AT&T Service & Support Tool Terms and Conditions
THE "SOFTWARE" INCLUDES SOFTWARE FROM AT&T INTERNET SERVICES ("AT&T") (AND ITS LICENSORS, INCLUDING, BUT NOT LIMITED TO (AS APPLICABLE)), MOTIVE, INC. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD PROCESS) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE. IN ORDER TO INSTALL THE SOFTWARE YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENTS (INCLUDING ANY TERMS THAT ARE DISPLAYED TO YOU IN A POP-UP SCREEN JUST BEFORE YOU CAN INSTALL THE SOFTWARE). THESE SOFTWARE LICENSE AGREEMENTS ARE LEGALLY BINDING CONTRACTS THAT SHOULD BE READ IN THEIR ENTIRETY. IF YOU DECIDE TO DECLINE THE TERMS OF ANY OF THE REQUIRED SOFTWARE LICENSE AGREEMENTS YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE. AFTER YOU HAVE READ ALL OF THE AGREEMENTS, CLICK ON THE "I ACCEPT" BUTTON BELOW IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS. YOU MAY THEREAFTER INSTALL AND USE THE SOFTWARE ACCORDING TO THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN CLICK ON THE "I DECLINE" BUTTON, AND AS A RESULT YOU ARE NOT PERMITTED TO INSTALL OR USE THE SOFTWARE. YOU AGREE THAT BY YOUR INSTALLATION OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE LICENSE AGREEMENTS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS.
A. AT&T SOFTWARE LICENSE AGREEMENT (INCLUDING THE ABOVE TERMS, "AT&T AGREEMENT")
1. This AT&T Agreement applies to all the software installed by this installer program that AT&T licenses to you (together with each revised or updated version thereof) ("AT&T Software") and any beta test software that you choose to use. This AT&T Agreement also applies to AT&T's liability to you, if any, with respect to any software for which AT&T does not grant you a license (i.e., software which you license directly from the manufacturer). (All of the above referenced software is, collectively with the AT&T Software and any beta test software, referred to as the "Software" for purposes of this AT&T Agreement). THE FOLLOWING AT&T AGREEMENT EXPLAINS HOW YOU MAY USE THIS SOFTWARE. BY CLICKING ON THE "I ACCEPT" BUTTON IN THIS INSTALLER PROGRAM, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE THE SOFTWARE. IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS BELOW, THEN AT&T DOES NOT GRANT YOU A LICENSE TO USE THE SOFTWARE. CLICK ON THE "I DECLINE" BUTTON TO EXIT THE INSTALLER PROGRAM. IN THIS CASE YOU MAY NOT INSTALL THE AT&T HOMEVIEW NETWORK MANAGEMENT TOOL.
2. The applicable Software, is licensed to you by AT&T solely for your own individual use in connecting to and using the AT&T Internet access service, or "Service" (and no other service) from within the 50 United States, the District of Columbia, and Puerto Rico, and for no other purpose. You may use or copy the Software only as instructed in writing by AT&T. You may copy the Software for archival purposes, provided any copy must contain all of the original copyright and proprietary notices. Use or copying for any other purpose is prohibited and is a breach of this AT&T Agreement. As between you and AT&T, the Software files remain the property of AT&T at all times, and AT&T may make changes to the number and/or content of these files directly while you are connected to the Service. You accept the terms of this license by installing the Software. This license will terminate upon termination of your membership or right to use the Service. At that time, you must stop using the Software and either return the Software to AT&T or destroy it. You acknowledge and agree that AT&T provides only the support and help-desk assistance for the Software that it makes generally available to the public from time to time. AT&T is not responsible in any way for any software, services, or devices used in connection with the Software, the Service or the Internet, unless such programs, software, services, or devices are recommended or provided to you by AT&T. You acknowledge the Software is proprietary and confidential to AT&T and its licensors or other third party owners. This AT&T Agreement does not convey any rights of ownership to you; title to and ownership of all rights in trademarks, service marks, patents, copyrights, trade secrets and other intellectual property in the Software and any copy shall remain with AT&T and its licensors or other third party owners. You shall not transfer, sublicense, copy, reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software.
3. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AT&T DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AT&T DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AT&T OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION(INCLUDING BUT NOT LIMITED TO COMPUTER FAILURE OR MALFUNCTION, DAMAGES TO COMPUTER HARDWARE OR SOFTWARE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE/INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF AT&T OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AT&T'S ENTIRE LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE AND RELATED AT&T INTERNET ACCESS OR $100.00 U.S. dollars.
5. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and you are warranting that you are not a "foreign person" or under the control of a foreign person. The AT&T Software 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 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.
6. You agree to indemnify and hold AT&T harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this AT&T Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
7. This AT&T Agreement shall be governed by the laws of the State of Texas, except conflict of law rules. In any suit wherein AT&T is named as a party, Texas is the exclusive venue if the action includes a claim arising out of or relating to this Agreement or the use of the Licensed Software. The United Nations Convention on the International Sale of Goods shall not apply to this AT&T Agreement. This AT&T Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
8. If, for any reason, a court of competent jurisdiction finds any provision of this AT&T Agreement, or portion thereof, unenforceable, then the remainder of the AT&T Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
9. AT&T's failure, in any instance, to exercise any of its rights under this AT&T Agreement will not constitute a general waiver of such or any other rights hereunder.
10. Sections 2 - 10 will survive any termination of this AT&T Agreement.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. AFTER YOU HAVE READ THE AGREEMENT, CLICK ON THE "I ACCEPT" BUTTON BELOW IF YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. YOU MAY THEREAFTER INSTALL AND USE THIS SOFTWARE (THE "LICENSED SOFTWARE") ACCORDING TO THOSE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE "I DECLINE" BUTTON, AND DO NOT INSTALL OR USE THE LICENSED SOFTWARE. YOU AGREE THAT YOUR USE, COPYING, OR OTHERWISE MANIPULATING OF THE LICENSED SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
1. LICENSE: AT&T Internet Services and Motive, Inc. ("Motive") hereby grant you a nonexclusive, nontransferable right to use the Licensed Software on your computer for your personal use. You shall not have the right to copy, modify, sell, or transfer any part of the Licensed Software.
2. RESTRICTIONS: Except as specifically permitted in writing by Motive, you shall not have the right to:
a. Copy the Licensed Software;
b. Sublicense or permit simultaneous use of the Licensed Software by more than one user;
c. Resell, rent, lease, transfer, distribute, or otherwise provide the Licensed Software to a third party;
d. Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Licensed Software; or
e. Remove any copyright notice or any proprietary trade or service marks or notices of Motive from the Licensed Software or any related documentation.
3. OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title, ownership rights, and intellectual property rights to the Licensed Software and all copies thereof remain with Motive and AT&T Internet Services. The Licensed Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Except as expressly provided herein, neither Motive nor AT&T Internet Services or its affiliates grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.
4. COLLECTED INFORMATION AND MODIFICATION OF SETTINGS: During the installation of the Licensed Software, you may be requested to input certain information about yourself (such as your first and last name, your username, etc.), which will be sent to Motive and AT&T Internet Services. In addition, use of the Licensed Software will send to Motive and AT&T Internet Services certain information about the configuration of your computer. All of this information may be used by Motive for its internal operational purposes only and this information may be used by AT&T Internet Services in accordance with your agreements with your AT&T Internet Services. BY AGREEING TO THIS AGREEMENT, YOU HEREBY GRANT TO MOTIVE AND AT&T INTERNET SERVICES THE RIGHT TO USE THIS INFORMATION AS PROVIDED HEREIN, AND YOU HEREBY WAIVE THE RIGHT TO BRING A CLAIM OR LAWSUIT AGAINST MOTIVE OR AT&T INTERNET SERVICES ARISING OUT OF OR RELATING TO THEIR USE OF THAT DATA. Also, your use of the Licensed Software may modify Internet-related software settings on your computer and will set networking configuration parameters on your computer. BY AGREEING TO THIS AGREEMENT, YOU HEREBY GRANT MOTIVE AND AT&T INTERNET SERVICES THE RIGHT TO CHANGE THE INTERNET-RELATED SOFTWARE SETTINGS ON YOUR COMPUTER AND SET NETWORKING CONFIGURATION PARAMETERS ON YOUR COMPUTER, AND YOU WAIVE ANY CLAIM THAT MAY BE ASSERTED AGAINST MOTIVE OR AT&T INTERNET SERVICES FOR ANY HARM THAT MAY ARISE FROM OR MAY BE RELATED TO THOSE CHANGES AND/OR SETTINGS.
