Contoso Commercial Trial for TT Application - Terms of Service

Contoso Services, Inc., on behalf of itself and its Affiliates, licenses the Contoso Commercial Trial for TT application (the "App") to You, conditioned upon your acceptance of these Terms of Service ("Agreement" or "License").

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 Contoso ACCEPTABLE USE POLICY, http://www.contoso.com/legal/terms.aup.html, AND (E) AGREE TO THE TERMS OF THE MOST CURRENT Contoso WIRELESS CUSTOMER AGREEMENT, http://www.contoso.com/legal/terms.wirelessCustomerAgreement-list.html ("WCA"), WHICH, AMONG OTHER THINGS, FULLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND 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 Contoso subscriber subject to the terms of the WCA.

1. DEFINITIONS: (a) "Contoso," "We," "Our" and "Us" mean Contoso Services, Inc. and its subsidiaries, affiliates, agents, employees, successors and assigns; (b) the Contoso Research Initiative is the implementation and testing of the Contoso commercial trial for TT application, and any website, software, content or services provided in connection with the App, and any updates to these items, as further described in Section 2 below; (c) "You" and "Your" mean an individual who downloads or uses the App and any person or entity represented by that individual.

2. Contoso RESEARCH INITIATIVE AND THE APP: The Contoso Research Initiative and this App allow You to help shape the future of entertainment by engaging in an interactive App environment whereby You provide input on experiments that involve things like entertainment and content development, branding initiatives, and product offers. Voice, data and messaging rates may apply when You use this App. As part of the Contoso Research Initiative, the data collected and used by Contoso will include data generated through your interaction with this App and by Your Devices and by the use of Contoso products and services on your account. By opting in to the Contoso Research Initiative you agree to the specific terms in this Agreement.

2.1 Information Sharing and Consent. Your information collected from your interaction with this App and through the Contoso Research Initiative may be shared with Contoso, its affiliates and the Painted Dog, Inc. d/b/a TT for the purpose of facilitating the Contoso Research Initiative. By downloading and using the App, You hereby consent to the sharing of such information with these parties.

2.2 Content. By using this App, You acknowledge that some of the content presented may be unsuitable for all viewers. You may have access to some content that is sexually explicit, offensive, violent, contains inappropriate language, or is otherwise unsuitable or objectionable, especially to children between the ages of 13 and 18. Children under 13 are not permitted to use this App, and You, or a parent or legal guardian, agree to supervise any use by children between 13 and 18.

2.3 Children. The App is not available to persons under the age of 13. If You are between the ages of 13 and 18 (or between 13 and the age of legal majority in your place of residence), You may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. By downloading, installing, or otherwise using this App You represent that you are at least 13 years of age and have not been previously prohibited from receiving the services provided by the App.

2.4 Effect of Your Participation in the Contoso Research Initiative and Terminating Your Participation. If you choose not to participate in the Contoso Research Initiative, your choice will not affect your or anyone on your account's ability to use Contoso products and services. The App operates independently of all other elections that you may make for other Contoso products, services, or programs. Your consent to use the App is on a trial basis and will not affect your other choices regarding CPNI, Third-Party Services, External Marketing and Analytics Reports, Do Not Email, Do Not Text, Do Not Call, Do Not Track, and private browsing and cookie settings. Likewise, opting out under any of these other programs will not revoke your consent to the App. For rights, choices and controls you may have regarding use of your information from other Contoso products and services please see http://www.contoso.com/yourchoices. Please note that your consent to the Contoso Research Initiative operates independently of settings on your Device or browser. Using browser controls (like clearing your browser history) or device controls (like turning off your location), is not an effective way to opt out of participation in or the collection of information for the Contoso Research Initiative.

3. LICENSE GRANT AND USE RESTRICTIONS

3.1 License Grant by Contoso. Subject to the restrictions set forth in Section 3.2, Contoso grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use the App on a device owned and controlled by You ("Device") on a trial basis, 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 Contoso 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) 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 Contoso; (g) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (h) use any proprietary information or interfaces of Contoso or other intellectual property of Contoso in the design, development, manufacture, licensing or distribution of any apps, accessories or devices for use with the App; (i) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device or (j) 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 or any content you see or use on the App. You agree to abide by the rules and policies established from time to time by Contoso. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App 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 Contoso or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Contoso and its collaborators, licensors and suppliers. The App is licensed, not sold, to You. Title to the App shall remain with Contoso. Contoso 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 Contoso. These obligations survive termination of this License.

4.2 Contoso 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 Contoso: "Contoso", "AUDIENCE" and "AUDIENCE NETWORK" (the "Contoso Marks"). You are not authorized to use the Contoso Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Contoso, which may be withheld for any or no reason. These obligations survive termination of this License.

4.3 Open Source Software. The App may include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the App is subject to and governed by the terms and conditions of any applicable open source license (the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

5. NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS, CONTENT, AND SERVICES. The App may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties ("Third Party Content and Services"). Your use of Third Party Products, Content, and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD PARTY PRODUCTS, CONTENT, AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. Contoso does not investigate, monitor, represent, endorse or publish the Third Party Products, Content, and Services. Contoso reserves the right to restrict or deny access to any Third Party Products, Content, and Services otherwise accessible through the App. Contoso shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third Party Products, Content, and Services.

5.1 User-Submitted Content. The App may contain features that allow You to submit, post or display content through the App. You agree not to use or allow others to use the App, directly or indirectly through Your Device or wireless number in a way that violates Contoso's Acceptable Use Policy. You are solely responsible for any liability arising out of any user-submitted content.

5.2 License Grant by You. If You provide content through the App ("User Submission"), You grant Contoso a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You. You also hereby waive any moral rights in Your User Submission. Contoso may remove Your User Submission at any time in its sole discretion. Contoso is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant Contoso all of the license rights granted herein.

6. TERM AND TERMINATION. This License shall be effective until terminated. Contoso 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 Contoso. Upon the termination of this License, You shall cease all use of the App and uninstall the App. Contoso 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 Contoso may have, now or in the future. These obligations survive termination of this License.

7. 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, Contoso 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, Contoso 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. Contoso 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 Contoso 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 8 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.

8. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL Contoso, 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, Contoso'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 Contoso 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 SHALL SURVIVE TERMINATION OF THIS LICENSE.

9. INDEMNIFICATION. You shall indemnify, defend and hold harmless Contoso 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 Products, 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 Contoso 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.

10. MISCELLANEOUS. The following provisions survive termination of this License:

10.1 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 Contoso agree that any cause of action arising out of or relating to this License, the App 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 is not intended to and does not alter any provisions of the WCA.

10.2 Contact Information. You may reach Contoso Customer Service by dialing 611 from Your Device if You are an Contoso Wireless service subscriber or 1-800-331-0500 or visit http://www.contoso.com/myatt

10.3 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.

10.4 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.

10.5 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.

10.6 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the App to any third party without Contoso's prior written approval.

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

10.8 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.

10.9 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.

10.10 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. Contoso may assign this License without restriction.

10.11 DMCA Copyright Notifications. You may send Contoso a valid notification of claimed copyright infringement under the Digital Millennium Copyright Act ("DMCA"). Contoso'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: [email protected]

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

10.12 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.

List of Open Source Software

In accordance with Section 4.3 above, the following is a list of Open Source software, and a link to the associated Open Source Terms, included in this App.

• jQuery: MIT License - https://www.tldrlegal.com/l/mit
• Play Framework: Apache 2 License - https://www.apache.org/licenses/LICENSE-2.0.html
• Video.js: https://github.com/videojs/video.js/blob/master/LICENSE