AT&T ACTIVEARMORSM ADVANCED INTERNET SECURITY SERVICE TERMS OF SERVICE AND END USER LICENSE AGREEMENT

AS OF AUGUST 9, 2022

 

 

PLEASE READ THIS AGREEMENT FOR THE AT&T ACTIVEARMORSM ADVANCED INTERNET SECURITY SERVICE.

 

AT&T licenses the AT&T ActiveArmorSM advanced internet security service and the component services described herein (each a “Service” or “Component Service”, and collectively the “Services”) to You, conditioned upon your acceptance of this Terms of Service and End User License Agreement ("Agreement" or "License").

 

If you add any of the Services to any eligible AT&T Internet or AT&T Fiber account, You are responsible for explaining to any user you allow to access your internet service any limitations or conditions You impose on such user's ability to access the internet, including but not limited to blocking or unblocking access to particular websites or URLs and the possibility that the user’s device(s) may be scanned for security weaknesses or threats. If You are accepting this Agreement as an account holder of an AT&T Internet or AT&T Fiber account for a household of multiple users, You are accepting these Terms on behalf of each user you allow to access the internet via your AT&T Internet or AT&T Fiber service, including without limitation any minors or children who you allow to access your internet services.

 

BY CLICKING "I AGREE" OR "ACCEPT", OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY OF THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO ITS TERMS; (B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACKNOWLEDGE THAT IN NO EVENT WILL THE SERVICES BE USED BY PERSONS UNDER THE AGE OF 13; (D) AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, https://www.att.com/legal/terms.aup.html (E) AGREE TO TERMS OF THE AT&T PRIVACY POLICY, https://about.att.com/sites/privacy_policy?pid=2506 (F) IF YOU ARE A CONSUMER, AGREE TO THE TERMS OF THE MOST CURRENT AT&T CONSUMER SERVICES AGREEMENT, https://www.att.com/legal/terms.consumerServiceAgreement.html ("CSA"), WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS; AND (G) IF YOU ARE A BUSINESS CUSTOMER, AGREE THAT THE TERMS OF THE CSA AND/OR YOUR QUALIFIED BUSINESS INTERNET SERVICES AGREEMENT (AS APPLICABLE, THE "BUSINESS AGREEMENT") FULLY APPLIES TO YOUR USE OF THIS SERVICE. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE CSA OR YOUR BUSINESS AGREEMENT, THE APPLICABLE PROVISION OF THE CSA OR BUSINESS AGREEMENT SHALL CONTROL.

 

You may cancel the AT&T ActiveArmorSM advanced internet security service at any time or disable any of the Component Services at any time.  If at any time after reviewing this Agreement or using the Services You wish to terminate such use or this License, You must cancel as set forth below; and un-install and remove any Application associated with the Services from Your Device(s); and delete any copy in Your possession.

 

1. DEFINITIONS. 

(a) "AT&T," "We," "Our" and "Us" mean the AT&T company providing your Internet Service (which may be any of the following: AT&T Internet Services, Southwestern Bell Telephone, L.P., Pacific Bell Telephone Company, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, Nevada Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc., and Bellsouth Telecommunications, Inc.) and its parents, subsidiaries, affiliates, agents, employees, vendors, suppliers, successors and assigns;

(b) “Application” means AT&T Smart Home Manager or any other application AT&T makes available for use with the Services;

(c) “Enhanced  Network Data” means technical and performance information about the operation of your network, about the devices connected to your network, the internet traffic that enters and leaves your network and the devices connected to it, including, where applicable and without limitation, the addresses of websites visited (URLs), Internet Protocol (IP) packet header information (IPv4 and IPv6) used for addressing and routing data, the data transmitted in the internet packet payload, the IP and MAC addresses used for identifying and locating the devices on your network, the make, model, and operating system and OS version used by your networking devices, your network name, and your internet service provider;

(d) “Internet Gateway” means the network interface device which AT&T has provided for the purpose of connecting Your network or LAN to AT&T’s internet access services;

(e) "Services" are defined above and include the AT&T ActiveArmorSM advanced internet security  service and the component services described herein, along with any website, feature, software, functionality, license code, add-on, extension, content, or services provided in connection with the Service, and any updates to these items;

(f) "You," "Your" and "Licensee" means: (i) if a consumer, an individual who downloads, installs, or uses any of the Services and any person or entity represented by that individual; or (ii) if a business customer, the entities subject to the Business Agreement, the authorized representatives of those entities and all employees, agents and contractors of such entities who may use either or both of the Services.

