End User License Agreement and Service Terms for
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT AND THESE SERVICE TERMS (COLLECTIVELY, "LICENSE TERMS"), DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD OR USE THE APPLICATION OR THE SERVICE.
THIS APPLICATION SOFTWARE AND THE SERVICE ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION SOFTWARE OR SERVICE, OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE LICENSE TERMS 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 SOFTWARE, OR USING THE SERVICE, 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 THESE LICENSE TERMS, AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THESE LICENSE TERMS AND THE RELATED AGREEMENTS.
DO NOT USE OFFICE@HAND TO CALL 911. IN AN EMERGENCY USE YOUR WIRELINE PHONE OR YOUR WIRELESS NUMBER, NOT THE OFFICE@HAND APPLICATION, TO CALL 911. YOU ACKNOWLEDGE AND AGREE THAT THE OFFICE@HAND APPLICATION IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL NOT USE THE OFFICE@HAND APPLICATION TO CALL 911.
*EMPLOYEES TAKE NOTE*:IF YOUR COMPANY PAYS THROUGH ITS AT&T WIRELESS SERVICE PLAN FOR THE WIRELESS SERVICE THAT YOU USE IN CONNNECTION WITH YOUR USE OF THE APPLICATION, THESE LICENSE TERMS ARE SUBJECT TO THE ARBITRATION CLAUSE OF YOUR COMPANY'S APPLICABLE AT&T WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOUR COMPANY DOES NOT PAY FOR THE WIRELESS SERVICE THAT YOU USE IN CONNECTION WITH THE APPLICATION, BUT INSTEAD YOU HAVE AN INDIVIDUAL AT&T WIRELESS SERVICE PLAN THAT YOU ARE USING OR THAT IS BEING BILLED IN CONNECTION WITH YOUR USE OF THE APPLICATION, THEN THESE LICENSE TERMS ARE SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE AT&T WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF AND TO THE EXTENT THAT NEITHER OF THE ABOVE APPLIES (FOR EXAMPLE, WHERE YOU USE OR ACCESS THE APPLICATION WITH WIRELESS SERVICE PROVIDED BY A SERVICE PROVIDER OTHER THAN AT&T), THESE LICENSE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN SECTION 23 OF THIS LICENSE.
Please read these License Terms carefully before clicking the "Accept" button or downloading or using the Office@Hand application software ("Application Software", as defined in Section 1 below) or the Office@Hand service ("Service", as defined in Section 1 below) including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components or content and any updates, modifications or enhancements to these items accompanying these License Terms. These License Terms are an agreement between You and AT&T Mobility LLC and its affiliates ("AT&T"). "You" ,"you" and "Your", "your" in these License Terms may refer either (i) to an individual employee of a company or other legal entity ("Company" or "company"), where such individual, who accepts these License Terms, uses the Application and/or the Service in the course of his or her employment with such Company, or (ii) to the Company itself, as where the individual who accepts these License Terms does so on Company's behalf (e.g., in his or her capacity as the Company's authorized representative), or (iii) to both, if applicable. If You are an individual accepting these License Terms on behalf of Your Company, You represent and warrant that You have the authority to do so.
Your 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(s) and other providers of Devices and of the Devices' respective hardware and software components, including their operating systems, (iii) the "online store" or other applicable distributor through which the Application is obtained, including without limitation those listed in the "Third Party Terms" section of this License, (iv) any applicable wireless service agreement, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing personal accounts for web content services accessed through the Application ((i) through (vi) 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 these License Terms, or waiving any restrictions on Your rights to use the Application under these License Terms.
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 these License Terms unless the update or upgrade 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 AND SERVICE: For purposes of these License Terms, the "Application Software" means the application software for Office@Hand that can be downloaded to particular Devices. The "Service" means the Office@Hand service, a virtual PBX service that provides small business customers with mobile-centric hosted business communication features and fixed-mobile convergence capabilities, which currently include: 1) Toll free number or local number for voice or fax, 2) Customized Greetings, 3) Auto attendant & extensions; 4) Fax Send & Receive, 5) Call Forwarding, 6) Call Management, 7) Voice mail with email delivery; and 8) Call logs. The "Application" means the Application Software, the Service, and all of their components, content and related materials including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components or content and any updates, modifications or enhancements to these items accompanying these License Terms. The Application cannot be used to place international calls other than to Canada, although the Service will receive calls made from other countries to the United States.
