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AT&T CONNECTECH® PC SCAN TERMS OF SERVICE AND
END USER LICENSE AGREEMENT

PLEASE READ THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT ("LICENSE" OR "AGREEMENT") CAREFULLY BEFORE CLICKING THE "I AGREE" BUTTON OR DOWNLOADING OR USING THE AT&T CONNECTECH® PC SCAN APPLICATION ("APPLICATION") ACCOMPANYING THIS LICENSE. BY CLICKING THE "I AGREE" BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, AS WELL AS THE TERMS OF THE AT&T PRIVACY POLICY LOCATED AT HTTP://WWW.ATT.COM/GEN/PRIVACY-POLICY?PID=2506, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.

FOR PURPOSES OF THIS LICENSE, "AT&T" AND "COMPANY" MEANSSBC INTERNET SERVICES, INC. D/B/A AT&T INTERNET SERVICES. OR THOSE OF ITS AFFILIATES THAT OWN, HAVE ANY INTEREST IN, OR HAVE THE RIGHT TO LICENSE THE APPLICATION. "YOU," "YOUR,"AND "USER" MEANS THE INDIVIDUAL PERSON OR THAT PERSON'S AGENT OR AUTHORIZED USER THAT DOWNLOADS OR USES THE APPLICATION.

THE CONTENTS OF THIS LICENSE SHOULD BE READ IN FULL BEFORE YOU DOWNLOAD, INSTALL, OR USE THE ` AND BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS MENTIONED HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD, INSTALL, OR USE THE APPLICATION.

1. APPLICATION

The Application is a downloadable software program that allows an initial diagnostic scan of compatible personal computers to identify software or hardware issues that might be impacting computer performance, usability, or stability.

To use or run this Application, You will be required to download and access (or will have to allow the Company's representative, supplier, or contractor to download and access) certain third party tools or applications, affiliated or not affiliated to the Company ("Third Party Tools"). Your access or use of such Third Party Tools shall be solely governed by the terms and conditions of the respective end user license agreements that you will be required to sign up during use of such Third Party Tools.

2. GENERAL

The Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. The term "Application" shall refer to and consist of the following: (i) the PC SCAN software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i).

3. GRANT OF LICENSE.

Company hereby grants to you a revocable, non-exclusive, non-transferable limited license (the "License") to install and use the Application for your own personal non-commercial usage on a compatible personal computer owned and controlled by You ("Device"), and to access and use the Application on such Device strictly in accordance with the terms and conditions of this License.



4. SCOPE OF USE.

Under this License, You are allowed to install and use the Application on a single Device that is used for personal, non-commercial purposes. For the avoidance of doubt, the License permits residential use, but does not permit business or commercial usage of any type.

In addition, You shall not, nor permit any party to: (i) use the Application for the benefit of any third party, including without limitation, in an outsourcing or other arrangement, or in the operation of a revenue-generating endeavor or commercial operation; (ii) sell, lease, sublicense, distribute, or otherwise transfer the Application to any person, firm, or entity; (iii) translate, decompile, create or attempt to create, by reverse engineering or otherwise, the source code from any object code supplied hereunder; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its affiliates or suppliers; (v) violate any applicable laws, rules or regulations in connection with Your downloading, installing, and use of the Application; (vi)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; (vii) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (viii) 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 programs, accessories, or devices for use with the Application; (ix) use any portion or portions of the Application independently of the Application. Furthermore, You are expressly prohibited from making, or permitting another person or entity on your behalf to make, make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application or any portion thereof.

5. INTELLECTUAL PROPERTY RIGHTS.

5.1 Rights to Application. This is a license agreement and NOT an agreement for sale.
The Application, and all worldwide Intellectual Property Rights that are embodied in, related to, or represented by, the Application are, and at all times will be, the sole and exclusive property of the Company, its affiliates, or its licensors or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company, its affiliates, or its licensors or suppliers. For purposes of this Agreement, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. No title to the Application, or any intellectual property therein, is transferred to you by grant of this license or by implication, estoppels, 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. You will comply in all respects with the confidentiality, ownership, and use provisions of this Agreement with regard to the Application.

5.2 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 or its affiliates: "AT&T" and "AT&T ConnecTech" or any successor marks (the "AT&T Marks"). You 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.

