AT&T Messages End User License Agreement

1.1

Description of AT&T Messages

1.1.5 Voicemail to Text (VMTT)

AT&T Messages may include a VMTT setting. After VMTT is turned on, Your voicemails will be transcribed and sent to You as data. To enable VMTT, You authorize AT&T or a third party working on AT&T's behalf to listen to, and transcribe all or part of voicemail messages and to convert such message into text, and to use aggregated transcriptions to enhance and improve VMTT speech recognition and transcription services. Transcription times cannot be guaranteed. Transcription services may be taken down periodically for maintenance during off peak hours, and during those times transcription services may not be available. AT&T may enhance, upgrade, improve or modify, the technologies that enable VMTT without providing You notice of such enhancements, upgrades or improvements.

You are solely responsible for and will comply with all applicable laws as to the content of any messages You receive from VMTT that You forward or include in a reply to any other person. AT&T is not responsible, nor liable for: 1) errors in the conversion of or its inability to transcribe voicemail messages to text including omitting abusive or profane words; 2) lost or misdirected messages; or, 3) content that is unlawful, harmful, threatening, abusive, obscene, tortious, or otherwise objectionable. AT&T does not filter, edit or control voice, or text, or email messages, or guarantee the security of messages. AT&T can interrupt, restrict or terminate VMTT without notice, if Your use of VMTT adversely impacts AT&T's network, for example that could occur from abnormal calling patterns or an unusually large number of repeated calls and messages; or if Your use is otherwise abusive, fraudulent, or does not comply with the law or Your Wireless Customer Agreement.

1.2 AT&T NOT RESPONSIBLE FOR YOUR MESSAGES, CONTACT INFORMATION AND CONTENT.

AT&T is not responsible or liable in any way for messages, Contact Information or Content transmitted or received by You. AT&T does not and has no obligation to screen, edit, or control messages, Contact Information or Content You transmit or receive. AT&T does not guarantee the accuracy, integrity or quality of messages, Contact Information or Content transmitted. The transmission and receipt of messages, Contact Information or Content is solely at Your own risk. AT&T has the right, but not the obligation to pre-screen, refuse, or remove Content that is illegal, violates this License, or exposes AT&T to risk of claims.

1.3 CONSENT TO STORE YOUR MESSAGES, CONTACT INFORMATION AND CONTENT.

You grant AT&T the right to store Messages, call logs, voicemail, Contact Information and Content on storage systems operated by AT&T. You acknowledge and agree that even though You delete Messages, including call logs and voicemail, Your Messages, call logs and voicemail may be retained on AT&T's and its suppliers', licensors' and collaborators' systems and may be produced if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that AT&T may access, preserve and disclose Messages and call logs, if required to do so by law or if AT&T believes in good faith that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any Message violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of AT&T, its users and the public.

1.4 NOTICE REGARDING PERSONAL AND CONFIDENTIAL INFORMATION.

You should delete and should not store confidential or proprietary information of any kind, such as trade secrets, attorney client information, business records and plans, or sensitive personal information such as financial records, credit information, social security or other identifying information from Your Application account in the Cloud. You are responsible for the security of the Application on Your Mobile Device(s). AT&T is not liable for any unauthorized use of Your Application account or for any damage or loss that You may suffer as a result of any unauthorized use of Your Application account. AT&T is not responsible for others accessing the Application on Your Device if Your Device or computing device is lost or stolen.

1.5 NOTICE REGARDING USE OF HEALTH-RELATED APPLICATION.

You are not authorized to use the Application to store Protective Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA") and AT&T specifically disclaims any responsibility or obligation to act as a Business Associate under HIPAA.

1.6 Technology Enhancements.

AT&T may enhance, upgrade, improve or modify, the technologies that underlie the Application without providing You notice of such enhancements, upgrades, improvements or modifications ("Technology Enhancement"). You acknowledge that AT&T has no express or implied obligation to announce or make available any Technology Enhancement in the future. Should a Technology Enhancement be made available, it may contain features, services or functionality that are different from those currently provided and You acknowledge and agree AT&T shall not liable to You if AT&T discontinues providing a feature, service or functionality previously provided or You must upgrade Your service to obtain an enhanced, upgraded, improved or modified feature, service, or functionality

1.7 Fees and Charges.

You will be charged per the wireless service agreement applicable to Your Device for any Message that You send or receive. Billable messages include text messages, picture and video messages, and forwarded voicemails ("Messages"). Messages will be charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of said Messages. The Application will temporarily interrupt any active Wi-Fi connection if necessary to verify Your account credentials via the cellular network. During the verification process, any data that You send or receive in connection with either the Application (including for verification) or any other applications will be sent or received over the cellular data network and will count against Your data plan (instead of Your messaging plan). Voice, data and messaging rates may apply when You use the Application.

