses of the Application. You acknowledge and agree that, as between you and the Licensor, the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Licensor. Furthermore, you acknowledge and agree that, as between you and the Licensor, the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Licensor. This License does not grant you any right to enhancements or updates to, or support or maintenance for, the Application or any modifications made by Licensor. As between you and the Licensor, title to the Application, any modifications and all copies and all intellectual property rights related to such items remain with Licensor. Licensor is free to license the Application on terms different from those contained herein, and by your decision to continue using the Application, you agree to be bound by the most current terms of this License made available in the feature of Application itself. Licensor expressly reserves all rights in and to the Application that are not expressly granted to you under the License. Licensor reserves the right at any time not to release or to discontinue release of any Application and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Application. This provision shall survive termination of this License.

CONTENT: The Application may enable access to Licensor's or third party websites. Use of the services you request may require Internet access and may require that you accept additional terms of service. You understand that by using the Application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Application at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. The Application may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Application, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience. You acknowledge that Licensor, Apple, NBC, nor MobiTV have no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

TERM AND TERMINATION: This License will commence on the date which you receive the Application or on the date which you pay the applicable license fee for the Application (the "Effective Date"), which ever comes first, and will continue in full force and effect, unless terminated earlier as provided herein. This License is effective until terminated. You may terminate this License by deleting the Application, provided that such termination will not entitle you to a refund of the license fee or support fees. It may be terminated at any time, for any reason, by Licensor. The License shall terminate automatically without notice from Licensor if you fail to comply or breach any terms of the License. Upon termination of the License, you shall cease all use of the Application, and destroy any copies of the Application.

If you have paid any fee to Apple for use of the Application, such fee shall be refunded to you in the event of a failure of the Application to conform to any express warranty contained in this License. In any such case, you may notify Apple of such failure and Apple will refund the purchase provide for the Application to you; provided, however, that to the extent permitted by applicable law Apple shall have no other warranty obligation whatsoever with respect to the Application.

YOUR REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT (a) YOU ARE NOT A CITIZEN OF OR LOCATED IN A 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, AND (b) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU BEAR ALL RISKS AS TO SATISFACTORY QUALITY, PERFORMANCE, EFFORT AND ACCURACY OF THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, ANY UPGRADES AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION GIVEN BY LICENSOR SHALL CREATE A WARRANTY. LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR IPHONE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR IPHONE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR IPHONE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT THE DAMAGE TO YOUR IPHONE, LOSS OF THE DATA LOCATED ON YOUR IPHONE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR IPHONE. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS LICENSE.

LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR, APPLE, NBC, MOBI TV OR THEIR RESPECTIVE AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF WORK, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS LICENSE.

INDEMNITY: You agree to defend, indemnify, and hold harmless Licensor, its officers, directors, employees and agents, its affiliates, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable attorneys' fees, made by any third party due to or resulting from your use of the Application, your violation of this License, your violation of the law, your negligent or willful misconduct, or your violation of the rights of any third party. You acknowledge and agree that, in the event of a third party claim relating to your use or possession of the Application, you (and not Licensor, Apple, MobiTV or NBC) will be responsible for the investigation, defense, settlement and discharge of any such claim. You will, however, promptly notify Licensor in writing of such claim. These obligations survive termination of this License.

CHOICE OF LAW: This License and the use of the Application shall be subject to and governed by the laws of the State of New York, excluding its conflicts of law rules. Your use of the Application may also be subject to other local, state, national, or international laws. This provision shall survive termination of this License.

EXPORT CONTROL: You may not export, ship, transmit, or re-export the Application in violation of any applicable law or regulation, including, without limitations, the Export Administration Regulations issued by the United States Department of Commerce.

ADDITIONAL PROVISIONS: 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. 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. You may not assign or transfer this License or any of the rights granted hereunder, and any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

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.

SAFETY: Please do not endanger yourself and others by using the Application while driving or engaging in any other activity that requires your full attention.

QUESTIONS: In the event that you have a question, complaint or claim regarding your use of the Application, you may call AT&T Customer Service by dialing 611 from your iPhone or 1-800-331-0500.