Version
1.0
PLEASE READ THIS
AGREEMENT CAREFULLY. By accessing and using the Software supplied with
this Agreement, you accept this Agreement in its entirety and agree to
only use the Software in accordance with the following
terms and conditions. If you do not wish to be bound by these terms
and conditions, do not access or use the Software.
- Subject to the terms and conditions of this
Agreement, AT&T grants you a royalty-free, non-exclusive,
non-transferable right to use the Software as follows: You may (i)
install and execute the Software on a computer and (ii) reproduce and
distribute the installation program for the Software which you
downloaded from the AT&T website.
- Except as expressly set forth above, no other
rights or licenses under any of AT&Ts intellectual property are
granted or, by implication, estoppel or otherwise, conferred. The
Software is the sole and exclusive property of AT&T, and no
ownership interest in the Software is transferred to you. You may not
assign, transfer or sublicense your rights under this Agreement. You
shall not de-compile, reverse engineer or disassemble any computer
programs included with the Software.
- AT&T has no obligation to support or maintain
the Software and grants you this right to use the Software "AS
IS". YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY
KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE
WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL AT&T BE
LIABLE FOR (i) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AT&T OR
ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE, OR (i
BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, AT&TS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
- You acknowledge that the Software
may be subject to U.S. export laws and regulations and any use or
transfer of such Software must be authorized under those regulations.
- This Agreement and the rights granted
to you shall terminate automatically if you fail to comply with any of
the terms and conditions of this Agreement. Upon termination, you shall
destroy all copies of the Software .
- This Agreement shall be governed by and construed
in accordance with the laws of the State of New York, USA, applicable
to agreements made and to be performed wholly therein without regard to
its conflicts of law rules. You agree that any legal action or
proceeding between AT&T and you for any purpose concerning this
Agreement or the obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in New
York. Any cause of action or claim you may have with respect to the
Software must be brought within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. AT&Ts
failure to insist upon or enforce strict performance of any provision
of this Agreement is not a waiver of any provision or
right.