Login to att.com/myatt or the myAT&T app and remove AT&T Messages Backup & Sync from the mobile number that has the Service (option not available to business accounts).

Or You can call AT&T Customer Care at 1-800-331-0500 or 611 from Your mobile device.

Once You remove the Service all of Your text and picture messages as well as any voicemail or call logs will be deleted from Your Messages cloud storage. You may need to setup a new voicemail password. Messages on Your smartphone will not be deleted. AT&T or 3rd party apps that You have granted permission to access Your cloud inbox may no longer function. Check https://auth-api.att.com/permissions to see if You have any affected apps.

1.9 Non-Availability of the Application.

The Application, or any feature or part thereof, may not be available in all locations and AT&T makes no representation that the Application, or any feature or part thereof, is available for use in any particular location. The Application may also be unavailable at times due to maintenance, repair, or software or system upgrades. AT&T may need to stop provisioning the Application, either temporarily or permanently. You agree that AT&T shall not be liable to You or any third party for any unavailability, modification or cessation of the Application.

2.1 License Grant.

Subject to the restrictions set forth in Section 2.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use a copy of the Application on eligible Device(s) owned and controlled by You (each, a "Device") and, and to access and use the Application on such Device solely for Your personal use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind.

2.2 Restrictions on Use.

You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (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 Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application 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 Application to send automated queries to any website or to send any unsolicited commercial e-mail, or to violate do not call or automatic dialing laws and regulations; (k) misrepresent or spoof Your identity; (l) 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 applications, accessories or devices for use with the Application; (m) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (n) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. 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.

3.1 Rights to Application.

You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use 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. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. Title to the Application 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 Application (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 Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.

3.2 AT&T Marks.

You acknowledge and agree that 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," (the "AT&T Mark"). You are not authorized to use the AT&T Mark 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.

3.3 Open Source Software.

The Application may utilize or include third party software that is subject to open source license terms ("Open Source Software"), including those set forth in the "Third Party Terms" section below. You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, 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.

4.1 General.

You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties ("Third Party Content and Services").

4.2 Disclaimer.

You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and AT&T shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services.

4.3 Third Party Terms of Service.

You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that AT&T and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.

4.4 Endorsements.

You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by AT&T of such 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 Application, although AT&T has no obligation to restrict or deny access even if requested by You.

4.5 Inaccurate or Inappropriate Materials.

You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that AT&T and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.

5.1

The Application may contain features that allow You to submit, post or display content through the Application. You may not use or allow others to use the Application, directly or indirectly through Your Device or wireless number, nor upload, distribute, transmit, communicate, link to, public or access any data, information or material through, using or otherwise in connection with the Application, that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; or (c) infringes any copyright, trademark or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. This means that You, and not AT&T or its collaborators, suppliers, or licensors, are entirely responsible for all content that You provide via the Application. AT&T reserves the right to filter, edit, or control the user-submitted content posted via the Application and does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will AT&T or its collaborators, suppliers, or licensors be liable in any way for any user-submitted content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via the Application.

5.2

If You provide content through the Application ("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. You also hereby waive any moral rights in Your User Submission. AT&T is under no obligation to post or use any User Submission You may provide and AT&T may remove Your User Submission at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein.

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this License or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
• claims that may arise after the termination of this License.

For purposes of this Section 10.1 only, references to "AT&T," "You," "Your" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this Application, or of services or devices under this License or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into this License, You and AT&T are each waiving the right to a trial by jury or to participate in a class action. This License evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this License.

• pay You the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
• pay Your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration ("the attorney premium").

If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

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 the Application or Your use of the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.

11.2 Contact Information.

In the event that You have a question, complaint or claim regarding Your use of the Application, please call 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 att.com/db.

11.3 Severability.

If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be 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 Jurisdictional Issues, Export Control.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (a) located in any country that is 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 also agree that You will not use the Application for any purposes prohibited by United States law or other applicable laws.

11.6 U.S. Government Restricted Rights.

The Application was developed at private expense and 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 Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.

11.7 Performance or Benchmark Testing.

You may not disclose the results of any benchmark test using the Application to any third party without AT&T's prior written approval.

11.8 Modification or Amendment.

AT&T may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the Application or at www.att.com/messagesterms. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is made available through the Application at www.att.com/messagesterms.

11.9 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.

11.10 Third Party Beneficiaries.

Except as explicitly provided in this License or in the Related 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.

11.11 No Transfer by You.

You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. AT&T may assign this License without restriction.

11.12 Copyright Complaints.

AT&T respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T's Copyright Agent the following written information:

11.13 Entire Agreement.

This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.