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COX MyAPT END USER LICENSE AGREEMENT


Cox MyAPT End User License Agreement for
Android Devices


WE ADVISE YOU TO READ THIS LICENSE AGREEMENT CAREFULLY. ALL OF THESE TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING COX'S LIABILITY.

Updated: November 13, 2020

You may contact Us by email, telephone or letter with any questions, complaints or claims with respect to the Licensed Application or the Service. For additional information, find your local contact information

  1. Introduction
  2. License Grant for Individual Personal Use
  3. Privacy
  4. Consent to Use of Data
  5. Prohibited Usage
  6. Additional Terms Applicable to Your Use of the Service
  7. Third Party Websites
  8. Special Rights for the License or Use by the U.S. Government
  9. Intellectual Property
  10. Indemnification
  11. No Warranty
  12. Licensed Application Purpose, Scope and Limitation
  13. Limitation of Liabilities
  14. Licensed Application Updates
  15. Content Accessed Through The Licensed Application
  16. Security
  17. Termination
  18. Modifications to the License Agreement
  19. Notice
  20. Contact Us

Notice to end-user ("You" or "User"): Your use of this application ("Licensed Application") and the Cox MyAPT service (the “Service”) is governed by the legal agreement between You and Cox consisting of any requirements or restrictions imposed by Cox, service specific terms of each Cox service used by You in connection with Your use of this Licensed Application and the Service, including, without limitation, the Residential Customer Service Agreement, the Acceptable Use Policy, the Annual Privacy Notice and the terms of this End User License Agreement (collectively, the "License Agreement"). "Cox" means CoxCom, LLC whose principal place of business is 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 or the Cox entity with which you have contracted for Cox services in the geographic area where the service will be provided. You will be referred to in this License Agreement as a ("Cox End-User"). Carefully read these terms before using the Service, or downloading, installing, or using the Licensed Application on Your mobile device that runs the Android operating system (each an "Android Device") to the extent that Cox has made the Licensed Application available on the applicable Android Device. Cox in its sole discretion will determine when the Licensed Application will be available on any particular Android Device. Cox may without notice in its sole discretion discontinue the Service and/or discontinue the Licensed Application on any or all Android Devices. Cox may suspend Your use of the Service and/or the Licensed Application without notice and without liability to Cox if you use the Service or the Licensed Application in a manner that violates this License Agreement, any Cox terms or conditions and under certain circumstances including, without limitation, if you are violating any applicable laws or regulations, or engaging in conduct that is harmful to Cox, third parties, or other subscribers. The Service and the Licensed Application are for personal, residential, non-business related use and may not be used for commercial purposes.

In order to use the Licensed Application and the Service, You must first agree to this License Agreement. You agree to the License Agreement by either (1) clicking to agree or accept where these options are made available to You, or (2) actually using the Licensed Application or the Service, either of which shall be the effective date of this License Agreement (“Effective Date”). If You do not agree to the terms of this License Agreement, do not click “agree” and/or do not download, install, or use this Licensed Application or the Service. In order to use this Licensed Application and the Service, You must be 13 years of age or older. If You are between 13 and 18 years of age, You must have Your parent’s or legal guardian's permission to use this Licensed Application and the Service. YOUR USE OF THE LICENSED APPLICATION OR THE SERVICE INDICATES YOUR CONSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT, AND THIS LICENSE AGREEMENT WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE LICENSED APPLICATION OR THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS SET FORTH IN THIS LICENSE AGREEMENT OR ANY OF THE POLICIES RELATING TO THE SERVICE, YOU SHOULD IMMEDIATELY STOP USE OF THE LICENSED APPLICATION AND THE SERVICE.

