myAT&T End User License Agreement (all other Smartphones)
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD OR USE THE APPLICATION.
The Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. The term "Application" shall refer to and consist of the following: (i) the mobile software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific AT&T website the Application directs You to via any browser located on Your Device.
2. License Grant and Restrictions on Use.
2.1 License Grant.
AT&T grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single wireless handset owned and controlled by You ("Device"), and to access and use the Application on such Device strictly in accordance with the terms and conditions of this License and the myAT&T service agreement associated with Your Device (collectively "Related Agreements").
2.2 Restrictions on Use.
You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; © 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 affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (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; or (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.
3. Intellectual Property Rights.
3.1 Rights to Application.
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T. Furthermore, You acknowledge and agree that 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 AT&T and its affiliates, licensors and suppliers. 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.
3.2 Third Party Software.
The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be "open source" or "publically available" software.
3.3 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, myAT&T (the "AT&T Marks"). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason.
3.4 Infringement Acknowledgement.
You and AT&T acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party\'s intellectual property rights, You (and not AT&T) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify AT&T in writing of such a claim.
4. Restriction on Transfer.
You may not rent, lease, lend, sublicense 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.
5. Use of Information.
5.1 Consent to Use Information.
You hereby authorize and consent to the collection, storage and use, by AT&T and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to AT&T and its affiliates, partners and licensors ("Information"). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and AT&T assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
5.3 Location Services - Android
This Application uses Your Device's "Google Location Services" as that term is defined by the Android OS version applicable to Your Device. AT&T does not control the various data signals that Google uses to locate a device in the Android OS operating system, but AT&T understands that it will at a minimum include Your Device's Global Positioning System (GPS) signal. AT&T also understands that the Android OS may go beyond GPS, and also use Wi-Fi (such as for devices that do not have GPS), or Wi-Fi hot spots, Bluetooth, and other location-specific signals. The myAT&T Application is not independently determining Your location (like a wireless carrier could). Instead, the myAT&T Application is relying solely on Google Location Services, whatever it may be at that point in time.
You can turn Google Location Services on or off at Settings on Your Device. If you turn Google Location Services off, you will be globally denying all applications access to Your location. Alternatively, You can choose which Applications have permission to use Your Google Location Services by going to Your Device's Settings and looking for "Location." Most Android OS versions allow you to toggle Location on and off by Application. (Note: Android OS versions vary across Android devices, so check which Android OS applies to You.)
You can also manage location permissions within the Application itself. The myAT&T Application location permissions are displayed in the Manage App Settings tab in the myAT&T Application. Select Manage App Settings from the main menu, and then select "Manage my device settings for myAT&T." Click or tap on "Location" and choose which setting You prefer. You may also be prompted with a Location Permissions pop-up window from time to time that asks for permission to use Google Location Services even when You are not using the app. You can set and re-set Your Location Permissions as often as You wish.
Whatever data signals are sent from the Android OS on Your Device, the myAT&T Application (if You enable it) will use Google Location Services data to determine if You are located close (e.g. within walking distance) to an AT&T free gift or discounted item at events, movie theatres, or AT&T Stores. Google Location Services in the Application works so long as You set the myAT&T Application location permission to "ON."
If You grant permission to the myAT&T Application to check for Your location, the Device's Google Location Services will feed latitude and longitude data to the myAT&T App servers, which will determine if You are in a location relevant to receive a Push Notification from Your Device's operating system (see sec. 5.4, below). The Google Location Services data will only be used to send Push Notifications to You when You are in close proximity to an AT&T event, movie theatre, or AT&T Store -- and for no other purpose. The movie theatre or event will obviously know You are there, but otherwise, AT&T will not share Your location with any third parties. The Google Location Services and Push Notifications will work in real time as You move close enough to an applicable location. After You leave the location, the myAT&T Application will not remember Your location, and the Android Location Services data feed will not be stored or saved in the myAT&T Application or servers.
The supply of gifts or discounted items may run out between the time You receive the Push Notification and when You arrive at the kiosk, concession stand, or other AT&T location. In order for the myAT&T Application to receive location information from a device, the device must be powered on, remain charged and with Google Location Services enabled. Accuracy of the location information obtained is subject to GPS capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satellite data. By entering into this agreement, You acknowledge the GPS-based location may not be accurate, timely or reliable. AT&T reserves the right to set limits on the use of Push Notifications triggered by Your location via the myAT&T Application at its discretion, and at any time.
5.4 Push Notifications - Android
You may receive a message asking if You would like to allow Push Notifications. Push Notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to Your mobile Device. Push Notifications can be delivered whether or not You are currently logged in to and/or using the Application and whether or not Your Device is in locked and/or sleep mode. The following are examples of the types of Push Notifications we may send, depending on Your AT&T account and Your location at that time:
"Show this message to the AT&T kiosk on concourse level C for a free gift, as a thank You from AT&T"
"Redeem this promo code for a free refreshment at the concession stand, courtesy of AT&T"
"Your wireless bill is ready"
The myAT&T Application will not notify You of the free gift or discount via email or text message, so Push Notifications will be the only method by which the device's location will trigger a notice of AT&T promotional items near Your location. You can revoke the consent to receive Push Notifications at any time, and yet still grant permission to the myAT&T Application to access Your Device's Google Location Services data. Thus if You permit access to Your Device's Google Location Services data, but refuse permission for Push Notifications, nothing will happen if You are in close proximity to the AT&T gift or discounted item.
6. Third Party Content and Services.
You acknowledge that the Application permits access to products, services, Websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party Websites available 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 affiliates, partners, 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. AT&T hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
6.3 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 located 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. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. 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 affiliates, partners, 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 You are not being granted a 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 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 or its affiliates 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.
6.5 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 You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) 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 affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
6.6 Use of Third Party Content and Services.
You agree that the Third Party Content and Services contain proprietary information and material that is owned by AT&T and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that AT&T is not in any way responsible for any such use by You.
7. 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, 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.
8. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION 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 AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. 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 HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL AT&T OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH 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 AT&T 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 AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless AT&T and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the 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, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
AT&T does 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 the 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 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.
12. Product Claims.
You acknowledge that You (not AT&T) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify AT&T of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release AT&T from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
13.1 Governing Law.
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. Any disputes arising from this License shall be adjudicated in the courts of the City of New York. 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.
13.2 Contact Information.
Please direct any questions, complaints or claims related to this License or Your use of the Application to the following:
Address: Obtainable from Customer Support line.
Phone: Customer Support: 800.331.0500
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 effect a party\'s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
13.5 Export Control.
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 (x) 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 (y) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department\'s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person\'s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
13.6 Modification or Amendment.
AT&T may modify or amend the terms of this License by posting a copy of the modified or amended License on the AT&T Device Application EULA website, at: www.att.com. 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 posted on the AT&T Device Application EULA website.
The following sections of this License and any other 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: 1, 2.2, 3, 4, 5, 7, 8, 9, 10, 12 and 13.
13.8 Third Party Beneficiaries.
Except as provided in this Section 12.8, 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.
Except as permitted in Section 4, You shall not assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
13.10 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.