In order for Company or any of its employees to use the Application, either Company or at least one company employee must be an AT&T wireless subscriber, receive a bill from AT&T, and sign up for the Service. A minimum of two users is required. Company employees with Apple® iPhone® Devices with operating systems of 3.1 or higher can download the Application Software and use the Application Software for setup, activation and management of the Service from their iPhone Devices. Company employees with select models of BlackBerry® Devices can download the Application Software and use the Application Software to activate, setup, and to manage the Service from their BlackBerry Devices. Minimal data synchronization charges may apply when using the Application to place calls from iPhone and BlackBerry devices. Company employees with other Devices, both wireline and wireless, must manage the Service online through a web browser and cannot download the Application Software. Internet Access is not provided as part of the Service. It shall be Your responsibility to manage all configuration details. If Company is an AT&T wireless subscriber, then as to Company employees that are AT&T wireless subscribers, wireless airtime minutes used with the Application will decrement from Company's wireless voice plan, if Company pays for its employees' wireless voice minutes, or from the employees' own wireless voice plans, if the employees pay for their own wireless voice minutes. Data used with this Application, for faxes, emails and other services, will be deducted from Company's wireless data plan, if the company pays for its employees' wireless data usage, or from the employees' own wireless data plans, if the employees pay for their own wireless data usage. If Company does not subscribe to AT&T wireless service, wireless airtime and data will be deducted from the employee's plan. If allotted airtime minutes or allotted data usage are exceeded, Company and/or its employees (as the case may be) will incur pay-per-use charges. Only the Responsible Subscriber (as defined in Section 6 below) can authorize the purchase and the use of the Application by Company employees.
B) If You are a Company employee who obtains your wireless service from a provider other than AT&T, You may still use the Application, but You need to check with Your wireless service provider for service plans and supported features. In this case, You must subscribe (either individually or through Company) to another service provider's wireless voice and data services to use the Application's mobile features. If You (or, if You are Company, Your employees) subscribe to another service provider besides AT&T, You are responsible for determining if You incur airtime, data, or other charges with that service provider when using the Application. Under no circumstance will AT&T be responsible for such charges. When You (or, if You are Company, Your employees) use a service provider other than AT&T, it is Your sole responsibility, not AT&T's to ensure that the other service provider will support all features of the Application, and to identify and acquire all required intellectual property licenses prior to installation or use, to determine when You will be charged, and to comply with the terms and conditions of the service provider.
C) Company and its employees, not AT&T, are responsible for downloading the Application and activating on their Devices, and setting up and managing the Service.
3. REGISTRATION PROCEDURES
A) You agree to provide true, accurate, current and complete name(s) and email address(es) and other data to AT&T as part of the set up process and at AT&T's request, and to specify the number and names of employees of Your Company who will be using the Application. If Your Company and/or its employees provide information that is, or that AT&T suspects to be, false, inaccurate, not current, or incomplete, AT&T, its licensors, and suppliers have the right to suspend or terminate the Application and refuse any and all current or future use of all Service. At all times, You shall maintain and promptly update registration data.
B) Up to three numbers (local, toll free number and a dedicated fax number) will be provided per company ("Company Number"). You are solely responsible for maintaining the confidentiality of any passwords, You will be solely responsible for all transactions and activities that occur as a result of Your disclosure of such passwords, even if such transactions and/or activities were not authorized by You. Company is solely liable for any transactions or activities that occur on the Company's (or its authorized representative's) Office@Hand account (the "Account"). You shall immediately notify AT&T if You become aware that any unauthorized use of the Account or any other breach of security related to the Account has occurred. In no event shall AT&T, its licensors, or suppliers be liable for any unauthorized use of the Account.
C) You agree to be responsible for Your use of the Application, including (if You are Company) use of the Account by Your employees and others.
