AT&T Smart Home Manager

Terms of Service and End User License Agreement

AT&T licenses the Smart Home Manager application (the “Application” or “App”) to
You, conditioned upon your acceptance of this End User License Agreement
(“Agreement” or “License”) for use with your AT&T Internet and/or AT&T Fiber home
Internet Service.

BY CLICKING “I AGREE” OR “ACCEPT”, OR BY DOWNLOADING, INSTALLING OR USING THIS APP,

YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO
ITS TERMS; (B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACKNOWLEDGE
THAT IN NO EVENT IS THIS APP TO BE USED BY PERSONS UNDER THE AGE OF 13; (D) AGREE
TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY,
http://www.att.com/legal/terms.aup.html, (E) AGREE TO TERMS OF THE AT&T PRIVACY
POLICY, http://www.att.com/gen/privacy-policy?pid=2506, AND (E) AGREE TO THE TERMS
OF THE MOST CURRENT AT&T WIRELESS CUSTOMER AGREEMENT,
http://www.att.com/legal/terms.wirelessCustomerAgreement-list.html (“WCA”), WHICH
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER
THAN JURY TRIALS OR CLASS ACTIONS, FULLY APPLIES TO YOUR USE OF THIS APP. IN THE
EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE WCA, THE APPLICABLE PROVISION OF
THE WCA SHALL CONTROL.

If at any time after reviewing or using the App You wish to terminate such use or
this License, You must un-install and remove the App from Your Device, and delete
any copy in Your possession. This License will automatically terminate if You are
not, or are no longer, an AT&T subscriber subject to the terms of the WCA.

1. DEFINITIONS: (a) “AT&T,” “We,” “Our” and “Us” mean the AT&T company
providing your Internet Service (which may be any of the following: AT&T Internet
Services, Southwestern Bell Telephone, L.P., Pacific Bell Telephone Company,
Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated,
Michigan Bell Telephone Company, Nevada Bell Telephone Company, The Ohio Bell
Telephone Company, Wisconsin Bell, Inc., and Bellsouth Telecommunications, Inc.)
and its parents, subsidiaries, affiliates, agents, employees, successors and
assigns; (b) “App” means the Smart Home Manager App, any website, software, content
or services provided in connection with the App, and any updates to these items;
(c) “You,” “Your” and “Licensee” mean an individual who downloads or uses the App
and any person or entity represented by that individual.

2. THE APP: The App allows You to manage your AT&T Internet and/or AT&T
Fiber enabled in home Wi-Fi network, including viewing what devices are connected
to your network and changing your Wi-Fi network name and password. Voice, data and
messaging rates may apply when You use this App.

3. LICENSE GRANT AND USE RESTRICTIONS.

3.1 License Grant. Subject to the restrictions set forth in Section

3.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable,
limited right to install and use one copy of the App on a single device owned and
controlled by You (“Device”), and to access and use the App on such Device,
strictly in accordance with the terms and conditions of this License, and all
applicable local, national, and international laws and regulations.

3.2 Restrictions on Use. You shall not: (a) decompile, reverse

engineer, disassemble, attempt to derive the source code of, or decrypt the App,
for any purpose; (b) modify, adapt, improve, or create any derivative work from the
App; (c) violate any applicable laws, rules or regulations in connection with Your
access or use of the App; (d) remove, alter or obscure any proprietary notice
(including any notice of copyright or trademark) of AT&T or its collaborators,
suppliers or licensors; (e) use the App in a manner that derives revenue directly
from such use, or use the App for any other purpose for which it is not designed or
intended; (f) install, use or permit the App to exist on more than one Device at a
time or on any other mobile device or computer; (g) distribute the App to multiple
Devices; (h) make the App available over a network or other environment permitting
access or use by multiple Devices or users at the same time; (i) use the App 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; (j) use the App to send automated queries to any website or to
send any unsolicited commercial e-mail; (k) 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 Apps, accessories or
devices for use with the App; (l) circumvent, disable or tamper with any security-
related components or other protective measures applicable to the App or the Device
or (m) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange,
modify, broadcast, synchronize, publicly perform, publish, publicly display, make
available to third parties, transfer or circulate the App. You agree to abide by
the rules and policies established from time to time by AT&T. Such rules and
policies may include, for example, required or automated updates, modifications,
and/or reinstallations of the Application and obtaining available patches to
address security, interoperability, or performance issues. These obligations
survive termination of this License.

4. INTELLECTUAL PROPERTY RIGHTS.

4.1 Rights to App. The App (including its source and object code), any
copies thereof (whether or not present on Your Device), and all copyrights,
patents, trademarks, trade secrets and other intellectual property rights
associated therewith are, and shall remain, the property of AT&T or its
collaborators, licensors, or suppliers. The source and object code of the App are
the proprietary and confidential information of AT&T and its collaborators,
licensors and suppliers. The App is licensed, not sold, to You. Title to the App
shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers
reserve the right to change, suspend, terminate, remove, impose limits on the use
of or access to, disable access to, or require the return of the App (or any copy
thereof) at any time without notice and will have no liability for doing so.
Except as expressly stated in this License, You are not granted any intellectual
property rights in or to the App by implication, estoppel or other legal theory,
and all rights in and to the App not expressly granted in this License are hereby
reserved and retained by AT&T. These obligations survive termination of this
License.