  1. INTRODUCTION —

    This Licensed Application and the Service, which is made available by Cox for use only by Cox Residential End-Users on Your Android Device, is licensed, not sold, to You. There is currently no fee for Your receipt or use of the Licensed Application or the Service, provided that You use the Licensed Application and the Service strictly as permitted by this License Agreement including all requirements or restrictions imposed by Cox. Cox reserves the right to charge for this Licensed Application and/or the Service in the future. Use of the Service, and all websites and all other content viewed through the Licensed Application (“Content”) using Your Cox Internet or other Internet service may count toward Your Cox Internet or other Internet monthly data usage allowance. You acknowledge and agree that Your license to the Licensed Application is a binding agreement between You and Cox. The Content, features, and functionality offered by the Licensed Application and the Service may differ and are subject to change without prior notice. The Licensed Application and/or the Service may be terminated by Cox at any time, and the Licensed Application no longer made available for download for any or no reason.

  2. LICENSE GRANT FOR INDIVIDUAL PERSONAL USE —

    Subject to Your compliance with the terms of this License Agreement, including any documents and terms referenced herein, Cox hereby grants to You a limited personal, revocable, non-exclusive, non-transferable license to use the Licensed Application. This license is solely for Your personal use. The Licensed Application should only be used in connection with Your use of the Service as provided by Cox and for no other purpose, and it is further restricted to the Cox services to which You subscribe. The rights granted to You do not include any right to access, use or modify the source code of the Licensed Application, the Service, and/or the Content for any purpose. Cox also grants You a limited, personal, revocable, non-exclusive, non-transferable license to use the Service and Content provided through the Licensed Application only in the manner presented and provided by Cox. Except as expressly provided herein, Cox does not grant to You any express or implied rights to Cox’s or any third party's intellectual property. You may not sell, offer for sale, copy, modify, alter, create derivative works from, upload, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Service or Content in whole or any part thereof in any way, unless expressly permitted to do so by Cox. You are also prohibited from in any way commercially exploiting any of the Licensed Application, the Service or Content.

  3. PRIVACY —

    Personal information provided by You shall be used by Cox in connection with the Licensed Application and the Service for registration, login and related purposes. Such information may be shared with Cox vendors and content providers. For other applicable privacy terms, see our Annual Privacy Notice, which is incorporated into this License Agreement by reference.

  4. CONSENT TO USE OF DATA —

    You agree that Cox may collect and use performance and/or technical data, and related information, including but not limited to, technical and/or performance information about Your device, system, Licensed Application, use of the Service and peripherals. Cox may also use data collected from the Licensed Application and your use of the Service to make future service recommendations to You.

  5. PROHIBITED USAGE —

    You agree to use the Licensed Application and the Service only in compliance with the terms of this License Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not (i) use, copy, modify, alter, or transfer the Licensed Application, the Service or any related documentation except as expressly provided in this License Agreement; (ii) translate, disassemble, decompile, reverse program, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or the Service, or any updates or upgrades of the Licensed Application or the Service, or any part thereof (except as and only to the extent 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 or the Service); (iii) sublicense or lease the Licensed Application, the Service or its documentation; or (iv) use the Licensed Application on any device that You do not own or control, or distribute or make the Licensed Application or the Service available where it could be used in a manner other than as expressly permitted in this License Agreement. You agree that the Licensed Application contains, transmits, and allows access to the Service and Content. You may not alter, transmit or disassemble the Service or Content in any manner in whole or in part, including, without limitation, any taking or transmitting screen captures from the Content. No portion of the Licensed Application, Service, or Content may be reproduced or transmitted in any form or by any means that is not expressly permitted herein. You shall not exploit the Licensed Application, the Service, or the Content in any unauthorized way whatsoever. Any attempt to do so is a violation of the rights of Cox and the terms of this License Agreement. If You breach these restrictions, You may be subject to prosecution and damages. Cox may limit the number of users of the Licensed Application in any home and reserves the right to place additional restrictions and/or limitations on the use of the Licensed Application, Content, and/or the Service or impose additional requirements in order for You to use the Licensed Application, Content and/or Service from time to time. You agree that You will not export or re-export the Licensed Application, the Service or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and use. You represent and warrant that You are not prohibited from receiving exports or services under United States or other applicable export laws. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to the download, installation and/or use of the Licensed Application or the Service. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