4. APPLICATION USE POLICY
A) The Application is provided primarily for live dialog between two individuals. The Application may not be used for monitoring services; data transmissions other than faxes and voicemails sent as email attachments; transmission of broadcasts; transmission of recorded material other than audio files associated with the voicemail to email service; or other connections which do not consist of primarily uninterrupted live dialog between two individuals. If AT&T finds that You are using the Application for other than live dialog between two individuals, or the permitted purposes above, AT&T, its licensors, and suppliers may, in its sole discretion, terminate Your Service. AT&T will provide notice that it intends to take any of the above actions, and You may terminate this Agreement. AT&T reserves the right to establish limits as to the number of voice minutes a user may use in a month.
B) AT&T reserves the right to block inbound or outbound calls based upon our own internal fraud prevention algorithms. In the event that AT&T must block calls for fraud prevention reasons, AT&T, its licensors and suppliers reserve the right to discontinue the Service without notice, and release Your Number to the national database of available numbers. Whether calls are potentially fraudulent shall be determined at AT&T's, its licensors' and suppliers' sole discretion, based upon internal fraud control algorithms and other factors.
5. AUTHORIZED USES; PROHIBITED USES
A) You understand and agree to use the Application only for lawful purposes and in compliance with these License Terms and the Related Agreements. You shall not, at any time, use the Application for any illegal, fraudulent, improper or abusive purpose or in any way which interferes with our ability to provide services to other customers, prevents or restricts other customers from using the Application, denigrates or interferes with our wireless or wireline network or another carrier's network, or damages any AT&T or other customer's property. Prohibited uses include, but are not limited to: 1) Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another's privacy; 2) Sending unsolicited and/or bulk messages or advertisements, including but not limited to, emails, voicemails or faxes (commercial or otherwise) or otherwise sending bulk or junk emails, voicemails or faxes; 3) Using the Application in any manner that violates federal and/or state do not call laws and regulations; 4) Harvesting or otherwise collecting information about others without their consent; 5) Knowingly transmitting any material that contains viruses, time bombs, Trojan horses, worms, or any other programs that may be harmful or dangerous; 6) Creating a false Caller ID identity ("ID spoofing") or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Application or the location of Your business; 7) Pretending to be anyone, or any entity, You are not, including impersonating or misrepresenting Yourself as another person, entity, AT&T customer, an AT&T employee or agent, or a civic or government leader, or otherwise misrepresenting Your affiliation with a person or entity; 8) Transmitting any material that may infringe the intellectual property rights or other rights of third parties; 9) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Application; and, 10) Using the Application for call-in lines, call centers, trunking (to a PBX or otherwise), conference calling, or other high volume or multi-person calling purposes.
B) You further understand and agree that You shall:
- 1) Be solely liable for any transmissions You send through the Service and understand that AT&T, its licensors and suppliers have no control over the content of any transmission. 2) Abide by all applicable AT&T agreements, policies and procedures. 3) Not attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means. 4) Not interfere with other customers' or third-parties' use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service. 5) Be subject to and comply with all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, commercial solicitation/do-not-call, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising) when using the Service; and 6) Be solely responsible for all Your (or, if You are Company, Your and Your employees') acts or omissions that occur under the Account, including the content of Your (or, if You are Company, your employees') transmissions through the Service.
A) Company will be charged a monthly recurring fee for the Service based on the users/employees authorized to use the Account under the plan, regardless of whether or not an employee downloads the Application Software and/or activates the Service ("Monthly Recurring Fee"). The charges will be billed to the bill of the AT&T subscriber (either Company itself, or a Company employee acting as Company's authorized representative, ordinarily, the contracting manager) who enrolled in the Service for Company (Responsible Subscriber). Charges also include, without limitation, administrative, and late payment charges; regulatory cost recovery and other surcharges; restoral and reactivation charges; and applicable taxes and governmental fees, whether assessed directly upon You or upon AT&T. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. AT&T reserves the right to charge termination and transfer fees consistent with each plan's terms and conditions.
