AT&T Smart Home Manager
Terms of Service and End User License
Agreement
AT&T licenses
the Smart Home Manager application (the “Application” or “App”) to You,
conditioned upon your acceptance of this End User License Agreement
(“Agreement” or “License”) for use with your AT&T Internet and/or AT&T
Fiber home Internet Service.
BY CLICKING “I
AGREE” OR “ACCEPT”, OR BY DOWNLOADING, INSTALLING OR USING THIS APP, YOU: (A)
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS
TERMS; (B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACKNOWLEDGE
THAT IN NO EVENT IS THIS APP TO BE USED BY PERSONS UNDER THE AGE OF 13; (D)
AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, http://www.att.com/legal/terms.aup.html, (E)
AGREE TO TERMS OF THE AT&T PRIVACY POLICY, http://www.att.com/gen/privacy-policy?pid=2506, AND
(E) AGREE TO THE TERMS OF THE MOST CURRENT AT&T WIRELESS CUSTOMER
AGREEMENT, http://www.att.com/legal/terms.wirelessCustomerAgreement-list.html (“WCA”), WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, FULLY
APPLIES TO YOUR USE OF THIS APP. IN THE
EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE WCA, THE APPLICABLE PROVISION
OF THE WCA SHALL CONTROL.
If
at any time after reviewing or using the App You wish to terminate such use or this
License, You must un-install and remove the App from Your Device, and delete
any copy in Your possession. This License will automatically terminate if You
are not, or are no longer, an AT&T subscriber subject to the terms of the WCA.
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, successors and assigns; (b) “App” means the Smart Home Manager App, any
website, software, content or services provided in connection with the App, and
any updates to these items; (c) “You,” “Your” and “Licensee” mean an individual
who downloads or uses the App and any person or entity represented by that
individual.
2.
THE APP:
The App allows You to manage your AT&T
Internet and/or AT&T Fiber enabled in home Wi-Fi network, including viewing
what devices are connected to your network and changing your Wi-Fi network name
and password. Voice, data and messaging
rates may apply when You use this App.
3.
LICENSE GRANT AND USE RESTRICTIONS.
3.1
License Grant.
Subject to 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 App on a single device owned and controlled by You (“Device”), and to
access and use the App on such Device, 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 the App,
for any purpose; (b) modify, adapt, improve, or create any derivative work from
the App; (c) violate any applicable laws, rules or regulations in connection
with Your access or use of the App; (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 the App in a manner that
derives revenue directly from such use, or use the App for any other purpose
for which it is not designed or intended; (f) install, use or permit the App to
exist on more than one Device at a time or on any other mobile device or
computer; (g) distribute the App to multiple Devices; (h) make the App
available over a network or other environment permitting access or use by
multiple Devices or users at the same time; (i) use the App 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 App 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 Apps,
accessories or devices for use with the App; (l) circumvent, disable or tamper
with any security-related components or other protective measures applicable to
the App or the Device 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 the App. 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 the Application 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 App. The App (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 the App are the
proprietary and confidential information of AT&T and its collaborators,
licensors and suppliers. The App is
licensed, not sold, to You. Title to the
App 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 App (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 App by
implication, estoppel or other legal theory, and all rights in and to the App
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,” “AT&T Internet,” “AT&T
Fiber” and “Smart Home Manager” (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.
5.
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 the App, 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 App and uninstall
the App. 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.
6.
DISCLAIMER OF WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING ALL CONTENT CONTAINED THEREIN
OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND
THAT YOUR USE OF OR RELIANCE UPON THE APP 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 APP, 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 APP WILL MEET YOUR
REQUIREMENTS; (II) THE APP 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 APP WILL BE AS REPRESENTED OR MEET YOUR
EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP
WILL BE MAINTAINED. you acknowledge that the App IS 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 App 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 App 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 App
prove defective, you assume the entire burden of all necessary expenses,
servicing, repair, or correction. THIS
SECTION 6 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING
AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE WCA MAY
PROVIDE LIMITED REMEDIES TO YOU.
7.
LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T,
ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR 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 APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT
SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, AT&T’S 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 APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T
FOR THE APP 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 7 SHALL SURVIVE TERMINATION OF
THIS LICENSE.
8.
INDEMNIFICATION.
You shall indemnify, defend and hold harmless AT&T and its
collaborators, suppliers and licensors, and their 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 App 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 App.
These obligations survive termination of this License.
9.
MISCELLANEOUS. The following provisions survive termination
of this License:
9.1
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
Application or Your use of the App must commence within one (1) year after the applicable
cause of action accrues in accordance with the dispute resolution provision of
the WCA. Otherwise, such cause of action
is permanently barred. This Section 9.1
is not intended to and does not alter any provisions of the WCA.
9.2
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 1-800-331-0500 or visit http://www.att.com/myatt .
9.3
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.
9.4
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.
9.5
Export Control; Lawful Use. You may not export or re-export
the App except as authorized by United States law and the laws of the
jurisdiction(s) in which the App was obtained.
You represent and warrant that You are not located and will not use the App
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 the App in any manner or for any purpose prohibited (a) by United States
law, regardless of where You use the App, or (b) by local law, in the
jurisdiction(s) in which You use the App.
9.6
Performance or Benchmark Testing. You may not disclose the results
of any benchmark test using the App to any third party without AT&T’s prior
written approval.
9.7
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 the App or at att.com. You will be deemed to have agreed to any such
modification or amendment by Your decision to continue using the App following
the date in which the modified or amended License is made available through the
App or the referenced website.
9.8
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.
9.9
Third Party Beneficiaries.
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.
9.10
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.
9.11
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:
Manager of Security & Copyright
Infringement,
1800 Perimeter Park Drive, Suite
100
Morrisville, NC 27560
E-mail: copyright@att.com
For
further information, see https://www.att.com/legal/terms.dmca.html
9.12
Entire Agreement. This License including the
documents incorporated herein by reference constitute the entire agreement with
respect to the use of the App licensed hereunder and supersedes all prior or
contemporaneous understandings regarding such subject matter. Internet Services provided by AT&T, and any
use of the App in connection therewith, are subject to the AT&T Internet
Terms of Service, available at https://www.att.com/legal/terms.internetAttTermsOfService.html.