IBM MaaS360 with AT&T EULA

Version 12.13.19

IBM Maas360 with AT&T Terms of Use and End User License Agreement

AT&T Corp. and its Affiliates (“AT&T”) licenses the use of IBM MaaS360 with AT&T (the

“Solution”) including the related application (the “App”) to You, conditioned upon your

acceptance of this Terms of Use and End User License Agreement (“Agreement”).

BY CLICKING “OK” OR “I ACCEPT”, OR BY DOWNLOADING, INSTALLING OR USING

THE APP OR USING THE SOLUTION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE

READ AND UNDERSTAND THIS AGREEMENT AND ARE GIVING YOUR INFORMED

CONSENT FOR YOURSELF AND/OR ARE AUTHORIZED TO CONSENT ON BEHALF OF

THE SUBSCRIBING CUSTOMER TO THESE TERMS AND CONDITIONS REQUIRED TO

EMPLOY THE SERVICES DESCRIBED IN THIS AGREEMENT ON THE DEVICES ON

WHICH THE APP IS INSTALLED; (B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF

AGE OR OLDER; (C) AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY

FOUND AT WWW.ATT.COM/AUP; (D) IF YOU ARE A CONSUMER, AGREE THAT THE

TERMS OF THE THEN CURRENT AT&T WIRELESS CUSTOMER AGREEMENT(“WCA”),

WHICH MAY REQUIRE 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 SOLUTION; AND (E) IF YOU ARE A GOVERNMENT

OR BUSINESS CUSTOMER, AGREE THAT THE TERMS OF YOUR QUALIFIED

GOVERNMENT WIRELESS SERVICES AGREEMENT OR BUSINESS WIRELESS

SERVICES AGREEMENT (BOTH REFERRED TO HEREIN AS A “BUSINESS

AGREEMENT”) APPLY HERETO.

If at any time after reviewing or using the Solution You wish to terminate such use or this

Agreement, You must un-install and remove the App from subscribed Devices, and delete any

copy in Your possession. This Agreement will automatically terminate if You are not, or are no

longer, an AT&T subscriber subject to the terms of the WCA or a Business Agreement.

1. DEFINITIONS: (a) “AT&T,” “We,” “Our” and “Us” mean AT&T Mobility National

Accounts, LLC and its affiliates providing the Solution, pertinent suppliers, agents, employees,

successors and assigns,;(b) “IBM MaaS360 with AT&T” or “Solution” means the App, together

with the website, software, documentation, content and services (collectively “Services”)

provided in connection with the App, and any updates to these items; (c) “You” and “Your”

mean: (i) if you are a consumer, an individual who downloads or uses the IBM MaaS360 with

AT&T App (“End User”); or (ii) if you are a business or government customer (“Customer”), the

entities subject to the Business Agreement, the authorized representatives of those entities and all

Corporate Responsibility Users (CRUs) of such entities (the latter also included in “End User”);

(d) “Agency” and “Company” mean an entity that has entered into a Business Agreement.

2. THE SERVICES AND APP: The Solution is composed of the Services and the App.

The Solution is designed to be available 24/7, subject to maintenance. The App enables

Customers to use IBM MaaS360 with AT&T as a cloud service provided by AT&T’s supplier on

the latter’s computer systems (the “Services”). The Services enable Customers to provision,

manage, help secure, monitor and control the use of the devices on which the App is installed

(“Devices”), over the air, including preventing certain applications from operating on a Device,

deleting information and files, remotely wiping or locking a Device, or disabling certain features

on a Device.

Customers may use the Services to send documents or applications to subscribed Devices, have

full control over use of the App on those Devices, and may modify, restrict, or terminate the

ability to use the App at any time. Customers also may use the Services to collect certain

Version 12.13.19

information that they may send to AT&T or its supplier for analysis when they detect software or

website activity suspected of involvement in malicious activity. This information is collected on

behalf of the Customer to learn about suspected attacks in order to enhance the ability of the

Solution to protect the Customer and End Users. The collected information may also be used in

anonymously aggregated form, and the resulting insights may be shared with third parties

pursuant to AT&T Privacy Policy.

Customers determine the information collected by the Services from subscribed Devices, some of

which could be personally identifiable information (“Personally Identifiable Information”). The

collected information may include:

- An End User’s name, telephone number, registered email address and Device location.