B) The Monthly Recurring Fee and charges are billed in full in advance to the Responsible Subscriber. AT&T may assess a late fee, not to exceed the maximum amount permitted by law, if the Responsible Subscriber fails to pay by the due date and an additional fee for any check returned for nonpayment. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, AT&T may make reasonable adjustments and prorations to charges to the Account.
C) The Responsible Subscriber must live and have a mailing address within AT&T's owned network coverage area.
D) The Monthly Recurring Fee is subject to change at any time, in AT&T's sole discretion, and AT&T reserves the right to change the Monthly Recurring Fee and overage rates at any time. For international calling from foreign countries to the United States and calls to and from Canada and data services used in Canada, international pricing rates will apply.
E) You acknowledge and agree that, in addition to the Monthly Recurring Fee and associated charges, wireless airtime used with the Service will decrement from Company's wireless voice plan or result in pay-per-use charges, if Company is paying for its employees' wireless voice service, or from the employees' wireless voice plans or result in pay-per-use charges, if employees are paying for their own wireless voice services. Faxes, emails, and Voicemail to messages delivered as email will result in data bytes being deducted from the Company's or employees' data plan or pay-per-use charges, depending on whether the Company or the employees pay for wireless data. Company is responsible for determining the charges that any of its employees who are using another provider's service may incur when they use the wireless voice services and email, fax, and voicemail-to-email (VEM) services.
F) AT&T may charge additional fees for optional features, such as additional numbers, add-ons, and other added products and services. You are responsible for all charges, including, but not limited to any toll-free, local, long distance, and directory assistance charges as a result of using the Service.
7. NUMBER OWNERSHIP
You understand and agree that Company is not the owner of any telephone number assigned to Company by AT&T. You understand and agree that AT&T may from time to time need to change the telephone number assigned to Company (due to an area code split or for any other reason). You understand that if the number assigned to Company by AT&T is available for reassignment, it may be reassigned upon termination of your Service. AT&T and its licensors and suppliers will not be liable for any damages, including consequential or special damages, arising out of any such reassignment. In addition, You understand and agree that AT&T, its licensors, and suppliers will not be liable for the failure of any third party to port any telephone number to or from any third party service provider.
8. NUMBER AVAILABILITY
AT&T cannot guarantee requested telephone numbers will be available, that Your existing provider will port Your number, or that circumstances beyond AT&T's or its licensors', suppliers' control will not prevent a successful port of Your number for the Service. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active in the Account. AT&T, its licensors and suppliers will not be liable for reimbursement for press releases, business cards and/or stationery under any conditions.
9. STORAGE/NUMBER OF USERS
You acknowledge that AT&T may change its practices and limitations concerning storage of voicemail messages and call logs, including without limitation, the maximum (a) period of time that voicemail messages and call logs will be retained, (b) number of voicemail messages and call logs stored at any one time and (c) storage space utilized, at any time. AT&T is not obligated to store Your voicemails, sent/received call logs, and/or other information maintained or transmitted by the Service, and does so only as a convenience to You. You agree that AT&T, its licensors, and suppliers have no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service. AT&T also has the right to establish the minimum and maximum number of Service users.
10. VOICEMAIL TO EMAIL MESSAGE (VEM)
AT&T, its licensors, and suppliers are not responsible, nor liable for: 1) errors in the conversion of voicemail messages to email; 2) lost or misdirected messages; or 3) content that is unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable. AT&T does not filter, edit or control voice, or email messages, or guarantee the security of messages. AT&T may, in its sole discretion, interrupt, restrict or terminate VEM without notice if Your use of VEM adversely impacts AT&T's network, or if Your use is otherwise abusive, fraudulent, or does not comply with the law. You are responsible for providing a correct email address and updating Your email address when changes to the email account are made. You acknowledge and agree that AT&T can establish limits as to the length of a voicemail that will be sent as an email and that only part of a voicemail message may be sent as an email.
11. UNSOLICITED ADVERTISEMENTS
A) Distribution of unsolicited advertisements through the Service is prohibited. You shall not use the Service to send or transmit any unsolicited communications or advertisements and understand that, if You do, AT&T may immediately terminate Your (or Company's) right to use the Service without any liability of any kind. At AT&T's option and without further notice, AT&T, its licensors, and suppliers may use technologies, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless AT&T, and its licensors and suppliers , from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or other bulk or unsolicited materials that You may send and/or receive using the Service.
B) If You transmit or are otherwise connected with any email or voice 'spam' or other unsolicited marketing message, You agree to pay AT&T its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay AT&T liquidated damages of ten dollars (US $10.00) for each piece of 'spam' or unsolicited marketing message transmitted from or otherwise connected with the Account. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
12. NO RESALE OF THE SERVICE
Your right to use the Application is limited to the reasonable use of the Company and its employees. You hereby agree not to resell or use the Application for any purpose.
13. SERVICE UPDATES AND FEATURE RELEASES
The Application may be updated periodically, sometimes without prior notification by AT&T. You agree to receive such updates and feature release information as part of your use of the Application. AT&T may discontinue features and will notify you, when possible, of discontinuations of features included as part of the Application.
14. REGULATORY COST RECOVERY FEE
AT&T imposes: a Regulatory Cost Recovery Charge of up to $1.25 to help defray costs incurred in complying with obligations and charges imposed by State and Federal telecom regulations; State and Federal Universal Service charges; and surcharges for government assessments on AT&T. These fees are not taxes or government-required charges. All fees are subject to change without notice.
15. TELEPHONE DIRECTORIES
You acknowledge that telephone numbers assigned as part of these License Terms will not be included in AT&T's White Pages or Yellow Pages.
16. LICENSE GRANT AND USE RESTRICTIONS
16.1 License Grant. Subject to the restrictions set forth in Section 16.2, AT&T grants You a personal , revocable, non-exclusive, non-assignable, non-sublicenseable, non-resellable, non-transferable, limited right to install and use the Application Software on the particular iPhone and BlackBerry Devices associated with the Account, and to access and use the Application Software on such Devices strictly in accordance with the terms and conditions of these License Terms. You represent, warrant and agree that You are using the Application solely for Company's (including the employees' covered by the Account) use and not for redistribution or transfer of any kind. The Application can place calls only in the United States and Canada.
16.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application Software, even for research purposes; (b) make any modification, 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 affiliates, partners, licensors, or suppliers; (e) use the Application in a manner that derives revenue directly from the Application, or use the Application for any other purpose for which it is not designed or intended; (f) 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, its licensors or suppliers; (g) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (h) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T, its licensors or suppliers in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (i) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Devices or (j) 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 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.
16.3 New Versions of the Application. AT&T, its licensors and suppliers, in their sole discretion, reserve the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application. You acknowledge and agree that AT&T, its suppliers and licensors have no obligation to make available to You any subsequent versions of the Application. You also agree that You may have to enter into a renewed version of these License Terms if You want to download, install or use a new version of the Application.
In addition, You acknowledge that AT&T, its licensors and suppliers have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
17. INTELLECTUAL PROPERTY RIGHTS.
17.1 Rights to Application. You acknowledge and agree that the Application, any copies of the Application Software (including without limitation any copy that You download, install, or use on Your Device(s)), 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 partners, 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 partners, licensors and suppliers. Title to the Application shall remain with AT&T. AT&T and its partners, 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 of the Application Software ) at any time without notice and will have no liability for doing so. Except as expressly stated in these License Terms, 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 these License Terms are hereby reserved and retained by AT&T.
17.2 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 are trademarks and service marks owned by and used under license from AT&T: "AT&T" and "Office@Hand" (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.
17.3 Open Source Software. The Application may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and these Service Terms and the Open Source License Terms, the Open Source License Terms shall control.
18. TERM AND TERMINATION. The term of this Agreement begins on the date AT&T activates the Service for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof.
