Software upgrades, changes, or supplements) which is not accompanied by an End User License Agreement,
AT&T, or its applicable third party licensors, grants you a limited, personal, nontransferable, and nonexclusive
right and license to use the object code of its Software on the Equipment; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or
otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign,
sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer any right in the Software. You
acknowledge that this license is not a sale of intellectual property and that AT&T or its third-party licensors,
providers, or suppliers continue to own all right, title, and interest to the Software and related documentation.
The Software is protected by the copyright laws of the United States and international copyright treaties.
Export Limits.
You shall comply with all export laws and restrictions and regulations of the Department of
Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United
States or foreign agency or authority, and shall not export, or allow the export or re-export of the Software in
violation of any such restrictions, laws or regulations. By downloading or using the Software, you agree to the
foregoing and represent and warrant that you are not located in, under the control of, or a national or resident
of any restricted country or on any such list.
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 48 CFR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 and in similar clauses in the
NASA FAR Supplement.
Non-AT&T Software, Services or Applications.
Your use of the Services may also include access to and use of
software, services and/or applications which interact with the Services and which are provided by non-AT&T
third parties, and, when applicable, those third-parties terms and conditions apply to your access to and use
of such non-AT&T software, services and/or applications. AT&T is not liable to you for any loss or injury arising
out of or caused, in whole or in part, by your use of any such software, services, and/or applications accessed
through, or in conjunction with, the Service.
NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. AT&T, or its applicable third-party licensors may provide
Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or
updating security components). You understand and agree that AT&T, or the applicable third-party licensor,
have the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the
Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your
Equipment and erase saved preferences and stored content.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. AT&T EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT.
2. AT&T MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH
OTHER SERVICES FROM AT&T OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH
OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNLESS PROHIBITED BY LAW, AT&T SHALL NOT BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE
OR PROFITS, BUSINESS OR GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AT&T HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) USE OF THE SERVICES (WHICH
INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NONPER-
FORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF
THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN
AT&T INSTALLER, TECHNICIAN, OR OTHER REPRESENTATIVE, (d) ANY INABILITY TO REACH 911 EMERGENCY
SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE
13
Terms of Service