- The name of the Customer and, at the Customer’s request (i) a copy of the End User’s ID that is

used to interact with it and (ii) the End User’s browsing history using the App, including websites

that are controlled by the Customer.

- Information about the hardware identification, operating systems, application software,

inventory, peripheral hardware, security configurations, systems settings and network connections

of subscribed Devices, the means by which End Users access the internet, as well as the ID,

name, use patterns, device IP address and other identifiable information of each subscribed

Device.

- Information collected by the Solution when it detects software or website activity suspected of

involvement in malicious activity including device risk data.

- Information related to the Solution’s installation and operations, its ID, program version and

date of installation, security events generated from a subscribed Device and information about

Solution errors.

Customers, as the data controllers, are responsible for the collection, processing, use and

management of information gathered through use of the Solution. If End Users have questions or

need further information, they should contact the Customer. If a Customer is using the Services,

then AT&T’s supplier will act as the data processor on the Customer’s behalf. Additional terms

related to the Solution are below.

Customer Content will be removed from the Solution’s computing resources upon the expiration

or cancellation of the Customer’s subscription, or earlier upon a Customer’s request. AT&T may

charge for certain activities performed at the Customer’s request (such as delivering Content in a

specific format). Content is not archived, however some Content may remain in backup files until

expiration of such files as governed by applicable backup retention practices.

2.1 CONSENT TO DISCLOSE LOCATION INFORMATION: This App accesses and uses

End Users’ personally identifiable location information (“Your Location Information”). This

notice may serve as AT&T’s sole notice to You that the App may disclose Your Location

Information to Your Company or Agency, and You may not receive any reminders or further

notice. If You no longer wish to allow Your Company or Agency to have access to Your Location

Information as described above, You must uninstall and delete the App from Your Device. By

using the App, You consent to and agree that AT&T and its suppliers may access Your Device

and otherwise obtain Your Location Information, and to record, compile and use such

Version 12.13.19

information in the provision and improvement of the services, features, and functionality

available within the Solution and pursuant to AT&T Privacy Policy.

2.2 CONSENT TO DISCLOSE OTHER PERSONAL INFORMATION: Use of the

App allows an End User’s Company or Agency to access his or her Device and to view and

manage software, transactions and information on the Device, including, without limitation, the

Personal Information described in Section 2 above.

The information collected and processed may be used by the Customer, AT&T, and AT&T’s

supplier on behalf of the Customer, for the following purposes: (1) to provide the Services,

including the use of global resources (personnel and resources in locations worldwide) and third

party suppliers for the delivery of Services; (2) to learn about connection performance and device

information; (3) for purposes of invoicing the Customer; and (4) and for any other purposes

authorized by AT&T’s Privacy Policy found at www.att.com/privacy

. The Customer is

responsible to obtain Your consent to any additional uses of information that is collected.

This Agreement constitutes Your consent to these disclosures. This notice may serve as AT&T’s

sole notice to You that the App may disclose Your Personal Information to Your Company or

Agency, and you may not receive any reminders or further notice. If You no longer wish to allow

Your Company or Agency to have access to Your Personal Information, You must uninstall the

App and delete it from Your Device.

You also agree that Your Company or Agency and AT&T and its supplier may process the

collected information including any personally identifiable data as described above and only for

the purposes stated above including cross border transfers. If You reside in the European

Economic Area, You further agree that Your Company or Agency and AT&T and its suppliers

may transfer the collected information including any personally identifiable data to processors or

sub-processors outside of the European Economic Area and countries considered by the European

Commission to have adequate levels of security pursuant to contractual terms in accordance with

the applicable data protection legislation.

IF YOU DO NOT AGREE TO ALLOW AT&T’S SUPPLIER, AS YOUR COMPANY’S OR

AGENCY’S DATA PROCESSOR TO COLLECT, RECEIVE OR USE INFORMATION --

POSSIBLY INCLUDING PERSONALLY IDENTIFIABLE INFORMATION -- DO NOT

INSTALL THE PROGRAM OR IF ALREADY INSTALLED, UNINSTALL IT.

3. USE GRANT AND USE RESTRICTIONS.

3.1 Grant. AT&T is authorized to issue subscriptions for use of the Services and

the App. 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 one or more Devices owned or controlled by You, and to access and use the App on such

Devices, strictly in accordance with the terms and conditions of this Agreement, and all

applicable local, national, and international laws and regulations.