 

2. THE COMPONENT SERVICES

 

2.1 AT&T ENHANCED NETWORK MANAGEMENT & DEVICE SECURITY SUITE.  Many of the Services utilize the same basic infrastructure as AT&T’s Enhanced Network Management & Device Security Suite (the “Enhanced Security Suite”).  As a result, use of the Services requires simultaneous use of the Enhanced Security Suite.

 

2.1.1 Enhanced Security Suite Functionality.  The Enhanced Security Suite is an Internet Gateway based service that uses a variety of advanced data collection, analysis and correlation technologies to collect, monitor and analyze Enhanced Network Data.  Monitoring the Enhanced Network Data allows the Enhanced Security Suite to detect and identify potential security issues and/or network problems at a network level, in many cases before they impact the security and/or performance of your network and connected devices.

 

2.1.2 Enhanced Security Suite Features.  The Enhanced Security Suite includes the following features.  By activating and using the Enhanced Security Suite, you are also authorizing and agreeing to the functionality associated with each of these features.  If at any time you no longer wish to take advantage of any of the functionality represented by a particular feature, it is your responsibility to disable that feature or to cancel the Service.

 

a)     Weak Password Detection.  The Service scans devices connected to the user’s network to see if the devices have direct login access capability. The Service will attempt to login using common passwords (i.e. password, admin, password123, etc.). If the Service gains access to the device, an alert will be sent indicating there is a weak password for the device and the user should change the password.

b)     Suspicious Behavior by Device.  The Service monitors connected devices (smart thermostats, Wi-Fi cameras, Smart TVs, etc.) activity to determine normal behavior for the applicable device. If activity is recognized as abnormal/suspicious, the Service will attempt to block the activity and the user will be notified of the issue.

c)     Block Inappropriate Content.  The Service attempts to block certain inappropriate content from minor children based on user profiles established by the account holder.

d)     Malicious Site Blocking.  The Service checks the validity of web sites that users may try to access. If the site is known to be a malicious site (phishing, malware, etc.), the site access will be blocked to prevent any negative impacts to the user.  To override the blocking, the user will be given the option to add the web site to a white list.

e)     Network Intrusion Blocking.  The Service monitors for potential intrusion attempts from outside the network.  If an intrusion attempt is identified, the Service will attempt to block such external attacks and generate an alert so users can take measures to harden their network (i.e. stronger passwords, close open ports, etc.)

f)      Denial of Service (DDoS) Monitoring.  The Service monitors devices on the users network for signs they are being used as a launch point for a denial of service attack.  Device which are identified as potentially being compromised (for example, by suddenly generating gigabytes of data traffic) will be flagged, the Service will attempt to block suspicious data and a user notice will be generated.

g)     Network Vulnerability Scan.  The Service scans the users network on a periodic basis to identify weak spots like open ports that can be access point for external hackers and malicious bots. These vulnerabilities will be identified and reported to the users with possible methods to secure their network.

h)     Sensitive Data Protection.  The Service evaluates data leaving the network to identify if potentially sensitive personal data (i.e. SSN#, Credit Card #, username, passwords, etc.) is being transmitted in an unencrypted manner.  The Service will attempt to block unencrypted transmission of identified potentially sensitive information and a user notice will be generated.

 

 

2.2 AT&T ACTIVEARMORSM ADVANCED INTERNET SECURITY.  AT&T ActiveArmorSM advanced internet security offers the following features:

 

 

2.2.1 Threat Activity  Dashboard.  Threat Activity Dashboard offers a visualization of the different types and volumes of online threats the Enhanced Security Suite and AT&T ActiveArmorSM advanced internet security have blocked/or protected You against.

 

2.2.2 Advanced Content Controls. Advanced Content Controls allow You to select categories of websites to block based on profiles the You establish in the Application. You may elect to apply pre-set filters (Kid, Teen, etc.), where a set of filters per category will be applied to a profile; or You may choose to customize content filters.  CONTENT CONTROLS ARE BY THEIR NATURE IMPERFECT AND THE NATURE OF THE INTERNET MAKES IT IMPOSSIBLE TO GUARANTEE THAT A CERTAIN AMOUNT OF UNDESIRABLE CONTENT MAY STILL BE ACCESSIBLE DESPITE THE APPLICATION OF CONTENT CONTROLS. You remain responsible for monitoring any access which you seek to restrict and you agree that you are solely responsible for explaining to any user any limitations or conditions You impose on such user's ability to access the internet, through the application of Advanced Content Controls, including but not limited to blocking or unblocking access to particular websites or URLs.