A) Company may cancel any or all of its employees' use of the Application and Service with or without cause at any time.,p/>
B) You understand and agree that AT&T, its licensors, or its suppliers may at any time, and without additional notice to You, temporarily or permanently terminate, modify, limit, suspend, disconnect, discontinue, deny or block access to some or all of the features of the Application if: 1) Your Account is inactive for a period of 90 days or longer; 2) AT&T determines that Your use of the Application violates or has at any time violated these License Terms or any other applicable agreement between You and AT&T; 3) AT&T determines that such action is necessary to maintain or improve the Application, to prevent fraud or misrepresentation by affirmative acts and/or omissions, or to protect other users or third parties, or that You have performed any act or omission which is harmful or likely to be harmful to AT&T or to any third party, including other users or licensors or suppliers of AT&T; 4) such action is required for compliance with requests by law enforcement or other government agencies; 5) You have breached these License Terms; 6) You have performed any act or omission that violates any applicable law, rule, or regulation; 7) You made use of the Application to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; 8) You fail to pay any amount owed to AT&T within 5 days after the due date, or if You have in the past failed to pay amounts due to AT&T, or if You breach any representation or fail to perform any of the promises You have made in these License Terms, in which case You will be in default and AT&T may, in its sole discretion and with or without prior notice, restrict or terminate Your use of the Application and/or terminate these License Terms, in addition to all other remedies available to AT&T; 9) the number of minutes included for Account, either for the Company or employee(s) are exceeded; or 10) AT&T decides to discontinue this Application in its sole discretion.
C) Upon any termination in accordance with the foregoing, AT&T or its licensors or suppliers may immediately deactivate or delete the Account and all related information and files in the Account and/or bar any further access to such files, information, or the Application. Except as otherwise provided in this Agreement, AT&T will provide Company notice of termination and provide Company thirty days (30) to export call logs, voicemails, and other records.
D) AT&T and its licensors and suppliers shall not be liable to You or any third party for any reason for terminating Your use or access to the Application.
E) If Company terminates the Account, AT&T will issue a pro-rated refund of any pre-paid amounts. If AT&T terminates Your right to use the Service, other than because Company has discontinued the Account, Company shall not be entitled to any refund or pro ration of any pre-paid amounts.
F) AT&T may require reactivation charges to re-establish the Account or otherwise renew the Service after termination or suspension.
G) Upon termination, Company is responsible for paying all amounts and charges owing under these License Terms.
H) The Account will be terminated if AT&T is not able to confirm an order by phone and does not receive any replies from the Account holder.
19. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR PROVIDED THEREBY, IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OR FUNCTIONALITY, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING, OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE OR THESE SERVICE TERMS, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL RISK ASSOCIATED WITH THE SERVICE SHALL BE BORNE SOLELY BY YOU.
FURTHERMORE, AT&T AND ITS SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION 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. AT&T, ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE FOR CALLS, MESSAGES, VOICEMAILS, EMAIL, FAXES, TRANMISSIONS, OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE, AT&T'S OR OTHER CARRIER NETWORKS, OR THE INTERNET IN GENERAL. 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.
AT&T, ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR GUARANTEE THAT: A) THE APPLICATION IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. B) ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT CALLS, VOICEMAILS, VOICEMAIL TO EMAIL MESSAGES, AND FAX TRANSMISSIONS ARE SECURE, AT&T MAKES NO GUARANTEES OF SECURITY. C) AT&T MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE QUALITY OF VOICE, VOICEMAIL, VOICEMAIL TO EMAIL MESSAGES, OR FAX COMMUNICATIONS. D) THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE APPLICATION OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE APPLICATION. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK.
FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T, ITS SUPPLIERS, AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS, INCLUDING, BUT NOT LIMITED TO DIALING 911 OR OTHER EMERGENCY SERVICES, WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN DATA OR INFORMATION PROVIDED BY YOU RELATED TO THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.
AT&T, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICES, SOFTWARE, EQUIPMENT OR DEVICES INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE(S) TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE(S), LOSS OF THE DATA LOCATED ON YOUR DEVICES, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE(S).