3.2 Restrictions on Use. The App may only be used as part of the Solution. You

shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or

decrypt the App or Services for any purpose; (b) modify, adapt, improve, or create any derivative

work from the App or Services; (c) violate any applicable laws, rules or regulations in connection

with Your access or use of the App or Services; (d) remove, alter or obscure any proprietary

notice (including any notice of copyright or trademark) of AT&T or its suppliers, collaborators or

licensors; (e) use the App or Services in a manner that derives revenue directly from such use, or

use the App or Services for any other purpose for which they were not designed or intended; (f)

Version 12.13.19

unless you have a subscription permitting use on more than one Device, (i) install, use or permit

the App to exist on more than one Device at a time or on any other mobile device or computer or

(ii) distribute the App to multiple Devices or (iii) make the App available over a network or other

environment permitting access or use by multiple Devices or users at the same time; (g) use the

App or Services 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; (h) use the App or Services to send automated queries to any website or to send any

unsolicited commercial e-mail; (h) 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; (i) circumvent, disable or

tamper with any security-related components or other protective measures applicable to the App,

Services or Devices or (j) 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 or Services.

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 App and obtaining available patches to address security, interoperability, or

performance issues. These obligations survive termination of this Agreement.

3.3 Support. All support for the Services and Apps is provided solely by AT&T, and

all requests for support shall be directed only to AT&T at the location identified below or such

other location as AT&T may indicate.

4. INTELLECTUAL PROPERTY RIGHTS.

4.1 Rights to App and Services. The App and Services (including their 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 suppliers, collaborators, or licensors. The source

and object code of the App or Services are the proprietary and confidential information of AT&T

and its suppliers, collaborators, or licensors. The App and Services are licensed, not sold, to You.

Title to the App and Services shall remain with AT&T and/or its suppliers, collaborators, and

licensors. AT&T and its suppliers, collaborators, and licensors 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 Agreement, You are not granted any intellectual

property rights in or to the App or Services by implication, estoppel or other legal theory, and all

rights in and to the App and Services not expressly granted in this Agreement are hereby reserved

and retained by AT&T and its suppliers, collaborators, and licensors. These obligations survive

termination of this Agreement.

4.2 AT&T Marks. The following company name and its 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 or to 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 Agreement.

4.3 Separately Licensed Code. The provisions of this subparagraph do not apply to

the extent they are held to be invalid or unenforceable under the law that governs this license.

Each of the components listed below is considered "Separately Licensed Code." Separately

Licensed Code is licensed to You under the terms of the third party license agreement(s) for the

Version 12.13.19

applicable currently Separately Licensed Code. Notwithstanding any of the terms in the

Agreement, the terms of such third party license agreement(s) governs Your use of all Separately

Licensed Code unless otherwise noted below. The following are currently Separately Licensed

Code:

openvpn3

ics-openvpn

Future updates or fixes to the Services or App may contain additional Separately Licensed Code.

Such additional Separately Licensed Code and related licenses will be listed in another file that

accompanies the Services or App update or fix. You acknowledge that You will read and agree

to the license agreements contained in those file(s). If You do not agree to the terms of these third

party license agreements, You may not use the Separately Licensed Code.

Note: Notwithstanding any of the terms in the third party license agreement or this Agreement:

(a) This Separately Licensed Code is provided to You WITHOUT WARRANTIES OF ANY

KIND;

(b) AT&T AND ITS SUPPLIERS, COLLABORATORS AND LICENSORS DISCLAIM ANY

AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING,

BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR

INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT

TO THE SEPARATELY LICENSED CODE;

indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed

Code; and

(d) AT&T and its suppliers, collaborators, and licensors are not liable for any direct, indirect,

incidental, special, exemplary, punitive or consequential damages including, but not limited to,

lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.

5. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES;

CUSTOMER CONTENT.

5.1 Third Party Content and Services. The Solution may permit access to products,

services, websites, and content from vendors and other third parties (“Third Party Content and

Services”). Your use of Third Party Content and Services may be subject to additional terms of

use set by those third parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS

AT YOUR 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 and its suppliers, collaborators, and licensors shall have no liability to You arising out of

or in connection with Your access to and use (or misuse) of the Third-Party Content and Services.

5.2 Customer Content. Customer Content consists of all data, software, and information

that Customer or its authorized users provides, authorizes access to, or inputs to the Solution. Use

of the Solution will not affect Customer’s ownership or license rights in Customer Content. Upon

request by either party, AT&T, Customer or affiliates of either, will enter into additional

agreements as required by law in the prescribed form for the protection of regulated personal data

included in Customer Content. The parties agree (and will ensure that their respective affiliates

agree) that such additional agreements will be subject to the terms of the Agreement.

Version 12.13.19

6. TERM AND TERMINATION. This Agreement 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 Services, or suspend or terminate this Agreement and the rights afforded to You

hereunder, with or without prior notice or other action by AT&T. Upon the termination of this

Agreement, You shall cease all use of the App and Services 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 Agreement in accordance with its terms, and termination of this

Agreement 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 Agreement.

If You are an individual and are given access to the App by Your Agency or Company and would

like to terminate the App subscription, contact Your Company or Agency wireless administrator.

If You are an individual and pay for the subscription though Your personal wireless subscription,

You must terminate Your subscription by calling AT&T Customer Support at 800-331-0500 (or

611 from your Device) to request cancellation of your service. If You are an Agency or

Company and would like to cancel Your subscription and terminate your service, contact Your

AT&T Account Manager. Simply deleting the App from a Device will not terminate the

subscription, and App charges will continue to accrue until the Agreement is terminated. Any

such termination of this Agreement by You shall become effective upon AT&T’s receipt of Your

notice.

7. LIMITED WARRANTY. AT&T warrants that the App and Services are provided using

commercially reasonable care and skill, that they will perform in accordance with the service

description, and that AT&T will take reasonable corrective action for any failure to comply of

which AT&T becomes aware or is made aware of by You. This warranty ends when Your

subscription ends. AT&T does not warrant uninterrupted or error-free operation of the App and

Services or that all defects will be corrected or that third party disruptions or unauthorized third

party access will be prevented. These warranties are the exclusive warranties from AT&T.

AT&T warranties will not apply if there has been misuse, modification, damage not caused by

AT&T or its supplier, or failure to comply with instructions provided by AT&T.

7.1 Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT EXCEPT AS

EXPRESSLY SET FORTH IN THIS SECTION 7, THE APP AND SERVICES ARE

PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF

OR RELIANCE UPON THE APP AND SERVICES IS AT YOUR SOLE RISK AND

DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS

SUPPLIERS, COLLABORATORS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL

OTHER REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE

APP AND 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 AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS SUPPLIERS,

COLLABORATORS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP OR

SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APP AND SERVICES 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 AND SERVICES WILL BE AS

Version 12.13.19

REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP

AND SERVICES WILL BE CORRECTED OR THAT THE APP AND SERVICES WILL BE

MAINTAINED. AT&T AND ITS SUPPLIERS, COLLABORATORS AND LICENSORS DO

NOT WARRANT THAT THE APP OR 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 SUPPLIERS, COLLABORATORS, 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. THIS SECTION 7 SHALL

SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND

CONDITIONS OF THE WCA OR YOUR BUSINESS AGREEMENT MAY PROVIDE

LIMITED REMEDIES TO YOU.

8. AT&T LIABILITY AND INDEMNITY. AT&T’s and its suppliers’ entire liability for

all claims related to the Agreement will not exceed the amount of any actual direct damages

incurred by Customer up to the amounts paid (if recurring charges, up to 12 months' charges

apply) for the Solution that is the subject of the claim, regardless of the basis of the claim. AT&T

and its suppliers will not be liable for special, incidental, exemplary, indirect, or economic

consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.

These limitations apply collectively to AT&T’s and its suppliers’ affiliates, contractors, and

suppliers.

8.1 The following amounts are not subject to the above cap: (i) third party payments

referred to in the Section 8.2 below; and (ii) damages that cannot be limited under applicable law.

8.2 If a third party asserts a claim against You that the Solution infringes a patent or

against You or included in a settlement approved by AT&T, provided that You promptly: (i)

notify AT&T in writing of the claim; (ii) supply information requested by AT&T; and (iii) allow

AT&T to control, and reasonably cooperate in, the defense and settlement, including mitigation

efforts.

8.3 AT&T and its suppliers have no responsibility for claims based on any violation

of law or third party rights caused by Customer Content, materials, designs, or specifications.

9. INDEMNIFICATION. Except where prohibited by law, 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, Services, or Third Party Content and Services; (ii) Your breach of

this Agreement; (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

Version 12.13.19

third-party claim arising out of or in connection with Your access to or use of the App or

Services. These obligations survive termination of this License.

