AT&T amiGO™ Terms of Service and End User License Agreement

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AT&T Mobility LLC (“AT&T”) licenses the AT&T amiGO™ application (collectively the “Application” or “App”) to You as the primary account owner (“Account Owner”) conditioned upon your acceptance of this End User License Agreement (“Agreement” or “License”).

Please review this Terms of Service and End User License Agreement carefully. It contains important information about the App and the services, limitations of certain legal rights and remedies, and the ways in which AT&T collects and uses personal information in connection with the services.

BY CLICKING “I AGREE” OR “ACCEPT”, OR BY DOWNLOADING, INSTALLING OR USING THIS APP, YOU:

  1. (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS;
  2. (B) AS ACCOUNT OWNER, ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER IF USING THE AT&T amiGO™ APP;
  3. (C) AGREE THAT THE INFORMATION YOU PROVIDE TO US ABOUT YOURSELF OR ANY DEVICE USERS IS TRUE AND ACCURATE AND THAT YOU, AS THE ACCOUNT OWNER, ARE DULY AUTHORIZED TO PROVIDE THIS INFORMATION AND TO MONITOR THE DEVICE USERS’ ACCOUNTS. YOU FURTHER AGREE TO THE TERMS IN THIS AGREEMENT ON THEIR BEHALF AND TO NOTIFY ANY DEVICE USER(S) OF THIS AGREEMENT AND ANY DISCLOSURES;
  4. (D) ACKNOWLEDGE AND AGREE TO THE APP’S COLLECTION OF ANY DEVICE USER(S)’ DEVICE LOCATION AS DESCRIBED HEREIN;
  5. (E) ACKNOWLEDGE AND AGREE THAT INFORMATION CONCERNING THE LOCATION OF THE DEVICES OF THE USERS ON YOUR ACCOUNT MAY BE DISCLOSED TO OUR CONTRACTED SERVICE PARTNERS AND AFFILIATES, AS DISCUSSED IN MORE DETAIL BELOW, IN ORDER TO PROVIDE YOU THE SERVICES (AS DEFINED BELOW).
  6. (F) AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, https://www.att.com/legal/terms.aup.html;
  7. (G) AGREE TO TERMS OF THE AT&T PRIVACY POLICY, https://about.att.com/csr/home/privacy.html; AND
  8. (H) AGREE TO THE TERMS OF THE MOST CURRENT AT&T CONSUMER SERVICE AGREEMENT, https://www.att.com/legal/terms.consumerServiceAgreement.html (“CSA”), 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 CSA, THE APPLICABLE PROVISION OF THE CSA 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 any Device, and delete any copy of the App 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 CSA.

1. DEFINITIONS:

  1. (a) “AT&T,” “We,” “Our” and “Us” mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns;
  2. (b) “AT&T amiGO™ App” or “App” means the AT&T amiGO™ app, any website, software, content or services provided in connection with the App, and any updates to these items;
  3. (c) “You,” “Your” and “Licensee” means the primary Account Owner who downloads and/or uses the App and manages the App’s use. If You are enrolling a parent or senior, minor or Child, spouse or domestic partner (a “Device User”), You agree that the information You provide to Us about Yourself or the Device User is true and accurate and that You are duly authorized to provide Us this information and to monitor their accounts on their behalf. You further agree to these Terms on behalf of the Device User(s). Account Owners must be 18 years of age or older.
  4. (d) “Device” or “AT&T amiGO™ Device” generally means a mobile or other smart device that performs many of the functions of a computer, typically having a touchscreen interface, internet access, and an operating system capable of running a downloaded application, and on which the App is downloaded and used to monitor and manage certain data and information concerning usage of the Device, as described in more detail below.
  5. (e) “Device User” means an individual set up in the App, other than the Account Owner, who utilizes an AT&T amiGO™ Device. Device Users may include children under 18 years of age.

