Important Information

IMPORTANT LEGAL LICENSE:

 

IN ORDER TO ACCESS AT&T COMMUNICATION MANAGER OR CONNECTION MANAGER (HEREINAFTER COLLECTIVELY REFERRED TO AS “COMMUNICATION MANAGER”) OR USE THE SOFTWARE YOU MUST BE AT LEAST 18 YEARS OLD.  THE “SOFTWARE” INCLUDES SOFTWARE FROM AT&T Mobility L.L.C.   (herein “AT&T”). THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM, OTHER STORAGE MEDIA, ON-BOARD WIRELESS DEVICE MEMORY, OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE.

 

IN ORDER TO INSTALL THE SOFTWARE YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENT.  THIS SOFTWARE LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY.    BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT in addition to the AT&T wireless service agreement associated with Your Device and the AT&T Privacy Policy located at att.com/privacy as amended from time to time, which sets forth and describes the practices of AT&T with respect to the collection, use and disclosure of information including in connection with Your use of the Software (“Related Agreements”).  This Software may be downloaded and used only by wireless customers of AT&T.

 

This License Agreement is a legal agreement between you (either an individual or a single entity) and AT&T for Communication Manager, which includes computer software and may include associated media, printed materials and “online” or electronic documentation.

 

  1. Single User License Grant.  This License Agreement applies to all the software installed by this program that AT&T licenses to you, together with each revised or updated version thereof and any associated documentation provided by AT&T (the "Software"). This License 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). Subject to the provisions of this Agreement, AT&T hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the object code version of the Software and any related documentation provided by AT&T solely for your individual, personal use and in accordance with the terms and conditions of this Agreement. This license is for the download of one copy of the Software onto one device.  You agree to use the Software only for connecting your device and managing that connection with AT&T’s wireless Data Services and AT&T’s Wi-Fi Services (herein “Service”).  This license will terminate upon termination of your Service or right to use the Service. At that time, you must stop using the Software and AT&T may without notice to You disable the Software.
  2. Copies.  You may use or copy the Software only as instructed herein, or otherwise 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 the Software for any other purpose is prohibited and is a breach of this License 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.
  3. Upgrades and Maintenance. If AT&T makes any updates or upgrades to the Software or services available to You, such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Software or service 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 fees), shall apply. 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. AT&T may, but is not obligated to provide maintenance, technical or other support for the Software.
  4. Restrictions on Use.  You shall use the Software strictly in accordance with the terms of this Agreement and the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Software; (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 Software; (e) use the Software for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Software to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Software to multiple Devices; (h) make the Software available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i)  use the Software 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 Software 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 software, accessories or devices for use with the Software.  These obligations survive termination of this License.
  5. No Responsibility For Third Party Content and Services.
  6. a)  General. You acknowledge that the Software may permit 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”). 
    b)  Disclaimer. You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Software).  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, appropriateness, accuracy, completeness, copyright compliance, decency, legality, or any other aspect of the Third Party Content and Services.
    c)  Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Software are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.  You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that AT&T and its 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 this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.  You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T is not in any way responsible for any such use by You.
    d)  Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T 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 Software, although AT&T has no obligation to restrict or deny access even if requested by You.
    e)  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. 

  7. Intellectual Property Rights. You acknowledge the Software and all copyrights, patents, trademarks, trade secrets, and intellectual property rights associated therewith is proprietary and confidential to AT&T, its licensors and its suppliers and shall remain the property of AT&T or its affiliates, licensors and suppliers.  Furthermore, You acknowledge and agree that the source and object code of the Software and the format, directories, queries, algorithms, structure and organization of the Software are the intellectual property and proprietary and confidential information of AT&T and its affiliates, licensors and suppliers.  Title to the Software shall remain with AT&T.  This License 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, its licensors and suppliers. You shall not transfer, lend, lease, sublicense or otherwise distribute, copy except as permitted by this License, make derivative works of, the Software.  The Software is licensed, not sold.
  8. 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 (the “AT&T Marks”): AT&T and the AT&T logo. You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason.  These obligations survive termination of this License.
  9. DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND THIRD PARTY CONTENT IS AT YOUR SOLE RISK. THE SOFTWARE AND THIRD PARTY CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AT&T,  ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE 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 SOFTWARE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.  AT&T does not warrant that the Software 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 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.  Should the Software prove defective, you assume the entire burden of all necessary expenses, servicing, repair, or correction.  YOU ACKNOWLEDGE THAT AT&T HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SOFTWARE. you acknowledge that the Software IS not intended or suitable for use in situations or environments where the misuse of, failure of, or errors or inaccuracies in the content, data or information provided by, the Software could lead to death, personal injury, or severe physical, property, or environmental damage.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER.  AT&T, ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE SOFTWARE IN TERMS OF RELIABILITY, ACCURACY, CORRECTNESS, QUALITY, APPROPRIATENESS FOR A PARTICULAR TASK, SOFTWARE, OR OTHERWISE. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
  10. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T OR ITS AFFILIATES, PARTNERS, CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE FOR accidents, property damage, personal injury, death, or FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE  DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFROMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AT&T’S, ITS LICENSORS’ AND SUPPLIERS' ENTIRE LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO A CREDIT OF $25.00. YOU ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS AGREEMENT ARE REASONABLE AND REFLECT THE FACT THAT THE SOFTWARE IS MADE AVAILABLE TO YOU AT NO CHARGE.
  11. Indemnification.  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 Software 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. These obligations survive termination of this License.
  12. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software 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 Person’s List or Entity List. You also agree that You will not use the Software for any purposes prohibited by United States law.  
  13. Restricted Rights. The 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.
  14. Performance or Benchmark Testing.  You may not disclose the results of any benchmark test using the Software to any third party without AT&T’s prior written approval.
  15. Reservation of Rights.  AT&T reserves all rights not expressly granted to you in this License Agreement.
  16. Data Usage Estimates and Warnings.   AT&T Communication Manager contains a usage meter feature that tracks estimated data usage, specifically megabyte usage and allows you to receive warnings, at your request, when you approach or exceed the allowance included in your plan during the current and future bill cycles.   The amount of data shown on your usage meter is an estimate only. The amount of data you are billed for may be higher in some instances than the amount of data shown on your usage meter.  Actual billed usage can be higher than estimated data usage for various reasons, including, but not limited to, if you use your device and our Data Services while roaming, you use the SIM card with another device, or you use a tethered handset, and especially when using your device and data services outside the US.  As a result data usage information displayed to you may be less than the bytes you have actually used and are billed for and you may receive the warnings after you have exceeded the allowance included in your plan.  AT&T, therefore, cannot guarantee that you will receive a warning message before you exceed the allowance included in your plan, nor can we guarantee you will receive a warning in all instances, and you waive any claim against AT&T for failing to provide you a warning before you exceed the allowance included in your plan.
  17. Wi-Fi Access.  Provided you have an activated SIM card and a qualifying AT&T data plan, AT&T Communication Manager auto-authenticates with AT&T  Wi-Fi Hot Spots.  AT&T Wi-Fi service use is subject to the Terms of Services & Acceptable Use Policy ("Terms") found at www.att.com/attwifitosaup Your use represents your agreement to those Terms, incorporated herein by reference.
  18. Termination.  Without prejudice to any other rights, AT&T may cancel this agreement if you do not abide by the terms and conditions, in which case you must destroy all copies of the Software and all of its component parts.  In addition, AT&T may, without further notice to you, cancel this Agreement and disable your use of the Software if you do not restore or reestablish an AT&T wireless service account within 30 days after the expiration of your then-current AT&T wireless service account.  This software license will expire if you do not use the Communication Manager software to connect to AT&T’s wireless network for 90 consecutive days.   AT&T may modify, upgrade, or replace the Software and reserves the right to discontinue use of this Software.  AT&T may terminate this Agreement at anytime, and AT&T shall not have any liability to you arising from or related to the termination of this Agreement. 
  19. Consent to Use of Data.  You agree that AT&T and its affiliates may collect and use technical information you provide as a part of support services, if any, related to the Software.  AT&T agrees not to use this information in a form that personally identifies you.
  20. Governing Law. This License Agreement shall be governed by the laws of the State of New York, except conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply to this License Agreement.  
  21. Modification or Amendment. AT&T may modify or amend the terms of this License at any time by posting a copy of the modified or amended License available through the Software or at http://www.wireless.att.com/businesscenter/popups/general/communication-manager-legal-license.jsp or other web site.  You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Software following the date in which the modified or amended License is made available.
  22. Severability.  If, for any reason, a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, unenforceable, then the remainder of the License 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.
  23. Waiver.  AT&T’s failure, in any instance, to exercise any of its rights under this License Agreement will not constitute a general waiver of such or any other rights hereunder.
  24. Claims. You shall not bring any action against AT&T arising out of this Agreement more than one year after the occurrence of the event giving rise to such action.
  25. Injunctive Relief. You agree AT&T shall be entitled to injunctive relief for a material breach of Sections 1, 2, 4, 6, 7, in addition to, and cumulative with any legal rights or remedies AT&T has, including the right to damages.
  26. Third Party Beneficiaries.  Except as specifically provided, 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. 
  27. Survival -Sections 2 – 25 will survive any termination of this License Agreement.
  28. Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE LICENSE AGREEMENT AND UNDERSTAND IT. BY CLICKING ON THE "ACCEPT" BUTTON, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT.  IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "DO NOT ACCEPT" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.

 

 

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