 

2.2.3 Network VPN.  Network VPN is an Internet Gateway based virtual private network (VPN) solution that offers the ability to establish a secure proxy within a device connected to your network or LAN to encrypt unsecured web and application data traffic as it travels over the open (unencrypted) internet. VPN services are transitory digital network communications services, which help to enhance internet security and privacy. NETWORK VPN DOES NOT GUARANTEE COMPLETE SECURITY FOR YOUR DATA SINCE VULNERABILITIES MAY STILL EXIST AND COULD BE EXPLOITED.

 

Network VPN may offer slower speeds than the speed of your underlying AT&T Internet or AT&T Fiber service, especially if used for international connectivity. Further, Network VPN may not be fully compatible with all internet services, including video streaming apps.  It may be necessary to disconnect the VPN to ensure compatibility.

 

BY USING THE NETWORK VPN, YOU AGREE THAT AT&T IS NOT RESPONSIBLE FOR ANY REDUCTION IN CONNECTIVITY SPEED YOU MAY ENCOUNTER AS A RESULT OF USING VPN OR FOR ANY COMPATBILITY ISSUES YOU MAY EXPERIENCE WHILE CONNECTING VIA NETWORK VPN.  Network VPN is provided on an "as-is" basis with no warranties and makes no representations of any kind, express or implied, with respect to the Network VPN.

 

AT&T does not condone any unlawful use of VPN services, including Network VPN. Network VPN must always be used in a manner consistent with AT&T’s Acceptable Use Policy and may never be used for any criminal, illicit and illegal acts.  By using Network VPN, You accept and agree, on behalf of yourself and on behalf of anyone You allow to access the internet via your network or LAN, not to violate any law of any jurisdiction that you are originating from, any jurisdiction you are connecting to and any other applicable law. It is your responsibility to know, understand and comply with any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of Network VPN.

 

2.2.4 ID Monitoring.  ID Monitoring scans the internet to check for potential compromises of personal information. This feature will monitor the personal information you provide (e-mail, phone number, etc.) and You are responsible for ensuring that the information you provide to the service is accurate and complete.  Inaccurate or incomplete information will result in inaccurate or incomplete monitoring and/or reporting.

 

ID Monitoring searches for sensitive information in public records to create a map of your digital footprint. The service correlates pieces of information linked to your identity (names, gender, DOB, email addresses, phone numbers, physical addresses, usernames, passwords, SSN, jobs, education, urls, photos, etc.) linked to your public identity. Where a potential data breach or possible impersonation is identified, the service offers actions to reduce the risks (such as changing a password).

After the onboarding our system gathers pieces of information linked to your public identity and checks whether it has been exposed in a data breach or on the public Internet. The ID Monitoring service does not store the Information but will identify and display information to alert you of potential exposure of personal information.

ID MONITORING PROVIDES YOU TOOLS AND RESOURCES TO HELP YOU PROTECT YOURSELF FROM AND RECOVER FROM IDENTITY THEFT, NEVERTHELESS NO IDENTITY CAN BE COMPLETELY SECURE AND YOU ASSUME THE RISK.

 

2.3 COMPONENT SERVICE CONDITIONS.  Your use of the Component Services is subject to the following conditions:

 

2.3.1 LIMITATIONS, DISCLAIMER.  No internet security service can guarantee 100% detection of and/or protection against security threats and AT&T, its collaborators, and suppliers are not liable to You for any damage or loss resulting from the failure of the Services to detect and/or protect against a particular security threat. You also acknowledge that in the furtherance of scanning for or protecting against potential security threats, the Service could make changes to devices connected to your network or applications on those devices that could affect the device’s functionality. TO THE FULLEST EXTENT ALLOWED BY LAW, AT&T, ITS COLLABORATORS AND SUPPLIERS HEREBY DISCLAIM ALL LIABILITY FOR DAMAGES THAT MAY BE CAUSED TO YOU OR OTHERS BY ANY SUCH TRANSMISSION, ERASURE OR DISABLEMENT OR BY ANY UNAUTHORIZED DISCLOSURE OR ALTERATION OF ANY SUCH INFORMATION.