2. THE APP:

AT&T amiGO™ App allows You to track an AT&T amiGO™ Device User’s location, securely make voice calls / send messages to AT&T amiGO™ Devices, set and manage designated safe zones, control screen time and manage Device usage (for instance, browser control, app downloads, etc.). The App requires Android version 11.0 or higher or iOS version 15.0 and above. The AT&T amiGO™ Device and the AT&T amiGO™ App Account Owner’s device must be on the same AT&T wireless account. This App may result in increased battery usage by your device. Voice, data and messaging rates may apply when You use this App.

2.1 AT&T amiGO™ App.

The AT&T amiGO™ App generally requires pairing with an AT&T amiGO™ Device. The AT&T amiGO™ App must be downloaded onto a device and paired with the Device of an AT&T amiGO™ Device User whose Device location and usage will be monitored. This AT&T amiGO™ Device User will be enrolled in the services provided by the App. By activating AT&T amiGO™, You acknowledge and agree that information concerning the location of the AT&T amiGO™ Devices on your AT&T wireless account may be disclosed to AT&T’s contracted service providers as part of the service provided by the App, and You further agree to notify any Device Users concerning this disclosure of personal information, including location information. You also represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and any Device User on your AT&T wireless account.

2.2 Location Tracking.

This feature allows You to track an AT&T amiGO™ Device User’s location on an interactive map using network location (which requires AT&T wireless service) and device-based GPS service. AT&T amiGO™ App users may also have access to the amiGO™ Device network location, safe zone alerts, and location history.

2.3 Safe zones and Safe zone Alerts.

This feature allows You to save a specific location on the map and designate it as a safe zone. This safe zone location can be used for triggering an alert when the AT&T amiGO™ Device enters or leaves the safe zone.

2.5 Location History.

This feature allows You to see an AT&T amiGO™ Device User’s location history at designated intervals in your AT&T amiGO™ App.

2.6 SOS Capability

This feature allows You to designate a contact who will be notified if an AT&T amiGO™ Device User makes an emergency call. You can also enable calls directly to 911 from the AT&T amiGO™ Device.

2.7 Parental Controls.

This feature allows You to set parental control parameters for an AT&T amiGO™ Device User, including but not limited to controls around internet and mobile application access, contact management approval, messaging visbility, screen time limits, and School Mode, which limits distractions during school hours.

2.8 Contact Management

This feature allows You to designate up to 30 approved contacts who the AT&T amiGO™ Device User may communicate with.

2.9 Voice & Video Calling

This feature allows You to make a secure voice or video call to an AT&T amiGO™ Device through the AT&T amiGO™ App.

2.10 Time Limits.

This feature allows You to manage internet and mobile application access and set screen time limits for an AT&T amiGO™ Device.

2.11 Content Filters/Block.

This feature allows You to set age-appropriate filters on access to internet and application content based on the AT&T amiGO™ Device User’s age.

2.12 CONSENT TO DISCLOSE PRECISE LOCATION INFORMATION:

This App accesses and uses the AT&T amiGO™ Device location information in order to track the Device location and display that location in Your AT&T amiGO™ App. By using this Application, You agree that AT&T may collect and use the AT&T amiGO™ Device User’s location information and may collect, use and disclose precise geo-location to at least AT&T and its trusted service providers to provide AT&T amiGO™ services. This may also include functions that are incidental and necessary to the service and for improvements to the App, such as improving location accuracy when using AT&T amiGO™ services. AT&T may use Your amiGO™ Device User’s location information to report usage or to maintain and improve the App. If you wish to stop allowing Your location information to be tracked and shared by the App, You must uninstall it from Your Device(s).

2.13 CONSENT TO DISCLOSE PERSONAL INFORMATION:

This App may disclose or allow disclosure to third parties of Your personal information, including, without limitation, a Device phone number, Your name, address, telephone number, equipment identifiers, and Internet Protocol addresses. By using this Application, You consent to any applicable disclosures and uses of Your personal information for AT&T to provide the services and any reasonable incident aspects, such as the improvement of the App or services. AT&T may use Your personal information to report usage or to maintain and improve the Application. For more information on the ways in which AT&T collects, uses, discloses, stores and protects your personal information please review our privacy policy here: https://about.att.com/csr/home/privacy.html.