10. SECURITY MEASURES. Customer shall instruct AT&T to take appropriate technical

and organizational measures against unauthorized or unlawful processing of the collected

personally identifiable information and against accidental loss or destruction of, or damage to, the

personally identifiable information. If End Users have any questions, or require further

information, they should contact their supporting Customer. AT&T’s supplier will delete any

collected information, which may include Personal Information, following expiration or

termination of the Agreement between AT&T and the Customer, unless required otherwise for

the purposes set forth above, or by applicable law, rule or regulation. In such case, the collected

information will be retained for the duration required by such purpose, applicable law, rule or

regulation. If End Users have any questions about how the information described above is being

handled, or to access, correct, or delete their personally identifiable information, they should

contact their supporting Customer.

11. MISCELLANEOUS.

11.1 Governing Law, Limitation on Actions. Except where prohibited by law, this

Agreement 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 Agreement 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 Agreement, the Solution or Your use of the Solution must

commence within one (1) year after the applicable cause of action accrues in accordance with any

dispute resolution provision of the WCA or Your Business Agreement. Otherwise, such cause of

action is permanently barred. This Section 11.1 is not intended to and does not alter any

provisions of the WCA.

11.2 Compliance with Law. Each party is responsible for complying with all laws

and regulations applicable to its business and Content.

11.3 Contact Information. Customer administrators may reach the AT&T Customer

Service Desk by visiting https://expressticketing.acss.att.com/expressticketing/

or by dialing 888-

292-7099. Please provide your AT&T Billing Account Number (BAN) and Foundation Account

Number (FAN) when doing so. End Users should follow their Company or Agency’s policies and

procedures to contact the internal administrator.

11.4 Severability. If any provision of this Agreement 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.

11.5 Waiver. Except as provided herein, the failure to exercise a right or require

performance of an obligation under this Agreement 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.

11.6 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

Version 12.13.19

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. The

rights and obligations of each party are valid only in the country of Customer’s business address.

If Customer or any user exports or imports Content or use of any portion of the Solution outside

the country of Customer’s business address, AT&T and its suppliers will not serve as the exporter

or importer, except as required by data protection laws.

11.7 Statutory rights. Nothing in the Agreement affects statutory rights of consumers

that cannot be waived or limited by contract.

11.8 U.S. Government Rights in Commercial Computer Software. The App was

developed at private expense. As defined in FAR section 2.101, DFAR section 252.227-

7014(a)(1) and DFAR section 252.227-7014(a)(5) or otherwise, all software and accompanying

documentation provided in connection with this Agreement are “commercial items,” “commercial

computer software” and/or “commercial computer software documentation.” Consistent with

DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release,

performance, display, disclosure or distribution thereof by or for the U.S. Government shall be

governed solely by the terms of this Agreement and shall be prohibited except to the extent

expressly permitted by the terms of this Agreement.

11.9 Modification or Amendment. To the extent not prohibited by law, AT&T may

modify or amend the terms of this Agreement at any time, with or without direct notice to You,

by posting a copy of the modified or amended Agreement available through the App or Services.

You will be deemed to have agreed to any such modification or amendment by Your decision to

continue using the Solution and/or App following the date on which the modified or amended

Agreement is made available through the App or applicable web site.

11.10 Survival. Any provisions of this Agreement which by their express language or

by their context are intended to survive the termination of this Agreement shall survive such

termination.

11.11 Independent Contractors; No Third Party Beneficiaries. The parties are

independent contractors, not agents, joint venturers, partners, or fiduciaries of each other, and do

not undertake to perform any of the other’s regulatory obligations or assume any responsibility

for the other’s business or operations. Except as explicitly provided in this License or in

incorporated agreements, nothing contained in this Agreement 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.

11.12 No Transfer by You. Any attempted transfer by You in contravention of this

Agreement shall be null and void. These obligations survive termination of this Agreement.

AT&T may assign this Agreement without restriction.

11.13 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: copyrig[email protected]

Version 12.13.19

For further information, see https://www.att.com/legal/terms.dmca.html

11.16 Entire Agreement. This Agreement including the documents incorporated

herein by reference constitute the entire agreement with respect to the use of the Solution and

supersedes all prior or contemporaneous understandings regarding use of the Solution.