 

2.3.2 DATA COLLECTION / CONSENT FOR INFORMATION DISCLOSURE.  In order to perform the functions and to improve the effectiveness the Services for all users, AT&T, its pertinent suppliers and their subsidiaries, agents and subcontractors may collect, maintain, process, use, and disclose Enhanced Network Data.  This may include diagnostic, technical, usage and related information on such things as:

·       the type of devices you allow to connect to your network (Your devices);

·       the operating systems those devices are running;

·       the applications and files present on those devices;

·       the results of any scans performed by the Services; and

·       actions You take as a result of any virus or malware notifications.

 

We also may collect information about how the Services behave on your network, how Your devices and/or the applications installed on Your devices communicate and the network services with which your devices communicate in order to determine if any devices or applications are behaving maliciously (for example, communicating with a server known to host phishing websites). For the ID monitoring feature, the personal information you provide in the app, including your email address, phone number, driver’s license number, medical ID, and passport number will be shared in an encrypted form with AT&T’s third-party vendor and its subcontractor and stored in their secure servers. You hereby consent to the collection, disclosure and use of this data. You further agree to notify any users you permit to access the internet via Your internet service concerning this disclosure of such information, You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement, including in this paragraph, on behalf of Yourself and users of Your internet service.

 

You represent and warrant that you will use the Services (and any of the information therein) to protect against or prevent actual fraud, unauthorized access to your data, claims or other liabilities, and not for any other purpose.  In order to promote awareness, detection and prevention of Internet security risks, AT&T or its vendors may share certain information anonymized with research organizations and other security software vendors.

 

Certain account information and other information we collect about telecommunications services you purchase from us, may be considered customer proprietary network information (CPNI). You have the right to restrict the use and disclosure of your CPNI, and AT&T has a duty to protect the confidentiality of your CPNI. Restricting the use of your CPNI will not affect any other service(s) to which you currently subscribe from AT&T. However, it may prevent you from being able to use some or all of the Services, since CPNI is necessary to perform the functions of the Services. Your CPNI authorization is effective until you revoke it, which you may do by cancelling the Service as set forth in this Agreement. Please note that simply deleting the Smart Home Manager Application will not cancel the Service.

 

 

2.4 CHARGES, BILLING, PAYMENT, RENEWAL, CANCELLATION.  Except as otherwise expressly provided herein, matters related to charges, billing, payment, renewal, cancellation and related issues are addressed pursuant to the Consumer Services Agreement.  https://www.att.com/legal/terms.consumerServiceAgreement.html

 

2.4.1 Automatic Renewals.  Unless otherwise specified by us at the time you place your order, your Subscription Term is auto-recurring and will automatically renew for additional terms of the same length. You authorize AT&T to immediately begin charging the payment method provided and to continue to do so for any renewed Subscription Term until you cancel.

 

2.4.2 Cancellation.   You may cancel or terminate the Services at any time. If you want to cancel the Service, please contact the customer-service department for your AT&T Internet or AT&T Fiber service. The phone number for consumers may be found by visiting att.com/contactus/index.html or, for FirstNet individual users, or in your Business Agreement.  Cancellation will otherwise be subject to the terms of the CSA or your Business Agreement, as applicable.

 

 

2.4.3 Failure to Pay.  If you fail to timely pay any applicable charges or if we are unable to process your payment, AT&T at its option may suspend or terminate your right to use services associated with the subscription, without liability to you. Regardless of such termination or suspension, you will be responsible for paying all past due amounts.

 

2.5 Aggregated Data.  We, our pertinent suppliers, and their subsidiaries and agents may aggregate your data with other customers' data in non-personally identifiable form to better understand current malware and spyware threats and to improve the Services and other products, services and technologies. We may also share this anonymous or aggregated data publicly to help others understand security threats and gain insights into particular networking or mobile applications.

 

2.6 Registration, Account, and Security.  If You do not have an AT&T User ID, you will be required to create or associate an AT&T User ID with billing account rights when you subscribe to AT&T ActiveArmorSM advanced internet security through the Smart Home Manager Application.

 

You are responsible for keeping Your AT&T User ID and associated password secure. AT&T is not liable for any unauthorized use of the Services or for any damage or loss that You may suffer as a result of any unauthorized use of the Services.