YOU ACKNOWLEDGE AND AGREE THAT AT&T AND ITS SUPPLIERS AND LICENSORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS SUPPLIERS, LICENSORS OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC (INCLUDING BUT NOT LIMITED TO LOST REVENUE OR LOST PROFITS), PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY EXTENDS TO ANY LIABILITY, DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF REVENUE AND COSTS, EXPENSES AND PAYMENTS THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR MISUSE OF OR THE INABILITY TO USE THE APPLICATION, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE APPLICATION, OR FROM ANY FAULT OR ERROR MADE BY AT&T, ITS LICENSORS, OR SUPPLIERS, OR FROM YOUR RELIANCE ON THE APPPLICATION, OR FROM ANY COMMUNICATION WITH AT&T OR FROM ANY DENIAL, SUSPENSION, TERMINATION, OR CANCELLATION OF YOUR ACCOUNT, REGARDLESS OF WHETHER AT&T, ITS LICENSORS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S, AND ITS LICENSORS' AND SUPPLIERS' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO AT&T FOR THE APPLICATION IN THE MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENT GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED (EXCLUDING CHARGES AND FEES PAID FOR WIRELESS SERVICE OR DATA PLANS) OR TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. 911 LIMITATIONS
You acknowledge the limitations and the distinctions between the provision of 911 services over the Service and traditional 911 or E911 calls. Company agrees to inform its employees of these limitations and to do so prior to employees' use of the Service.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT AT&T, ITS LICENSORS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE FOR ANY LOSSES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY INABILITY TO DIAL 911 OR REACH A PUBLIC SAFETY ANSWERING POINT OR EMERGENCY RESPONDER USING THE APPLICATION OR TO ACCESS EMERGENCY SERVICE PERSONNEL FOR ANY REASON OR YOUR USING THE APPLICATION TO DIAL 911 OR THEIR INABILITY TO DETERMINE YOUR LOCATION IF YOU USE THE APPLICATION TO DIAL 911.
22. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T, its suppliers and licensors, anyone acting on their behalf including AT&T's vendors and contractors 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 Your and/or Your employees' (i) access to or use of the Application; (ii) breach of these License Terms; (iii) violation of law; (iv) negligence or willful misconduct; or (v) violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the Application.
23. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
IF YOU ARE AN INDIVIDUAL OR CORPORATE OR BUSINESS AT&T WIRELESS SERVICE SUBSCRIBER AND USE THE WIRELESS APPLICATION IN CONNECTION WITH YOUR AT&T WIRELESS SERVICE PLAN, THESE LICENSE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE A COMPANY EMPLOYEE AND YOU USE THE APPLICATION IN CONNECTION WITH YOUR COMPANY'S AT&T WIRELESS SERVICE PLAN, THESE LICENSE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR COMPANY'S APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF AND TO THE EXTENT THAT NEITHER OF THE FOREGOING APPLIES (FOR EXAMPLE, IF YOU ARE USING THE APPLICATION IN CONNECTION WITH WIRELESS SERVICE FROM A PROVIDER OTHER THAN AT&T , THESE LICENSE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if AT&T has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these License Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees from AT&T to at least the same extent as You would be in court.
In addition, under certain circumstances (as explained below), AT&T will pay You more than the amount of the arbitrator's award and will pay Your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards You an amount that is greater than what AT&T has offered You to settle the dispute.
23.1 Arbitration Agreement.
- 1) AT&T and You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before these License Terms or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
- claims that may arise after the termination of these License Terms.
For purposes of this Section 23.1 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 Devices under these License Terms 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 these License Terms, You and AT&T are each waiving the right to a trial by jury or to participate in a class action. These License Terms evidence 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 these License Terms.
2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: General Counsel, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
3) After AT&T receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If You are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these License Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://att.com/arbitration-information.) The arbitrator is bound by these License Terms. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your billing address. If Your claim is for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse AT&T for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
4) If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:
- pay You the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
- pay Your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration ("the attorney premium").
If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
5) The right to attorneys' fees and expenses discussed in paragraph 23.1.4 above supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7) Notwithstanding any provision in these License Terms to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while these License Terms are in effect, You may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.
24.1 Governing Law and Limitation of Actions. Except to the extent preempted or inconsistent with federal law, these License Terms shall be deemed to take place in the state of Georgia and shall be governed by and construed in accordance with the laws of Georgia, excluding its conflicts of law principles. These License Terms 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 is not intended to and does not alter any provisions of Your applicable wireless service agreement.