2.14 PUSH NOTIFICATIONS

When You are logged into the App, You may receive a message asking if You would like to allow push notifications on Your device. Push notifications are a way for the App to deliver information, including alerts, sounds and icon badges to Your device. Push notifications can be delivered even when You are not logged in or using the App. The App does not charge a fee for sending push notifications. You may adjust push notifications at any time through the notification settings on Your device.

2.15 CANCELLATION

AT&T Postpaid wireless customers may cancel the App anytime in the AT&T amiGO™ App or by contacting AT&T at 1-800-331-0500.

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 Application on Your device and a single Device owned and controlled by You and/or a Device User, 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 and/or any Device User(s) 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 downloaded on a 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, neither You nor any Device User(s) are 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” or “AT&T amiGO™” (the “AT&T Marks”). You and any Device User(s) 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.

4.3 Open Source Software.

The App may include third party software that is subject to open source license terms (“Open Source Software”). You and any Device User(s) acknowledge and agree that Your right to use such Open Source Software as part of the App is subject to and governed by the terms and conditions of any applicable open source license (the “Open Source License Terms”). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

5. Third Party Content

The App may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties (“Third Party Content and Services”). Your and any Device User(s)’ use of Third Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR AND ANY DEVICE USER(S)’ SOLE RISK AND DISCRETION. AT&T does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the App. AT&T shall have no liability arising out of or in connection with Your or a Device User(s)’ access to and use (or misuse) of the Third Party Content and Services.

6. User-Submitted Content.

6.1

The App may contain features that allow You to submit, post or display content through the App. You agree not to use or allow others to use the App, directly or indirectly through Your Device or wireless number in a way that violates AT&T's Acceptable Use Policy. You are solely responsible for any liability arising out of any user-submitted content.

6.2

If You or any Device User(s) provide content through the App (“User Submission”), You grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You or the Device User(s). You also hereby waive any moral rights in Your or a Device User’s User Submission. AT&T may remove the User Submission at any time in its sole discretion. AT&T is not under any obligation of confidentiality, express or implied, with respect to the User Submission. You represent and warrant that You or the Device User(s) own or otherwise control all necessary rights, consents and permissions to the User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein.

7. 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.

8. 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/SERVICE 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/SERVICES, 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

  1. (I) THE APP WILL MEET YOUR REQUIREMENTS;
  2. (II) THE APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE;
  3. (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
  4. (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED.

YOU ACKNOWLEDGE THAT THE APP/SERVICES ARE 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/SERVICES 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/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE CSA MAY PROVIDE LIMITED REMEDIES TO YOU.

9. 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

  1. (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP,
  2. (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR
  3. (iii) TWO DOLLARS ($2.00).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.

10. INDEMNIFICATION.

You and any Device User(s) 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 or a Device User’s access to or use of the App or Third Party Content and Services; (ii) Your or a Device User’s breach of this License; (iii) Your or a Device User’s violation of law; (iv) Your or a Device User’s negligence or willful misconduct; or (v) Your or a Device User’s 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 or a Device User’s access to or use of the App. These obligations survive termination of this License.

11. MISCELLANEOUS.

The following provisions survive termination of this License:

11.1 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 Application must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the CSA. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of the CSA.

11.2 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 https://www.att.com/myatt.

11.3 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.

11.4 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.

11.5 Export Control; Lawful Use.

You and Device User(s) 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 and any Device User(s) 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.

11.6 Performance or Benchmark Testing.

You and any Device User(s) may not disclose the results of any benchmark test using the App to any third party without AT&T's prior written approval.

11.7 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 on AT&T’s website. You and any Device User(s) will be deemed to have agreed to any such modification or amendment by continuing to use the App following the date in which the modified or amended License is made available through the App or at the above-referenced website.

11.8 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.

11.9 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.

11.10 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.

11.11 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

11.12 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.

This Application may incorporate, use or access software that is subject to the following additional Open Source License Terms: