When you or any other person, employee or representative authorized by you (collectively referred to as “You” or “Your”) use the AT&T M2X website (“M2X Site”), You accept the Terms and Conditions stated below (the “Terms and Conditions”). Do not use the M2X Services if You do not agree with these Terms and Conditions.
Content Ownership. The AT&T M2X Site provides You access to technical resources, such as product, service, and network information, and community forums and contain trademarks, service marks, logos, copyrights, other intellectual property, including, without limitation, text, data, graphics, audio, video, and product, service, network, process, and technical descriptions and information (collectively, the "Content") owned by, licensed to, and/or supplied to AT&T Corp. (“AT&T”). As between You, AT&T its third party Content licensors and suppliers, AT&T or such third party Content licensors and suppliers are the sole owners of all Content on the M2X Site, including, without limitation, all copyrights, trademarks, service marks, patent, trade secret, and other intellectual property rights thereto. AT&T is the sole owner of the M2X Site. The M2X Site may contain links and references to third-party websites, which are provided for the convenience. AT&T is not responsible for the content or information contained on such third party websites. “Content” does not include any data which is produced by your devices and solutions and which you store using the M2X Service; such data is owned by You and is referred to as “Your Data.”
Account Registration. In order to use certain features of the M2X Site, You will be asked to create a user Account and password (an "Account") and provide certain information ("Registration Data"). You agree: (i) that the Registration Data You provide will be true, accurate, current and complete at the time You provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that AT&T may contact You and require You to confirm some or all of Your Registration Data before using certain features of the M2X Site. You are responsible for maintaining the confidentiality of Your Account credentials and for all activities, charges and/or liabilities that occur from Your Account, whether or not authorized by You. You must immediately notify AT&T of any unauthorized use of Your Account credentials or any other breach of security of which You become aware. We will not be liable for any loss or damage arising from Your failure to comply with this section.
Limited License. Subject to Your compliance with these Terms and Conditions, and in consideration of Your promises reflected herein, AT&T grants to You a limited, non-exclusive, revocable, non-transferable license to access, view and use the M2X Site, including the Content contained therein, subject to any access restrictions or fees AT&T may establish from time to time. You may download, view, copy and print the Content solely for Your own use; provided that, without the express prior written permission of AT&T, such Content may not be adapted, modified, published, displayed, transmitted, transferred, shared with or disseminated to anyone for any purpose which is inconsistent with the business purpose of the M2X Sites, facilitates unfair competition with the M2X Site, or exploits the M2X Site in any way or which is inappropriate under applicable US or international law. You are not permitted to distribute, assign, transfer or sublicense any right to use the M2X Site, either in whole or in part, to any third party.
Use Restrictions. Notwithstanding the foregoing license grant, You may not resell, redistribute, broadcast or transfer the Content or use the Content in a searchable, machine-readable database or file except through the authorized access to the M2X Site. Except as to Your Data, and unless separately and specifically authorized in writing by AT&T, You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, mine, harvest, collect, store or time-share the M2X Site, any part thereof, or any of the Content received or accessed therefrom to or through any person or entity. Access to any restricted area of the M2X Site without the authorization of AT&T is prohibited. You agree to use the M2X Site, including, without limitation, any restricted area, and the Content contained herein for lawful purposes only. You may not utilize logos, marks, or other distinctive graphics, video, or audio material in Your links, without AT&T’s express written permission, which AT&T may withhold in its discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by AT&T, (ii) cause confusion, mistake, or deception, (iii) dilute AT&T's trademarks or service marks, or (iv) otherwise violate state or federal law. In addition, You may not link to any page of the M2X Site unless AT&T authorizes You in writing. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or programs to catalog, download or otherwise reproduce, store or distribute Content available on the M2X Site. You may not use any such automated means to manipulate the M2X Site or attempt to exceed the limited authorization and access granted to You under these Terms and Conditions. You may not resell use of, or access to, the M2X Site to any third party.
Forums. AT&T may make forums available within the M2X Site to help developers request and provide development help and share tips. By submitting comments, posts, content, information, or messages (“Posts”) to such forums, You represent and warrant that: (i) You own and control all rights to the content in Your Posts, that You transmit or otherwise make available, or You have the lawful right to distribute, reproduce, and provide such content; (ii) the Posts are accurate and not misleading; and (iii) providing such Posts does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, You grant us a royalty-free, perpetual, irrevocable license to use such Posts. Also, You understand and agree that AT&T retains the right to reformat, excerpt or translate any Posts submitted by You. You understand and agree that AT&T will not be liable for any Posts publicly posted or privately transmitted on the M2X Site. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom You may interact in the course of using the M2X Site. Additionally, we cannot guarantee that any Posts obtained from our users or otherwise, is accurate, complete, authentic, current or reliable. Your use of the forums, if any, will further be governed by the AT&T Developer Community Rules available for review within the forums. Those rules are incorporated into these Terms and Conditions by this reference. Users should be aware that forums and discussion groups are public and not private communications. Further, users acknowledge that Postings by other users are not endorsed by AT&T, and that such Posts shall not be considered as having been reviewed, screened or approved by AT&T.
