TRIAL FOR AT&T CONNECT® INTEGRATED EDITION
By clicking “Start Your Trial” You represent and warranting that:
(a) all information submitted during this online AT&T Connect Integrated Edition Trial formation and fulfillment process is complete and accurate; and,
(b) You have read and understands all of the terms and conditions of this AT&T Connect Integrated Edition Trial (“Agreement”), including, without limitation the AT&T End User License Agreement which applies to the AT&T Services purchased under this agreement, and those terms and conditions as provided in the Service Guide located at http://serviceguidenew.att.com , which may be modified from time to time and are incorporated herein by reference. The EULA and Service Guide are referred to by AT&T in this Agreement and elsewhere in the AT&T website as “Service Publications”; and,
(c) You agree to be bound by this Agreement for as long as You use or subscribe to the Service; and,
(d) You are authorized to accept the Agreement on behalf of Customer, and, by clicking “Start Your Trial, You agree that: (i) Customer intends to form a legally binding contract with AT&T and you are authorized to enter into this Agreement on behalf of Customer; and, (ii) if You are not so authorized, or if any information You provided is false, You will be personally and primarily responsible for, and guarantee payment and performance under the Agreement jointly and severally with Customer.
Please read the entire Agreement carefully. AT&T RECOMMENDS THAT CUSTOMER PRINT A COPY OF THE ENTIRE AGREEMENT AND MAINTAIN THE AGREEMENT FOR ITS RECORDS.
1. TRIAL OFFER AND TERMS AND CONDITIONS
Not all features of the Service will be available to You during the Trial. The Service available to You will include use of the AT&T Connect Integrated Edition web application for up to twenty-rive (25) participants; use of the Call Me feature, support for VoIP conferencing, and the ability to conduct web conferences, which includes recording, file sharing, web tours, use of emoticons, sending of notes and polling. The Service shall be access and used only in the United States. You shall remain responsible for all charges imposed upon You by Your telecommunications services provider to access the Service.
The Vendor Software below (including the Participant Application and any software provided by a third party) used with the Service will be governed by the written terms and conditions applicable to such software. By downloading and using the Vendor Software, You agree its use of the Service is subject to the terms associated with the Vendor Software. Title to software remains with AT&T or its supplier. You must comply with all such terms and conditions and they take precedence over this Agreement as to such software. By using the Service during the Trial, You hereby consent to all terms and conditions pertaining to the software. Any rights to use, or any license to, the software terminate upon termination or cancellation of the Service.
Vendor Software License Agreement
AT&T Connect End User License Agreement (“EULA”)
Third Party Terms of Service
2. TERMINATION/CANCELLATION OF TRIAL/SUSCRIBING TO THE SERVICE
The Trial term shall commence when you install the application and shall continue for thirty (30) days unless terminated as required by either party to comply with applicable law, regulation or lawful order. You have the right to cancel the Trial at any time. In order to cancel the Trial, you must cancel the Service via the hyperlink provided to You in the Welcome email and follow the procedures set forth there. Upon cancellation, You will no longer have access to the Service and You agree to delete all copies of the Participant Application in your possession or control.
At the conclusion of the Trial, You may subscribe to the Service on a month-to-month basis under the Cost Per Minute Model, as more fully described in the Service Guide located at att.com/servicepublications; by subscribing to and using the service beyond the expiration of the Trial, You agree to the terms of the AT&T Business Services Agreement (“BSA”), as well as all documents incorporated therein by reference, which may be found at att.com/servicepublications;
You agree to pay for the service at AT&T’s then effective standard rates for the Service, unless AT&T determines, in its own judgment, to offer You any promotional or discounted rate; and You agree to continue to comply with the terms of the EULAs.
Upon cancellation or conclusion of the Trial, this Agreement shall terminate, except for the terms of the EULA, which shall remain in full force and effect.
Each party is responsible for complying with the privacy laws to which they are subject and will not disclose any confidential information pertaining to the other unless required to do so under applicable law or regulation. Until directed otherwise by You in writing, if AT&T designates a AT&T and CUSTOMER CONFIDENTIAL INFORMATION dedicated account representative as Your primary contact with AT&T, You authorize that representative to discuss and disclose Your customer proprietary network information to any employee or agent of Yours without a need for further authentication or authorization.
