AT&T Connect Terms of Service
You should review these Terms of Service carefully as they are a legal document which will govern your rights and responsibilities. You must agree to these Terms of Service before downloading or using the AT&T Connect Software.
This agreement is between the customer or call participant downloading, installing and/or using AT&T Connect Software, as the case may be, and AT&T, its affiliates and subsidiaries (collectively “AT&T” ) Customer or Participant is referred to in this document as “you.”
- As used in this document, the Software means the software applications, and related files and documents, associated with AT&T Connect web conferencing. This includes the AT&T Connect participant software, or any associated applications, including plug-ins, that are available from AT&T for use with or in connection with AT&T Connect web conferencing.
- Grant of License: Subject to your acceptance to and compliance with these Terms of Service, AT&T hereby grants you a non-exclusive license to install and use the Software, in object code and without modification, for the purpose of use with AT&T Connect web conferencing events. You are also allowed to make a single backup copy of the Software. You do not have any rights to the Software that are not expressly granted in this document or expressly granted in a separate written contract with AT&T. Specifically, you may not copy, distribute, sell or resell the Software under this agreement.
- Termination: AT&T has the right to modify, suspend or terminate the services with which the Software is used or to terminate support of the Software at any time. AT&T may terminate or suspend your license to use the Software at any time. If you are given notice that AT&T has terminated or suspended your license to use the Software, you must stop using the Software, and in the event of termination, you will be required to delete the Software from your computer.
- Ownership and Restrictions: AT&T remains the owner of the Software. You shall not modify the Software or remove, delete or otherwise alter or obscure any trademarks or notices in the Software. You will not use the Software to access any service or equipment other than as a host of or participant in an AT&T Connect web conference.
- Recordings and Privacy. The Software includes recording features which can be enabled by a customer or participant to record or allow the recording of web conferences for storage and future playback. The laws of some jurisdictions require notice and consent of one or more, and in some cases all, participants prior to recording, monitoring, storing or intercepting communications. Customer is responsible for complying with such laws, including providing necessary notices and obtaining required consent, prior to enabling or using the record features. Additionally, the Software includes features that allow for the identification and collection of participant identity. Customer will comply with all applicable privacy laws, including those regarding the capture and utilization of identifying information and those regarding the monitoring or interception of communications.
- Content. AT&T is not responsible for any content that you transmit, store, record or play using the Software.
- Import/Export Control. You agree that the Software and technical information related to the Software may be subject to import and export laws, conventions or regulations, and any use or transfer of the Software or technical information must be in compliance with all such laws, conventions and regulations. You will not use, distribute, transfer, or transmit the Software, or any related technical information (even if incorporated into other products) except in compliance with such laws, conventions and regulations. You, not AT&T, are responsible for complying with such laws, conventions and regulations for all information, equipment and software that you transmit between countries using the Software.
- Third Party Licenses. The Software may incorporate or access software not written or developed by AT&T but instead provided by third parties (Third Party Software). The license terms associated with any Third Party Software requires that AT&T acknowledge those third parties and the license terms. AT&T shall have no liability or responsibility for the operation or performance of the Third Party Software and shall not be liable for any damages, costs, or expenses, direct or indirect, arising out of the performance or failure to perform of the Third Party Software. You agree that your use of the Software is subject to the terms of Third Party Software Notices and/or Additional Terms and Conditions which can be reached through the "About" option in the Software or at http://uc.att.com/license_thirdparty.html. You agree to these terms, including any posted changes to these terms.
- Disclaimer of Warranty. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND AT&T EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AT&T PROVIDES NO WARRANTY THAT THE SOFTWARE WILL MEET ANY USER’S REQUIREMENTS.
AT&T DOES NOT WARRANT OR GUARANTEE THAT THE SOFTWARE OR RELATED SERVICES WILL PERFORM IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE MANNEER.
- Indemnity. You agree to defend, indemnify, and hold harmless AT&T from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Software or related services (including without limitation, any person accessing the Software or related services using your password) or your actual or alleged violation of this Agreement or applicable law, or your actual or alleged infringement or violation any intellectual property or privacy or other right of any person or entity.
- LIMITATION OF LIABILITY. IF YOU ARE PURCHASING AT&T CONNECT UNDER A WRITTEN CONTRACT WITH AT&T, AT&T’S LIABILITY TO YOU WILL BE LIMITED AS SET FORTH IN THAT WRITTEN AGREEMENT. OTHERWISE, AT&T’S LIABILITY WILL BE LIMITED AS FOLLOWS:
UNDER NO CIRCUMSTANCES WILL AT&T BE LIABLE TO YOU FOR, AND YOU WILL NOT BE ENTITLED TO RECEIVE, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO A DEFECT IN THE SOFTWARE WILL BE REPLACEMENT OF THE SOFTWARE. FOR ANY CLAIM OR CAUSE OF ACTION FOR WHICH REPLACEMENT OF THE SOFTWARE WILL NOT CURE THE DEFECT, YOUR REMEDY WILL BE LIMITED TO ACTUAL DAMAGES NOT TO EXCEED A CUMULATIVE AMOUNT OF ONE HUNDRED US DOLLARS ($100).
- Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply.
- Assignment. You may not assign any rights or obligations under these terms of service without the express, written consent of AT&T. AT&T may from time-to-time change or amend this Agreement. If you are provided a formal notice of these changes, you will be asked to agree to the changes in a specified manner and by a specified date. If you refuse to agree to such changes, AT&T may require you to uninstall the Software and cease use of the Software without any further obligation to you. At AT&T’s option, AT&T may post amended terms on its website. Those terms shall then govern all future use of the Software, and your further use of the Software shall constitute your agreement to those amended terms. You agree to monitor the designated site for updates and that the posting of those updates is notice to you of the amended terms.
You may propose amendments and changes to the agreement only by providing them in writing to AT&T. No amendment proposed by you shall become binding or effective unless and until it is set forth in a written document and manually signed by an authorized representative of AT&T.
- Force Majeure. AT&T will not be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond AT&T’s reasonable control.