4.2 AT&T Marks. 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: “AT&T,” “AT&T
Internet,” “AT&T Fiber” and “Smart Home Manager” (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. These obligations survive termination of this License.

5. 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, disable the App, or suspend or terminate this License and the rights
afforded to You hereunder, with or without prior notice or other action by AT&T.
Upon the termination of this License, You shall cease all use of the App and
uninstall the App. AT&T will not be liable to You or any third party for
compensation, indemnity, or damages of any sort as a result of terminating this
License in accordance with its terms, and termination of this License will be
without prejudice to any other right or remedy AT&T may have, now or in the future.
These obligations survive termination of this License.

6. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APP,

INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS
IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP IS AT
YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS
COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS,
WARRANTIES AND GUARANTIES REGARDING THE APP, WHETHER ORAL, EXPRESS, IMPLIED OR
STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF
DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE,
AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS
COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP WILL MEET
YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY,
SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR
OBTAINED BY YOU THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS;
OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED.
YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR
ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR
INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.
AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP
WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF
HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE 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 DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR
DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU
ACKNOWLEDGE AND AGREE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND
THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR
ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR
INTEROPERABILITY PROBLEMS. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 6
SHALL SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE
WCA MAY PROVIDE LIMITED REMEDIES TO YOU.

7. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW,

UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR
THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY
DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR
RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR
YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE
DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
AT&T’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR
OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY
YOU FOR THE APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP DURING THE
ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS LICENSE.

8. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T

and its collaborators, suppliers and licensors, and their 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, in
connection with or related to the following: (i) Your access to or use of the App
or Third Party Content and Services; (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. You will promptly notify AT&T in writing of any
third-party claim arising out of or in connection with Your access to or use of the
App. These obligations survive termination of this License.

9. MISCELLANEOUS. The following provisions survive termination of this

License:

9.1 Governing Law, Limitation on Actions. This License shall be

deemed to take place in the State of New York and shall be governed by and
construed in accordance with the laws of the State of New York, excluding its
conflicts of law principles. 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. To the maximum extent permitted by
applicable law, You and AT&T agree that any cause of action arising out of or
relating to this License, the Application or Your use of the App must commence
within one (1) year after the applicable cause of action accrues in accordance with
the dispute resolution provision of the WCA. Otherwise, such cause of action is
permanently barred. This Section 9.1 is not intended to and does not alter any
provisions of the WCA.

9.2 Contact Information. You may reach AT&T Customer Service by

dialing 611 from Your Device if You are an AT&T Wireless service subscriber or 1-
800-331-0500 or visit http://www.att.com/myatt .

9.3 Severability. If any provision of this License is held to be

invalid or unenforceable, the remaining provisions shall not be affected and shall
remain valid and enforceable to the fullest extent permitted by law.

9.4 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.

9.5 Export Control; Lawful Use. You may not export or re-export the
App except as authorized by United States law and the laws of the jurisdiction(s)
in which the App was obtained. You represent and warrant that You are not located
and will not use the App in any country that is (a) 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 may not use the App in any manner or for any purpose prohibited (a) by United
States law, regardless of where You use the App, or (b) by local law, in the
jurisdiction(s) in which You use the App.

9.6 Performance or Benchmark Testing. You may not disclose the results
of any benchmark test using the App to any third party without AT&T’s prior written
approval.

9.7 Modification or Amendment. To the extent not prohibited by law,

AT&T may modify or amend the terms of this License at any time, with or without
direct notice to You, by posting a copy of the modified or amended License
available through the App or at att.com. You will be deemed to have agreed to any
such modification or amendment by Your decision to continue using the App following
the date in which the modified or amended License is made available through the App
or the referenced website.

9.8 Survival. Any provisions of this License which by their express

language or by their context are intended to survive the termination of this
License shall survive such termination.

9.9 Third Party Beneficiaries. Except as explicitly provided in this

License or in incorporated agreements, nothing contained 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.

9.10 No Transfer by You. Any attempted transfer by You in contravention

of this License shall be null and void. These obligations survive termination of
this License. AT&T may assign this License without restriction.

9.11 DMCA Copyright Notifications. You may send AT&T a valid notification
of claimed copyright infringement under the Digital Millennium Copyright Act
(“DMCA”). AT&T’s designated agent to receive notifications of claimed infringement
as described in DMCA subsection 512(c)(3) is:

Manager of Security & Copyright Infringement,

1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
E-mail: copyright@att.com

For further information, see https://www.att.com/legal/terms.dmca.html

9.12 Entire Agreement. This License including the documents incorporated

herein by reference constitute the entire agreement with respect to the use of the
App licensed hereunder and supersedes all prior or contemporaneous understandings
regarding such subject matter. Internet Services provided by AT&T, and any use of
the App in connection therewith, are subject to the AT&T Internet Terms of Service,
available at https://www.att.com/legal/terms.internetAttTermsOfService.html.