User Agreement

END-USER LICENSE AGREEMENT

 

This End-User License Agreement (“Agreement”) is entered into by and between AT Company, Inc. a Delaware corporation (“Company”) and the user. 

1. SCOPE OF LICENSE.

Company grants you a non-transferable license to use the Licensed Application on any computer, tablet, mobile device or other similar equipment (“Device”) that you own or control.  The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Company that replace or supplement the original Licensed Application.  You may not distribute or make the License Application available over a network where it could be used by multiple devices at the same time.  You may not transfer, redistribute or sublicense the Licensed Application and, if you sell or otherwise transfer you Device to a third party, you must remove the Licensed Application from the Device before doing so.

1. INTELLECTUAL PROPERTY.

You agree that the Licensed Application, Company website, and all services provided by the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property.  You agree that the Company owns all right, title and interest in and to the Company Intellectual Property and that you will not use the Company Intellectual Property for any unlawful or infringing purpose.  You agree not to reproduce or distribute the Company Intellectual Property in any manner without express consent of the Company.

 

1. REVERSE ENGINEERING.

You may not copy (except as permitted by the license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any party thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). 

1. CONSENT TO USE OF DATA.

You agree that Company may collect and use technical data and related information, including, but not limited to, technical information about your Device, system and application software, and peripherals that is gathered periodically to facilitate the provision of application updates, product support, and other services to you (if any) related to the Licensed Application.  Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

1. OTHER APPLICATIONS.

 

                Customer understands and acknowledges that, in the course of using the Licensed Application, Customer will have the ability to access other third-party applications, which may include or create data regarding Customer. By accessing such applications, Customer hereby gives Company access to all such data, and Customer hereby authorizes Company to use such data, subject only to Company’s agreement in Paragraph D not to disseminate any personal information of Customer.

 

1. TERM.

This Agreement, or any enhanced version of such Agreement, will remain effective, subject to Customer’s acceptance from time to time.  Customer’s rights under this Agreement will terminate automatically if it fails to agree to the terms of acceptance required for this or any subsequent version of the Agreement or fails to comply with any of its terms.

1. MAINTENANCE.

This Agreement includes Company’s duty to provide Licensed Application maintenance and support.

1. EXTERNAL SERVICES.

This Licensed Application may enable access to Company’s and/or third-party services and websites (collectively and individually, “External Services”).  You agree to use the External Services at your sole risk.  Company is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including, but not limited to, financial, medical, and location information, is for general informational purposes only and is not guaranteed by Company or its agents.  You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Company or any third-party.  You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Company is not responsible for any such use.  External Services may not be available in all languages and may not be appropriate or available for use in any particular location.  To the extent you choose to use such External Services, you are solely responsible for compliance with all applicable laws.  Company reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

1.  NO WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVICED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  SOME JURISDICITIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

1. LIMITATION OF LIABLITY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

1. INDEMNIFICATION.

Customer agrees to indemnify and hold harmless the Company and its affiliates against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to Customer’s use or misuse of the Licensed Application, breach of this Agreement or conduct or actions.  In the event of any legal claim, or demand, Company shall be able to select its own counsel and may participate in its own defense, if the Company desires.

1. SPAM POLICY.

Customer is strictly prohibited from using the License Application or any of the Company’s services for illegal spam activities, including gathering e-mail addresses and personal information from others or sending any mass-commercial e-mails.

1. JURISDICTION; APPLICABLE LAW.

This Agreement shall be governed by the laws of the State of Illinois, and any action to enforce this Agreement shall be brought in a federal or state court of competent jurisdiction in the State of Illinois. 

1. NO PARTNERSHIP OR JOINT VENTURE.

Nothing agreed to hereunder shall be deemed to create a partnership, joint venture or agency between Company and Customer.

1. FORCE MAJEURE.

Nonperformance by Company shall be excused by the Customer under any theory of liability to the extent that Company’s performance is rendered impossible due to Force Majeure.  “Force Majeure” means any cause or event beyond the reasonable control of Company and not due to the fault or negligence of Company and which could not have been avoided or overcome by due diligence and use of reasonable efforts, including acts of God, flood, tornado, hurricane, vandalism, riots, explosions,  terrorism, civil disturbance, war , or any restraint or restriction imposed by applicable law which by exercise of due diligence and in compliance with applicable law Company could not reasonably have been expected to avoid and to the extent which, by exercise of due diligence and in compliance with applicable law, has been unable to overcome.

1. BINDING EFFECT; MODIFICATION.

This Agreement shall be binding on the parties, their successors and assigns, and no assignment shall be effective without the written agreement of both parties.  This Agreement may be signed via electronic signature upon proof of sending.  No modification of this Agreement shall be effective unless signed by both parties hereto.

BY CHOOSING “I AGREE” AT THE BOTTOM OF THIS AGREEMENT, CUTOMER HEREBY ACCEPTS ALL TERMS HEREIN.