4. WARRANTY EXCLUSION
YOU UNDERSTAND THAT THE TRIAL SERVICE IS OFFERED ON AN "AS IS" BASIS. AT&T MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION, EXPRESS OR IMPLIED, RELATING TO THE RELIABILITY, EFFECTIVENESS, ACCURACY, COMPLETENESS, PERFORMANCE, OR OPERATION OF THE TRIAL, THE SERVICE, OR OF THE EQUIPMENT AND SERVICES FURNISHED TO YOU FOR PURPOSES OF THE SERVICE OR THE TRIAL, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
You also understand that AT&T does not guarantee that the Service will not cause interruptions in or interference with Your communications services. Credits for any service outages shall be determined solely in accordance with the terms under which such other services are offered, either by AT&T or by any other service provider.
5. LIMITATION OF LIABILITY
THE TRIAL IS CONDUCTED SOLELY FOR YOUR BENEFIT AND CONVENIENCE. YOU SHALL NOT BE ENTITLED TO DAMAGES, INCLUDING WITHOUT LIMITATION ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, ON ACCOUNT OF ANY ACT OR OMISSION OF AT&T RELATED IN ANY WAY: TO THE TRIAL; TO THE SERVICE; TO EQUIPMENT OR SERVICES PROVIDED TO THE YOU FOR PURPOSES OF THE TRIAL OR OF THE SERVICE; OR TO THIS AGREEMENT. THIS SECTION SHALL APPLY (i) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND, WHETHER ACTIVE OR PASSIVE) OR OTHERWISE, AND (ii) WHETHER OR NOT DAMAGES WERE FORESEEABLE. However, nothing in this Section shall limit AT&T's liability to You: (i) in tort for its willful or intentional misconduct or (ii) for damages to real or tangible personal property or for bodily injury or death proximately caused by AT&T's negligence.
As used in this Section 5, "AT&T" and "You" shall be deemed to include parents, subsidiaries, and affiliates, and the directors, officers, employees, agents, representatives, and subcontractors of all of them.
6. FORCE MAJEURE
Neither party nor its affiliates, subsidiaries, subcontractors, parent corporation or any of its parent's affiliates or subsidiaries shall be liable in any way for delay, failure in performance, loss or damage due to any of the following force majeure conditions: fire, strike, embargo, explosion, power blackout, earthquake, flood, war, labor disputes, civil or military authority, acts of God or the public enemy, inability to secure raw materials, acts or omissions of other carriers or suppliers, or other causes beyond its reasonable control, whether or not similar to the foregoing.
Neither party may assign or transfer or attempt to assign or transfer any part or all of this Agreement, or any of its rights or obligations hereunder, without the prior written consent of the other party, except that AT&T may assign this Agreement to its parent, any subsidiary, or any affiliate.
8. CHOICE OF LAW AND VENUE
The construction, interpretation and performance of this Agreement shall be governed by the laws of the State of New York without giving effect to its choice of law rules. The exclusive jurisdiction and venue for any dispute under this agreement shall be a court of competent jurisdiction located in the State of New York.
9. ENTIRE AGREEMENT
The terms and conditions of this Agreement shall constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and shall supersede all prior, written or oral agreements, proposals or understandings. This Agreement shall not be modified, altered, changed or amended in any respect, except by a writing signed by an authorized representative of each party.
Neither party shall use the name or logo of the other party in any advertising or publicity related to this Agreement or its subject matter without the express written consent of the other party.
You shall comply with import and export control laws, conventions and regulations for all equipment, software, or technical information You move or transmit between countries using the Services.
12. COMPLIANCE WITH LAWS
You shall comply with the authorizations, licenses and permissions required by the law in the country in which the Service is used in respect to Your use of the Service. You shall notify and obtain and remain in compliance with end user consents, authorizations, and permissions to the monitoring, filtering and/or interception of end user e-mail, instant messages or other communications, and/or the processing of personal data in connection with the Service. Accordingly, in addition to Your other indemnity obligations under the Agreement, You shall defend, indemnify, and hold harmless AT&T, AT&T Affiliates, and their respective agents, directors, employees, and officers for any claim arising out of or relating to a failure to notify, obtain or comply with any consent, authorization, or permission to monitor, filter and/or intercept end user use or process personal data in connection with the Service.