5. MOTIVE CLIENT FOUNDATION: During your use or installation of the overall Licensed Software, the Motive Client Foundation ("CFD.exe") may be installed on your computer. The Motive Client Foundation is a small application that resides on your computer and facilitates communications between the client software on your computer and AT&T Internet Services' servers that manage these applications. The Motive Client Foundation periodically queries Motive or AT&T Internet Services' servers for one or more of the following reasons (a) to upload the subscriber registration information that is collected at installation, or (b) to check for available updates to your broadband access and support software or messages from AT&T Internet Services, or (c) for authentication to AT&T Internet Services servers for certain application communications. By using the Licensed Software, you are granting Motive and AT&T Internet Services the right to collect and use this information and to send information and communications to your computer, as Motive and/or AT&T Internet Services deem necessary or appropriate. Furthermore, by using the Licensed Software, you are waiving the right to bring a claim or lawsuit against Motive or AT&T Internet Services arising out of or relating to Motive or AT&T Internet Services sending information or communications to your computer. You will need to uninstall the Motive Client Foundation in order to remove this application from your computer upon termination of your use of the Licensed Software. To uninstall CFD.exe, or any other applications installed by the Licensed Software on your computer, please follow standard un-installation procedures for your operating system.
6. RIGHT TO TERMINATE NETWORK-BASED SERVICES: By using the Licensed Software, you acknowledge and agree that Motive and AT&T Internet Services shall at all times retain the right to terminate any and all on-going network-based services that you receive pursuant to your use of the Licensed Software for any reason whatsoever, including without limitation your refusal to allow Motive and/or AT&T Internet Services to install on your computer any upgrade or modification to the Licensed Software in the future.
7. DISCLAIMER OF WARRANTY: REGARDLESS OF WHETHER YOU ACTUALLY REGISTER TO USE THE LICENSED SOFTWARE, THE LICENSED SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, AND MOTIVE AND AT&T INTERNET SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NONINFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. NEITHER MOTIVE NOR AT&T INTERNET SERVICES WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED.
8. LIMITATION OF LIABILITY: IN NO EVENT SHALL MOTIVE, AT&T INTERNET SERVICES, OR ANY OF THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO COMPUTER FAILURE OR MALFUNCTION, DAMAGES TO COMPUTER HARDWARE OR SOFTWARE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE/INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF MOTIVE OR AT&T INTERNET SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: The Licensed Software and documentation are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR52.227- 14 and DFAR252.227-7013 et seq. or its successor. Use of the Licensed Software by the Government constitutes acknowledgment of Motive, Inc's and AT&T Internet Services proprietary rights in the Licensed Software.
10. APPLICABLE LAWS: This Agreement is governed by the laws of the State of New York. In any suit wherein Motive, Inc or AT&T Internet Services is named as a party, New York is the exclusive venue if the action includes a claim arising out of or relating to this Agreement or the use of the Licensed Software. You may not export the Licensed Software in violation of U.S. export laws and regulations. YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE AGREEMENTS AND UNDERSTAND THEM. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF EACH AGREEMENT WITH RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT. IF YOU AGREE WITH EACH AND EVERY TERM AND AGREEMENT SET FORTH ABOVE, CLICK ON THE "I ACCEPT" BUTTON BELOW AND CONTINUE USING THE LICENSED SOFTWARE. IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "I DECLINE" BUTTON BELOW. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.