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Subject to the terms and conditions of this Agreement, AT&T grants
you a royalty-free, non-exclusive, non-transferable right to use the Software
as follows in all countries except for those noted in Paragraph 4 of this
Agreement: You may (i) make copies of the Software incident and necessary
to your installation of the Software on the hard disk drive of your computer,
(ii) use the Software for your own personal use on such computer, (iii)
make an archival copy of the Software as provided below in Paragraph 2,
and (iv) distribute in its entirety without alteration of any kind, the
installation program for the Software which you downloaded from the AT&T
internet web site.
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You may make a single archive copy of the Software, provided that, such
archive copy shall contain the same copyright notice and any proprietary
markings appearing on the original Software. You shall not de-compile,
reverse engineer or disassemble any computer programs included with the
Software.
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The Software is protected by copyright law and is the sole and exclusive
property of AT&T. No ownership interest in the Software is transferred
to you. You may not assign, transfer or sublicense your rights under this
Agreement.
- The parties acknowledge that the software and technical information
(including but not limited to, services and training) provided under this
agreement are subject to U.S. export laws and regulations and any use or
transfer of such products, software and technical information must be authorized
under those regulations (U.S. Export Administration Regulations, 15CFR).
The parties agree that they will not use, distribute, transfer or transmit
the software or technical information (even if incorporated into other
products) except in compliance with U.S. export regulations.
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AT&T has no obligation to support or maintain the Software and grants
you this right to use the Software "AS IS". YOU
ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SOFTWARE. AT&T DOES
NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY
EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR
ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING,
WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS
FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE
OR NON-INFRINGEMENT.
IN NO EVENT SHALL AT&T BE LIABLE FOR
(i) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE,
EVEN IF AT&T OR ANY OF ITS AUTHORIZED
REPRESENTATIVES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, (ii) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SOFTWARE, OR
(iii) ANY CLAIM BY ANY
THIRD PARTY.
YOU AGREE THAT YOUR SOLE REMEDY AGAINST AT&T FOR LOSS OR
DAMAGE
CAUSED BY ANY DEFECT OR FAILURE IN THE SOFTWARE
REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR
TORT, INCLUDING NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE,
SHALL BE THE REPLACEMENT OF THE SOFTWARE.
As used in this Paragraph 5, "AT&T" includes its affiliated companies
and its and their employees, directors, officers, agents, representatives,
subcontractors, service providers and suppliers.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES,
AT&T'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED
BY LAW.
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This Agreement and the rights granted to you shall terminate automatically
if you fail to comply with any of the terms and conditions of this Agreement.
Upon termination, you shall destroy all copies of the Software.
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This Agreement shall be governed by and construed in accordance with the
laws of the State of New York, USA, applicable to agreements made and to
be performed wholly therein without regard to its conflicts of law rules.
You agree that any legal action or proceeding between AT&T and you
for any purpose concerning this Agreement or the obligations hereunder
shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in New York. Any cause of action or claim you may have with respect
to the Software must be brought within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred. AT&T's
failure to insist upon or enforce strict performance of any provision of
this Agreement is not a waiver of any provision or right.