You agree not to submit or transmit any Post 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; (c) infringes any copyright, trademark or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others; or (d) is a solicitation for funding, advertising or solicitation for goods or services; or (e) (iv) which is used to unlawfully collude against another person in restraint of trade and competition. You are solely responsible and liable for any such activity, behavior, use and conduct. This means that You, and not AT&T or its, suppliers, or licensors, are entirely responsible for all Posts You submit or transmit. AT&T reserves the right to filter, edit, or control all Your Posts and does not guarantee the accuracy, integrity or quality of Your Post. Under no circumstances will AT&T or its suppliers, or licensors be liable in any way to You for any Posts, including, but not limited to, any errors or omissions in any content, information, or messages, or any loss or damage of any kind incurred as a result of the use of any such content, information or messages posted, emailed, transmitted. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from Your Post to a forum. AT&T does not and cannot review every Post by You on forums and is not responsible for any Post. AT&T reserves the right to delete, move or edit, at its sole discretion, any Post that does not comply with this paragraph. You acknowledge that any Post may be edited, removed, modified, published, transmitted and displayed by AT&T. AT&T is under no obligation to use any Post you transmit or submit. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to Your Post.
Any Post, comments, content, information or materials sent to us, including, but not limited to, data, ideas, answers, questions, comments, suggestions, feedback or the like, (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to You of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You acknowledge that AT&T has absolutely no liability for alleged infringement or misappropriation in connection with such information/Post. The submission of such information/Post to AT&T will in no way prevent, or require, the purchase, manufacture or use of any products, services, plans or ideas by AT&T for any purpose whatsoever.
Consent to Monitoring and Disclosure. You acknowledge that AT&T reserves the right, and may from time to time, monitor Your access and use of the M2X Site and Your Posts. AT&T, at its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Post which AT&T deems inappropriate or that violates these Terms or Conditions or any AT&T Policy. During monitoring, Posts may be examined, recorded, copied, and used for authorized purposes. Your use of the M2X Site, authorized or unauthorized, constitutes consent to such monitoring.
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 M2X Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the process detailed at http://www.att.net/general-info/claims.html and directed to: Designated Agent: Manager of Security & Copyright Infringement, 1800 Perimeter Park Drive, Suite 100, Morrisville, NC 27560, Phone: (919) 319-5737, Fax: (919) 319-8154, E-mail: email@example.com.
Subject to Change. AT&T reserves the right to modify these Terms and Conditions, the Privacy Statement, and the business policies and practices associated with the use of the M2X Site. Such modifications may include, without limitation, implementation of user priorities, implementation of rules for use by You, and discontinuance of functional aspects of the M2X Site, and changes in prices. AT&T may also add, withdraw or modify any Content contained within the M2X Site at any time in its sole discretion. Your use of the M2X Site is Your agreement to be bound by such changes.
Term. The period during which You are entitled to use the M2X Site (“Term”) begins on the date upon which You agree to these Terms and Conditions. AT&T may revoke or terminate the License granted in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if You: (i) breach any obligation in these Terms and Conditions or in any other agreement between You and us, (ii) violate any policy or guideline applicable to the M2X Service or M2X Site, Content, or any other AT&T service, or (iii) use theM2X Site or Content specifically authorized in these Terms and Conditions, without our prior written permission. Additionally, either You or AT&T may terminate this License at any time without cause, but termination of this License will not relieve You of the obligations under these Terms and Conditions that You assumed by using the M2X Site.
Termination of AT&T M2X Site. AT&T may discontinue, terminate, suspend or shut down the M2X Site, particular pages, and/or remove Content at any time and for any or no reason. We are not obligated to give notice of such discontinuation, termination, suspension, removal or shut-down. Your License shall automatically terminate, if AT&T discontinues, terminates, suspends or shut downs the M2X Site.
Application Agreement(s). These Terms and Conditions relate solely to Your access to, and use of, the M2X Site and Content. No commitments, obligations, terms or restrictions are imposed upon either party with respect to any Application(s) by virtue of these Terms and Conditions. Any agreements between You and AT&T regarding Applications will be governed by a separate agreement(s).
Trademarks. The AT&T name, trade names, trademarks and logo, as well as all related product and service names, design marks and slogans, are the property of AT&T, and may not be used by You for any purpose unless specifically authorized in writing, and in advance, by AT&T. All other names, marks and logos are the names, marks and logos of their respective owners. All right, title and interest, including, without limitation, all copyrights, trademarks and other intellectual property rights, in the M2X Site and Content belong to AT&T, its licensors, or suppliers.
Connectivity; Delay in Service. You are responsible for all costs and expenses associated with establishing and maintaining Your connection to the M2X Site. Neither AT&T, nor any of its licensors or suppliers (including its and their officers, directors, managers, employees, affiliates, agents, or representatives) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electric or mechanic equipment failures, interconnection problems, defects, weather, strikes, walkouts, fire, acts of nature, riots, armed conflicts, acts of war or other like causes. AT&T shall have no responsibility to provide You access to the M2X Site during any such interruption.