5.3 Infringement Acknowledgement. You and AT&T acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party's intellectual property rights, You (and not AT&T) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement made against You. You will, however, promptly notify AT&T in writing of such a claim.

6. RESTRICTION ON TRANSFER.

You may not rent, lease, lend, sublicense or transfer the Application, this License, or any of the rights granted this License. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

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, suspend, or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.

8. DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THE FUNCTIONS OR SERVICES PERFORMED BY THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHERMORE, AT&T AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION AND THE FUNCTIONS OR SERVICES PERFORMED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THE FUNCTIONS OR SERVICES PERFORMED BY THE APPLICATION WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

9. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXAMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL BE LIMITED TO YOUR DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

For the avoidance of doubt, the Company shall not be liable for any loss of data from the caused by the Applicationor resulting from running the Application on a Device. It shall be Your sole responsibility to ensure proper back-up of all data before loading the Application on Your Device. Furthermore, it is Your sole responsibility to isolate software and information, execute anti-contamination software, and otherwise take steps to ensure Your Device is protected and to mitigate the potential corruption of Your data or Device resulting from the Application or otherwise.

10. INDEMNIFICATION

You shall indemnify, defend and hold harmless AT&T and its affiliates, suppliers, and licensors, and each of their respective 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 or in connection with the following: (i) Your access to or use of the Application; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any Intellectual Property Rights or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive for three (3) years after any termination of the License.

11. MINIMUM SYSTEM REQUIREMENTS AND COMPATIBILITY

The minimum system requirements to run the Application include: Microsoft Windows XP/Vista; 1 GHz CPU; CPU Usage <60%; 128 MB RAM; 500MB free HD space; Internet Explore 6 or newer; and an active broadband Internet service. Further information about the Application and AT&T ConnecTech services may be found at pcscan.att.comor att.com/connecTech. AT&T does not warrant that the Application will be compatible or interoperable with Your Device or any other piece of hardware, software, or equipment 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 the damage to Your Device, loss of the data located on Your Device, and corruption of the software and files located on Your Device. Without limiting any other provisions of this License, You acknowledge and agree that AT&T and its affiliates, suppliers, and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

12. THIRD PARTY CLAIMS.

The Company shall not be liable for any damages or expenses: (i) incurred by you as a result of or in connection with any deficiency in the Application which the Company is not required to correct; or (ii) caused by any delay in the performance of any of the Company's obligations hereunder due to any cause beyond the reasonable control of the Company and the time for performance of any such obligation shall be extended for a period equal to the number of days during which performance thereof is so delayed.

13. CONFIDENTIALITY.

You acknowledge and agree that the Application may contain proprietary trade secrets and confidential information of the Company (the "Confidential Information"). You agree to take all steps reasonably necessary to maintain and protect the Confidential Information in the strictest confidence for the benefit of the Company, including by instruction to or agreement with all persons authorized to have access to the Application under this Agreement.

14. GENERAL PROVISIONS.

14.1 Governing Law. This Agreement will be deemed to take place in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas and the courts situated in Dallas County, Texas, shall have the exclusive jurisdiction to the exclusion of all other courts situated elsewhere. 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.

14.2 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 (x) 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 (y) 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 Person's List or Entity List. You also agree that You will not use the Application for any purposes prohibited by any applicable law.

14.3 Severability. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms to the fullest extent permitted by law.

14.4 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.

14.5 Modification or Amendment. AT&T may modify or amend the terms of this License by posting a copy of the modified or amended License at [pccheck.att.com] or such other websites that may be designated by AT&T from time to time. 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 posted by AT&T.

14.6 Survival. The respective obligations of You and AT&T which by their nature would continue beyond termination of this License shall survive termination.

14.7 Third Party Beneficiaries. Nothing 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.

14.8 Assignment. You shall not assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

14.9 Contact Information.Please direct any questions, complaints or claims related to this License or Your use of the Application to the following:
AT&T ConnecTech - PC SCAN
311 S Akard ST
Room 4-A28
Dallas, TX 75202
Attn: PC SCAN Product Management Team

14.10 Entire Agreement. This Agreement constitutes the entire agreement between you and the Company relating to the Application, and supersedes any prior or contemporaneous communications, advertising, or representations concerning the Application.


 
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