 

2.7 Updates and Product Changes.  You acknowledge and agree that, during the term of this Agreement, the Services may adapt to technological advances and be improved, and AT&T may automatically send updated versions of the Applications. Unless otherwise specified by AT&T in writing, this Agreement will also govern any bug fixes, patches, maintenance releases, upgrades and updates to the Services and/or the Application that AT&T or its supplier develops and makes available to you ("Updates"), and such Updates will be considered Services under this Agreement. We may require You to accept Updates to the Services and/or Application. However, you understand and agree that AT&T has no obligation to provide you with Updates and that any Updates may be made available for a fee or under different or additional terms and conditions, as determined by AT&T. Services consisting of installable software (such as our mobile app) may update automatically on your device once a new version or feature is available, and you consent to such automatic Updates. We are constantly changing and improving our Services, so we reserve the right without liability to you to add or remove functionalities or features, to modify Services and to suspend or stop a Service altogether.

 

 

3. LICENSE GRANT AND USE RESTRICTIONS

 

3.1 License Grant.  Subject to the terms and conditions of this Agreement, including without limitation the restrictions set forth in Section 3.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application(s) associated with the Services on the Gateway associated with your internet account, and to access and use the Services, strictly in accordance with the terms and conditions of this License, and all applicable local, national, and international laws and regulations.

 

3.2 Restrictions on Use.  You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any Application associated with the Services, for any purpose; (b) modify, adapt, improve, or create any derivative work from such Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of such Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use such Services and/or Application in a manner that derives revenue directly from such use, or use such Application for any other purpose for which it is not designed or intended; (f) install, use or permit such the Services to exist on more than one Gateway at a time; (g) distribute the Service and/or the Application to multiple Gateways; (h) make such Services and/or Application available over a network or other environment permitting access or use by multiple Gateways or users at the same time; (i) use the Services and/or the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (j) use the Services and/or the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services and/or the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Services and/or the Application or (m) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate such 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 such Services and/or Applications and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this License.

 

 

4. INTELLECTUAL PROPERTY RIGHTS

 

4.1 Rights to Application.  Any Application associated with the Services (including its source and object code), any copies thereof (whether or not present on Your Device), 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 collaborators, licensors, or suppliers. The source and object code of such Applications are the proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. The Applications are licensed, not sold, to You. Title to the Applications shall remain with AT&T. AT&T and its collaborators, 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 Applications (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Applications by implication, estoppel or other legal theory, and all rights in and to the Applications not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.

 

4.2 AT&T Marks.  The following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T: "AT&T ActiveArmorSM advanced internet security " (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. These obligations survive termination of this License.

 

4.3 Open Source Software. The Applications associated with the Services may 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 (the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

 

 

5. THIRD PARTY CONTENT AND SERVICES.  The Applications associated with the Services may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties ("Third Party Content and Services"). Your use of Third Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. AT&T does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application. AT&T shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third Party Content and Services.

 

 

6. USER-SUBMITTED CONTENT

6.1 Responsibility for User-Submitted Content.  The Application may contain features that allow You to submit, post or display content through the Application. You agree not to use or allow others to use the Application, directly or indirectly through Your Device or wireless number in a way that violates AT&T's Acceptable Use Policy. You are solely responsible for any liability arising out of any user-submitted content.

 

6.2 License for User-Submitted Content.  If You provide content through the Application ("User Submission"), You grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You. You also hereby waive any moral rights in Your User Submission. AT&T may remove Your User Submission at any time in its sole discretion. AT&T is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein.

 

7. TERM AND TERMINATION

This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, disable any of the Services or the Applications associated therewith, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Service and uninstall any associated Application. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.