24.2 Contact Information. In the event that you have a question, complaint or claim regarding your use of the Application, please call AT&T Customer Service by dialing 611 from your Wireless device if you are an AT&T Wireless service subscriber or 1-800-331-0500 or visit att.com/db.
24.3 Severability. If any provision of these License Terms is held to be invalid or unenforceable with respect to a party, the remainder of these License Terms, 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 these License Terms shall be valid and enforceable to the fullest extent permitted by law.
24.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these License Terms 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.
24.5 Jurisdictional Issues, Export Control. This Application is intended for use 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.
24.6 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 AT&T's, its licensors', and suppliers' rights in privately developed commercial software.
24.7 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.
24.8 Modification or Amendment. AT&T may modify or amend these License Terms at any time by making a copy of the modified or amended License Terms available through the Application or by posting such copy at the website www.att.com/officeathandpolicy . 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 Terms are made available through the Application or the website www.att.com/officeathandpolicy.
24.9 Survival. Any provisions of these License Terms which by their express language or by their context are intended to survive the termination of these License Terms shall survive such termination, including, but not limited to, Sections 4-6, 10-12, and 16 -24.
24.10 Third Party Beneficiaries. Entities licensing or supplying software or other intellectual property to AT&T in the provision of the Application shall be third party beneficiaries to these License Terms and shall have right to enforce the terms and conditions of these License Terms. Except as provided in these License Terms or in the Related Agreements, nothing contained in these License Terms 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.
24.11 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, in whole or in part, these License Terms, or any of the rights granted hereunder, provided, however, that Your Company can substitute one employee for another employee, so if one employee were to leave Your Company and another employee were to be hired, the new employee can use the Office@Hand Service of the employee that left the company. Any attempted transfer in contravention of this provision shall be null and void and of no force and effect. AT&T may assign these License Terms without restrictions. Subject to the foregoing, these License Terms shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
24.12 COOPERATION WITH LAW ENFORCEMENT. AT&T reserves the right at all times to disclose any information as AT&T deems necessary to satisfy any applicable law, regulation, legal process or governmental request. AT&T reserves the right but is not obligated to review the content of any of Your messages for compliance with these License Terms and other legal requirements upon receipt of a complaint. AT&T further reserves the right to take any other action with respect to the Application that AT&T deems necessary or appropriate, in its sole discretion, if AT&T believes You or Your information may create liability for AT&T or others, or compromise or disrupt the Application for You or other customers.
24.13 FORCE MAJEURE. Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, terrorism, war, strikes or work stoppages, or government requirements.
24.14 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; 2) A description of the copyrighted work that you claim has been infringed upon; 3) A specific description of where the material that you claim is infringing is located on the Sites; 4) your address, telephone number, and e-mail address; 5) 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; 6) 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 on the Sites 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: email@example.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 www.att.net/legal/copyright.
24.15 Entire Agreement. These License Terms including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersede all prior or contemporaneous understandings regarding such subject matter.
Third Party Terms. The below Third Party Terms are incorporated herein and made part of these License Terms: APPLE: Additional provisions and Usage Rules required by Apple, Inc. ("Apple") may be found at http://www.apple.com/legal/itunes/appstore/us/terms.html. If and to the extent that any of Your Company's/employees' Devices are manufactured by Apple or if You obtain the downloadable Application Software through iTunes, You and AT&T acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these License Terms, and that, upon Your acceptance of these License Terms, Apple will have the right to enforce these License Terms against You in its capacity as a third party beneficiary to the License Terms. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
RIM: If and to the extent that any of Your Company's/employees' Devices are manufactured by Research In Motion Ltd. ("RIM") or if You obtain the downloadable Application Software through the BlackBerry App World, You acknowledge and agree that RIM and any merchant of record ("MoR") that made this Application available to You within the BlackBerry App World are third party beneficiaries to this License, and that, upon Your acceptance of the License Terms, both RIM and any MoR will have the right to enforce these License Terms against You in its capacity as a third party beneficiary to the License Terms.
JSON - If You or Your employees download the Application Software, You also acknowledge and agree to the End User License Agreement found at www.ringcentral.com/legal/other_licenses/JSON-Framework.html.