Limitation of Liability. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR ACCURACY AND SUITABILITY OF THE M2X SITE, YOUR DATA AND THE CONTENT, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE CONTENT PROVIDED UNDER THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT AT&T, ITS AFFILIATES, LICENSORS, AND SUPPLIERS (INCLUDING ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES (“LIMITED LIABILITY PARTIES” FOR THE REMAINDER OF THIS PARAGRAPH) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM AN INABILITY TO ACCESS OR USE THE M2X SITE AND/OR CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE M2X SITE, OR ANY LOSS OR DAMAGE TO YOUR DATA. THESE LIMITATIONS ON THE LIABILITY OF THE LIMITED LIABILITY PARTIES APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR DATA OR THE CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE M2X SITE AND THE LIMITATIONS APPLY EVEN IF LIMITED LIABILITY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT THESE LIMITATIONS ON THE LIABILITY OF LIMITED LIABILITY PARTIES REFLECT A REASONABLE ALLOCATION OF RISK AND THAT SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR AT&T TO ALLOW YOU TO ACCESS AND USE THE M2X SITE. IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF THE LIMITED LIABILITY PARTIES FOR DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATING TO ACCESS OR USE OF YOUR DATA OR THE M2X SITE EXCEED TEN DOLLARS ($10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE JURISDICTIONS. IN SUCH JURISDICTIONS, THE LIMITED LIABILITY PARTIES¿ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Disclaimer of Warranties. BROWSING AND USE OF THE M2X SITE AND YOUR DATA AND THE CONTENT IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INACCURACIES MAY OCCUR, AND THAT AT&T AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THE ACCURACY OR SUITABILITY OF THE M2X SITE AND YOUR DATA AND THE CONTENT FOR ANY PURPOSE. FURTHERMORE, THE M2X SITE AND CONTENT MAY CONTAIN LINKS TO THIRD PARTY WEBSITES NOT UNDER THE CONTROL OR OPERATION OF AT&T. AT&T PROVIDES ANY SUCH LINKS ONLY AS A CONVENIENCE FOR YOU AND IS NOT RESPONSIBLE FOR ANY SUCH LINKED SITES, THE CONTENT ON ANY SUCH LINKED SITES OR A SITE LINKED TO OR FROM ANY SUCH LINKED SITES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE M2X SITE, THE CONTENT AND THE INTERNET GENERALLY. ACCESS TO AND/OR USE OF THE M2X SITE AND CONTENT PROVIDED ON OR AVAILABLE THROUGH THE M2X SITE ARE PROVIDED OR MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY AT&T, ITS AFFILIATES OR IT LICENSORS, OR SUPPLIERS WILL CREATE ANY WARRANTY. FURTHER, NEITHER AT&T NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WARRANT THAT YOUR DATA OR CONTENT PROVIDED ON OR AVAILABLE THROUGH THE M2X SITE WILL BE UN-INTERRUPTIBLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE, OR THAT CONTENT OR MATERIAL PROVIDED ON OR AVAILABLE THROUGH THE M2X SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE M2X SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
Indemnification. You agree to release, indemnify, defend and hold AT&T, its affiliates and/or its licensors, and suppliers and their affiliates, officers, directors, managers, employees, agents and representatives harmless from losses, damages, claims, demands, suits, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Your access to or use of the AT&T Developer M2X Site, Your Data or the Content, the violation by You of these Terms and Conditions, the infringement by You of any intellectual property or other right of any person or entity, and/or any Posts You submit or transmit to any Forums.
Severability. If any of these Terms and Conditions are held to be invalid or unenforceable with respect to a party, the remainder of these Terms and Conditions, 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 these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
Publicity. Nothing contained in these Terms and Conditions will be construed as granting to You any right to use or refer to in advertising, publicity, promotion, marketing or other activities, any name, trade name, trade or service mark or any other designation of AT&T, its licensors, or suppliers, including any contraction, abbreviation or simulation of any kind of the foregoing, unless specifically authorized in writing, and in advance, by AT&T, its licensors, or suppliers.
International Use. AT&T controls and operates the M2X Site from its offices in the United States of America. AT&T does not represent that Your Data or the Content accessible via the M2X Site is appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. If You access or use such Content from such locations, You are acting on Your own initiative, and AT&T is not responsible for Your compliance with local laws or other applicable legal or regulatory restrictions. You agree that You will not access or use the M2X Site, Your Data or Content where prohibited by applicable law, rule or regulation. 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 M2X Site or Content for any purposes prohibited by United States law.
Governing Law. The laws of the State of Texas, excluding its conflicts-of-law rules, shall govern this Agreement and Your use of the M2X Site, Your Data and Content. You agree that any claim or dispute with AT&T relating in any way to Your use of the M2X Site, Your Data or Content shall be commenced and heard in the state or federal courts of the State of Texas, County of Dallas, and You agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas, in connection with any such dispute. You and AT&T agree that any cause of action arising out of or related to or use of the M2X Site or Content must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply in all situations.
Miscellaneous. AT&T’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by AT&T in writing. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.