 

8. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ANY APPLICATION ASSOCIATED WITH SUCH SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, 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, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES AND/OR ANY ASSOCIATED APPLICATIONS WILL MEET YOUR REQUIREMENTS, INCLUDING CALLER IDENTIFICATION AND CLASSIFICATION FEATURES, WHICH MAY IMPROPERLY IDENTIFY, BLOCK OR CLASSIFY INCOMING AND OUTGOING CALLS; (II) THE SERVICES AND ANY ASSOCIATED APPLICATIONS WILL BE UNINTERRUPTED, 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 SERVICES AND ANY ASSOCIATED APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICES OR ANY ASSOCIATED APPLICATION WILL BE CORRECTED OR THAT THE SERVICES OR ASSOCIATED APPLICATIONS WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE SERVICES AND ASSOCIATED APPLICATIONS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SERVICES AND/OR ASSOCIATED APPLICATIONS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES OR ASSOCIATED APPLICATIONS 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 COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR 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 SERVICES AND/OR ASSOCIATED APPLICATIONS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE. IF YOU HAVE OBTAINED THE APPLICATION(S) FROM ONE OF OUR APP STORE COLLABORATORS, YOU ACKNOWLEDGE AND AGREE THAT SUCH COLLABORATOR HAS NO RESPONSIBILITY TO PROVIDE YOU WITH ANY WARRANTY, MAINTENANCE OR SUPPORT SERVICES WITH RESPECT TO THE APPLICATION OR FOR OTHERWISE ADDRESSING ANY ISSUE OR CLAIM WITH THE APPLICATION.

 

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE CSA OR THE BUSINESS AGREEMENT MAY PROVIDE LIMITED REMEDIES TO YOU.

 

9. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND/OR ASSOCIATED APPLICATIONS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S, ITS COLLABORATORS', SUPPLIERS' AND LICENSORS', AND THEIR AFFILIATES', OFFICERS', DIRECTORS', AGENTS' AND EMPLOYEES' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE SERVICES DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.

 

SOME STATES DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

 

10. INDEMNIFICATION

You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers, and licensors, and their affiliates, 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, in connection with or related to the following: (i) Your access to or use of the Services and/or associated Applications 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. 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 Services or the Application. These obligations survive termination of this License.

 

11. MISCELLANEOUS

In addition to any survival conditions in the CSA, the following provisions survive termination of this License:

 

11.1 Governing Law, Limitation on Actions.  This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to this License, the Services, the Application or Your use of the Services and/or the Application must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the CSA or Business Agreement. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of the CSA or Business Agreement.

 

11.2 Contact Information.  You may reach AT&T Customer Service by dialing 611 from Your Device if You are an AT&T Wireless service subscriber or by calling 1-800-331-0500 or visiting https://www.att.com/myatt.  If you are a business customer, you can also visit https://www.wireless.att.com/business/.

 

11.3 Severability.  If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

 

11.4 Waiver.  Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

 

11.5 Export Control; Lawful Use.  You may not export or re-export the any Application associated with the Services except as authorized by United States law and the laws of the jurisdiction(s) in which such Application was obtained. You represent and warrant that You are not located and will not use such Application in any country that is (a) 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 may not use such Application in any manner or for any purpose prohibited (a) by United States law, regardless of where You use such Application, or (b) by local law, in the jurisdiction(s) in which You use such Application.

 

11.6 Performance or Benchmark Testing

You may not disclose the results of any benchmark test using any Application associated with the Services to any third party without AT&T's prior written approval.

 

11.7 Modification or Amendment.  To the extent not prohibited by law, AT&T may modify or amend the terms of this License at any time, with or without direct notice to You, by posting a copy of the modified or amended License available through an Application associated with the Service or Services that You are using or at https://www.att.com/legal/legal-policy-center.html. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Services and/or the Application following the date in which the modified or amended License is made available through the Application or the referenced website.

 

11.8 Survival.  Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.

 

11.9 Third Party Beneficiaries.  You acknowledge and agree that AT&T's collaborators, suppliers and licensors (which, for avoidance of doubt, include without limitation Lookout, Inc.), and their affiliates, officers, directors, agents and employees, are third-party beneficiaries of this License and have the right to enforce its provisions, including without limitation Sections 7, 8 and 9, against you as a third-party beneficiary thereof. Except as explicitly provided in this License or in incorporated agreements, 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.

 

11.10 No Transfer by You.  Any attempted transfer by You in contravention of this License shall be null and void. These obligations survive termination of this License. AT&T may assign this License without restriction.

 

11.11 DMCA Copyright Notifications.  You may send AT&T a valid notification of claimed copyright infringement under the Digital Millennium Copyright Act ("DMCA"). AT&T’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

 

Registered Copyright Agent
4825 Creekstone Drive, Suite 300
Durham, NC 27703
E-mail: copyright@att.com

 

For further information, see https://www.att.com/legal/terms.dmca.html.

 

11.12 Entire Agreement.  This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Services and/or the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.