IMPORTANT LEGAL LICENSE AND WI-FI SERVICE TERMS AND CONDITIONS:
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. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE.
IN ORDER TO INSTALL THE SOFTWARE AND USE AT&T WI-FI SERVICE ("WI-FI SERVICE") YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENT AND WI-FI SERVICE AGREEMENT. THIS SOFTWARE LICENSE AND WI-FI SERVICE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. YOUR INSTALLATION OR USE OF THIS SOFTWARE AND/OR WI-FI SERVICE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. THE WI-FI TERMS AND CONDITIONS APPLY ONLY IF YOU ACCESS OR USE WI-FI SERVICE, AND THEY ARE IN ADDITION TO, AND NOT IN LIEU OF, THE SERVICE AGREEMENT OR GENERAL TERMS AND CONDITIONS YOU AGREED TO WHEN YOU ACTIVATED WIRELESS SERVICE.
This License and Wi-Fi Service 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, and for Wi-Fi Service as described at att.com/businesscenter/solutions/wireless-laptop, as such description may be changed by AT&T from time to time.
PART I. License Agreement:
1. 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 (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).
THIS LICENSE AGREEMENT EXPLAINS HOW YOU MAY USE THIS SOFTWARE. BY CLICKING THE "YES" BUTTON, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE THE SOFTWARE.
2. Single User License Grant. AT&T hereby grants you a limited, non-exclusive, non-transferable 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. Any use of the Software under this License Agreement shall be limited to one copy per device.
3. 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. This license will terminate upon termination of your membership or right to use the Service. At that time, you must stop using the Software and either return the Software to AT&T or destroy it.
AT&T is not responsible in any way for any software, services, or devices used in connection with the Software, the Service or the Internet, unless such programs, software, services, or devices are recommended or provided to you by AT&T under a separate written agreement.
You acknowledge the Software is proprietary and confidential to AT&T or its suppliers. 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 or other third party owners. You shall not transfer, lend, lease, sublicense or otherwise distribute, copy, make derivative works of, reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software. The Software is licensed, not sold.
The initial user of the Software may make a one-time transfer of the Software to another end user. The transfer must include all component parts, media, printed materials, this License Agreement, and (if applicable) the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software must agree to all the License Agreement terms.
4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AT&T AND ITS 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. AT&T AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AT&T OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, OR USE OF INFORMATION, EVEN IF AT&T OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AT&T'S ENTIRE LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE OR US $100.00.
5. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement.
6. 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.
7. Reservation of Rights. AT&T reserves all rights not expressly granted to you in this License Agreement.
8. Data Charges. AT&T Communication Manager contains a feature that tracks estimated byte usage. Actual billing will be higher.
9. 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 a AT&T service account within 30 days after the expiration of your then-current AT&T service account. This software license will expire if you do not use the Communication Manager software to connect to a AT&T network for 90 consecutive days.
10. 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.
11. 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. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. This License Agreement may only be modified, or any rights under it waived by a written document executed by both parties.
12. 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.
13. 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.
14. Sections 2–14 will survive any termination of this License Agreement.
PART II. Wi-Fi Service Agreement:
1. In order for you to obtain or continue using the AT&T Wi-Fi Service as described at /att.com/laptopconnect, as such description may be changed by AT&T from time to time, you must agree to and accept the terms and conditions related to the Wi-Fi Service as set forth in this PART 2 (the "Wi-Fi Terms and Conditions"). By clicking on the "YES" button below and using the Wi-Fi Service, you agree to the Wi-Fi Terms and Conditions. The Wi-Fi Terms and Conditions are in addition to, and not in lieu of, the Service Agreement or General Terms and Conditions to which you agreed when you activated wireless service (the "General Terms and Conditions"). By clicking on the "YES" button below and using the Wi-Fi Service, you agree that the definition of Service(s) set forth in the General Terms and Conditions shall include the Wi-Fi Service.
2. Wi-Fi Device/ Wi-Fi Service Availability/Interruption. An 802.11b-compatible computer, card and/or device (collectively, the "Wi-Fi Device") is required to enable the Wi-Fi Service to operate. You are responsible for ensuring that your Wi-Fi Device is compatible with the Wi-Fi Service and meets federal standards. The availability and performance of the Wi-Fi Service is subject to all memory, storage and other limitations in the Wi-Fi Device. Wi-Fi Service is available to your Wi-Fi Device only when it is within the operating range of the AT&T Wi-Fi network or that of an operator with which AT&T has a roaming agreement. Wi-Fi Service access location lists and/or maps may be updated from time to time; actual Wi-Fi Service coverage, locations and quality may vary. Wi-Fi Service is subject to unavailability, including unavailability due to emergencies, collocation failures, transmission and equipment limitations, or maintenance and repair, and may be interrupted, refused, limited, or curtailed. AT&T is not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Wi-Fi Service or wireless communications networks more generally. AT&T may impose usage or Wi-Fi Service limits, suspend access to the Wi-Fi Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is no indication of the speed at which your Wi-Fi Device or the Wi-Fi Service sends or receives data. Actual network speed will vary based on Wi-Fi Device configuration, compression and network congestion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
3. Use of Wi-Fi Service. Unless otherwise set forth by AT&T in writing, you are receiving a single user account solely for your use of the Wi-Fi Service through one Wi-Fi Device per login. You agree not to access the Wi-Fi Service simultaneously through multiple Wi-Fi Devices or to authorize any other entity or individual to use the Wi-Fi Service. Reproduction, retransmission, dissemination or resale of Wi-Fi Service is prohibited without prior written contractual arrangements with AT&T and any required regulatory approvals. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your Wi-Fi Device required to use the Wi-Fi Service. Your use of the Wi-Fi Service must comply with AT&T's Acceptable Use Policy, found at att.com/acceptable_use_policy, which you should read carefully. The Acceptable Use Policy is incorporated by reference as part of this Agreement. Our Acceptable Use Policy may be amended from time to time. In addition, you agree to comply with the applicable Acceptable Use Policy when using the Service while roaming on the network of a company with whom AT&T has a roaming arrangement.
