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IMPORTANT LEGAL LICENSE: IN ORDER TO ACCESS AT&T COMMUNICATION MANAGER OR CONNECTION MANAGER (HEREINAFTER COLLECTIVELY REFERRED TO AS COMMUNICATION MANAGER)

OR USE THE SOFTWARE YOU MUST BE AT LEAST 18 YEARS OLD. THE SOFTWARE INCLUDES SOFTWARE FROM NEW CINGULAR WIRELESS PCS, LLC (D/B/A AT&T MOBILITY) IS WHOLLY OWNED BY AT&T MOBILITY II, LLC, AND IS A SUBSIDIARY OF AT&T INC. AND REFERRED TO HEREIN AS AT&T). THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM, ON-BOARD WIRELESS DEVICE MEMORY, OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE. IN ORDER TO INSTALL THE SOFTWARE YOU MUST AGREE TO THE FOLLOWING SOFTWARE LICENSE AGREEMENT. THIS SOFTWARE LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. YOUR INSTALLATION OR USE OF THIS SOFTWARE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. This License Agreement is a legal agreement between you (either an individual or a single entity) and AT&T for Communication Manager, which includes computer software and may include associated media, printed materials and online or electronic documentation. 1. This License Agreement applies to all the software installed by this program that AT&T licenses to you, together with each revised or updated version thereof (the "Software"). This License Agreement also applies to AT&Ts liability to you, if any, with respect to any software for which AT&T does not grant you a license (i.e., software which you license directly from the manufacturer). THIS LICENSE AGREEMENT EXPLAINS HOW YOU MAY USE THIS SOFTWARE. BY CLICKING THE ACCEPT BUTTON, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE THE SOFTWARE. 2. Single User License Grant. AT&T hereby grants you a limited, non-exclusive, non-transferable license to use the object code version of the Software and any related documentation provided by AT&T solely for your individual, personal use and in accordance with the terms and conditions of this Agreement. Any use of the Software under this License Agreement shall be limited to one copy per device. 3. You may use or copy the Software only as instructed herein, or otherwise instructed in writing by AT&T. You may copy the Software for archival purposes, provided any copy must contain all of the original copyright and proprietary notices. Use or copying the Software for any other purpose is prohibited and is a breach of this License Agreement. As between you and AT&T, the Software files remain the property of AT&T at all times, and AT&T may make changes to the number and/or content of these files directly while you are connected to the Service. This license will terminate upon termination of your membership or right to use the Service. At that time, you must stop using the Software and either return the Software to AT&T or destroy it. AT&T is not responsible in any way for any software, services, or devices used in connection with the Software, the Service or the Internet, unless such programs, software, services, or devices are recommended or provided to you by AT&T under a separate written agreement. You acknowledge the Software is proprietary and confidential to AT&T or its suppliers. This License Agreement does not convey any rights of ownership to you; title to and ownership of all rights in trademarks, service marks, patents, copyrights, trade secrets and other intellectual property in the Software and any copy shall remain with AT&T or other third party owners. You shall not transfer, lend, lease, sublicense or otherwise distribute, copy, make derivative works of, reverse engineer, decompile, disassemble, translate or otherwise alter or modify the Software. The

Software is licensed, not sold. The initial user of the Software may make a one-time transfer of the Software to another end user. The transfer must include all component parts, media, printed materials, this License Agreement, and (if applicable) the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software must agree to all the License Agreement terms. 4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AT&T AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AT&T AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AT&T OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, OR USE OF INFORMATION, EVEN IF AT&T OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AT&T'S AND ITS SUPPLIERS' ENTIRE LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER AS A RESULT OF YOUR USE OF THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE OR US $100. 5. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement.

6.Performance or Benchmark Testing. You may not disclose the results of any benchmark test
using the Software to any third party without AT&Ts prior written approval.

7.Reservation of Rights. AT&T reserves all rights not expressly granted to you in this License
Agreement.

8.Data Charges. AT&T Communication Manager contains a feature that tracks estimated byte
usage. Actual billing will be higher.

9. Termination. Without prejudice to any other rights, AT&T may cancel this agreement if you do
not abide by the terms and conditions, in which case you must destroy all copies of the Software and all of its component parts. In addition, AT&T may, without further notice to you, cancel this Agreement and disable your use of the Software if you do not restore or reestablish an AT&T wireless service account within 30 days after the expiration of your then-current AT&T wireless service account. This software license will expire if you do not use the Communication Manager software to connect to AT&Ts wireless network for 90 consecutive days.

10. Consent to Use of Data. You agree that AT&T and its affiliates may collect and use technical
information you provide as a part of support services, if any, related to the Software. AT&T agrees not to use this information in a form that personally identifies you.

11. This License Agreement shall be governed by the laws of the State of New York, except
conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply to this License Agreement. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. This License Agreement may only be modified, or any rights under it waived by a written document executed by both parties.

12. If, for any reason, a court of competent jurisdiction finds any provision of this License
Agreement, or portion thereof, unenforceable, then the remainder of the License Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.

13. AT&Ts failure, in any instance, to exercise any of its rights under this License Agreement will
not constitute a general waiver of such or any other rights hereunder.

14. Sections 2 - 14 will survive any termination of this License Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE LICENSE AGREEMENT AND UNDERSTAND IT. BY CLICKING ON THE "ACCEPT" BUTTON, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR USE OF THE COVERED SOFTWARE PRODUCT. IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "DO NOT ACCEPT" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.

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