4. Term; Termination. Your access to the Wi-Fi Service begins after you click on the "YES" button below and begin using the Wi-Fi Service; your access terminates at the termination or expiration of your selected service plan, unless earlier terminated in accordance with this Agreement. If you do not use the Communication Manager software to connect to a AT&T network for 90 consecutive days, or if your license to use the software is otherwise terminated pursuant to this Agreement, you will not be able to access the Wi-Fi Service. Any violation of this Agreement by you may result in the suspension, limitation, or earlier termination of your right to use and access the Wi-Fi Service or such other action as AT&T deems appropriate. You agree that AT&T will have no liability to you for any restriction or termination of your access to the Wi-Fi Service pursuant to such violation or the expiration or termination of your Communication Manager software license.
5. Content Disclaimer. AT&T does do not control, nor is AT&T in any way liable for, data or content that you access or receive via the Wi-Fi Service. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. AT&T has no control over and accept no responsibility for such materials. AT&T is not a publisher of third-party content that can be accessed through the Wi-Fi Service, and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Wi-Fi Service. You are responsible for evaluating such content. You are responsible for paying all fees and charges from third-party vendors whose sites, products or services you access, buy or use via the Wi-Fi Service. AT&T does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Wi-Fi Service, and delays or omissions may occur. If you choose to use the Wi-Fi Service to access web sites or Content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and AT&T has no responsibility for their policies, or third parties' compliance with them.
6. Release of Information. You consent to AT&T's release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena); or to protect users of the Wi-Fi Service and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, the Wi-Fi Service; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
7. Charges. You are responsible for paying all charges, including but not limited to: (i) a monthly fee for the right to use the Wi-Fi Service an unlimited number of times (except as noted below) during a 30-day period, and (ii) the price of any Wi-Fi Devices and accessories required to use the Wi-Fi Service. To ensure that the Wi-Fi Service is not being used fraudulently, your usage of the Wi-Fi Service is limited to 150 uses per month. You also must pay applicable Wi-Fi access fees directly to a third party Wi-Fi service provider for non-AT&T Wi-Fi hotspot usage.
8. Limitation of Liability. In addition to the limitations set forth in the General Terms and Conditions applicable to all AT&T services, which are hereby incorporated by reference, AT&T is not responsible for any computer virus or related problems that may be attributable to activities conducted while using the Wi-Fi Service.
9. Copyright Complaints. AT&T respects the intellectual property rights of others. If you believe that your rights under the copyright law have been infringed through use of the Wi-Fi Service, please provide AT&T's copyright agent with the following written information so that AT&T can respond in accordance with the procedure specified in the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, (2) identification of the material that is claimed to have been infringed, (3) identification of information to permit AT&T to locate the material that is claimed to be infringing, (4) your contact information, including address, telephone number, and e-mail address, (5) your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law, and (6) your statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AT&T© copyright agent for notice of claims of copyright infringement:
AT&T, P.O. Box 97061—RTC3, 16221 NE 72nd Way, Redmond, WA 98052 Attn: Copyright Infringement Agent/Ruby Tarr Phone: 425-580-6214 Fax: 425-580-1767 copyright@cingular.com
10. Privacy. Please refer to the AT&T Privacy Policy at www.wireless.att.com/privacy/privacy_policy for information about our collection, use, disclosure and protection of information relating to your use of the Wi-Fi Service.
11. Security. Wireless systems use radio channels to transmit data communications over a complex network. Security cannot be guaranteed, and AT&T shall not be liable to you for any lack of security you experience while using the Wi-Fi Service. AT&T has the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide usage records and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights or property). You acknowledge that the Wi-Fi Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. The AT&T Wi-Fi Service is not part of the AT&T TDMA, CDPD, GSM, or GPRS/EDGE/UMTS networks and, therefore, does not have the encryption, authentication or other security features that may be available on those networks. AT&T strongly encourages and supports certain customer-provided security solutions, such as virtual private networks (VPNs), but does not provide these to its Wi-Fi users and is not responsible for their effectiveness.
12. Consent to Monitoring and Disclosure. AT&T has no obligation to monitor the Content that is available or transmitted to or by you through the Wi-Fi Service. However, we may monitor these materials periodically to (1) comply with any applicable laws, regulations or other governmental orders; and (2) operate the Wi-Fi Service properly or to protect itself and its users. AT&T has the right, but not the obligation, to suspend or terminate your access and use of the Wi-Fi Service, and block or remove (in whole or in part) any communications and materials transmitted through our Wi-Fi Service that we believe in our sole discretion may violate applicable law, this Agreement or a third party's rights, or is otherwise inappropriate or unacceptable.
13. We reserve the right to modify this Agreement from time-to-time on notice to you. Continued use of the Wi-Fi Service subsequent to notice of such modification means you will be bound by the terms and conditions of the then-current Wi-Fi Terms and Conditions. YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE LICENSE AND WI-FI SERVICE AGREEMENT AND UNDERSTAND IT. BY CLICKING ON THE "YES" BUTTON, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT AND WI-FI SERVICE. IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "NO" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE OR OTHERWISE ATTEMPT TO ACCESS THE WI-FI SERVICE.
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