  6. ADDITIONAL TERMS APPLICABLE TO YOUR USE OF THE SERVICE —

    You must have an Internet broadband connection at your premises for use of the Service. At an additional charge, Cox may provide the Internet connection. If you have an existing Cox Internet connection at your premises, you may use such connection for use of the Service. The Service uses Internet bandwidth, the amount of which may vary based upon the equipment used and your use of the Service, and such use may count against any applicable data use allowances established by Cox or your Internet service provider. All Cox Internet connections are subject to the Cox Internet Subscriber Agreement and the Cox Acceptable Use Policy which may be found at www.cox.com. YOU UNDERSTAND THE SERVICE OPERATES THROUGH A BROADBAND CONNECTION. IF THE INTERNET CONNECTION IS DOWN OR NOT FUNCTIONING PROPERLY, INCLUDING DUE TO EQUIPMENT FAILURE, THE SERVICE WILL NOT FUNCTION. YOU UNDERSTAND THAT THE SERVICE WILL NOT COMMUNICATE INFORMATION WHEN THE INTERNET CONNECTION IS NOT OPERATING OR IS OTHERWISE UNAVAILABLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, NON-PAYMENT OF INTERNET SERVICE, SUSPENSION OF INTERNET SERVICE, NETWORK OUTAGES, CABLE CUTS, NETWORK MAINTENANCE, NETWORK CONGESTION, EQUIPMENT FAILURES, OR FORCE MAJEURE EVENTS. YOU ARE RESPONSIBLE FOR TESTING THE SERVICE AT LEAST MONTHLY IN ADDITION TO FOLLOWING ANY POWER OUTAGE, STORM, BROADBAND FAILURE OR ANY OTHER EVENT POTENTIALLY AFFECTING SIGNAL TRANSMISSION TO CONFIRM THE SERVICE FUNCTIONS. YOU AGREE TO NOTIFY COX OF ANY SERVICE FAILURE OR MALFUNCTION IMMEDIATELY AND ARE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES ARISING FROM YOUR FAILURE TO DO SO. Cox is not responsible for any temporary or total loss of communication from the Service due to (i) You reconfiguring or changing the location of the router or any other equipment necessary to use the Service; or (ii) modifications made to Customer's Internet connection or configuration. Termination of your Internet service for any reason, including non-payment of service charges, abuse, violation of the Cox Acceptable Use Policy, or any other reason, will not relieve you of any obligations pursuant to this Agreement.

    Cox is not responsible for the operation and functioning of any communications system or Internet connection that has not been supplied and installed by Cox. You agree that if Cox determines at any time that your Internet connection is not compatible with the Service, Cox will require that you purchase a compatible Internet connection to obtain or continue with the Service.

  7. THIRD PARTY WEBSITES —

    The Licensed Application may contain links to third party websites and applications or other separate Cox applications. You understand that the links to third party websites are provided to you as a convenience and are not under the control or ownership of Cox. The inclusion of any link to a third party site or application is not (i) an endorsement by Cox of the site or application, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the site or application. Your use of any such third party site or application is governed by the various legal agreements and policies posted at that site or in the application.

  8. SPECIAL RIGHTS FOR THE LICENSE OR USE BY THE U.S. GOVERNMENT —

    If the Licensed Application is being used by or licensed to the United States Government, the following shall apply: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Licensed Application" and "Commercial Computer Licensed Application Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Licensed Application and Commercial Computer Licensed Application Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  9. INTELLECTUAL PROPERTY —

    The Licensed Application contains or displays Content, proprietary information, and materials that are protected by applicable intellectual property and other laws, including, but not limited to, United States copyright and law and international treaty provisions. You acknowledge that no title to the intellectual property in the Licensed Application, Service, or Content shall be transferred to You as a result of Your acceptance of this License Agreement. You further acknowledge that title and full ownership rights to the Licensed Application, Service, and Content will remain the exclusive property of Cox or its licensors, and You shall not acquire any rights to the Licensed Application, Service, or the Content except as expressly set forth in this License Agreement. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Licensed Application or displayed in any Content.

  10. INDEMNIFICATION —

    To the maximum extent permitted by law, You agree to defend, indemnify and hold Cox and its subsidiaries and affiliates, vendors, and licensors, and each of their respective directors, officers, employees and agents, harmless from and against any and all claims arising out of Your breach of this License Agreement or Your use of the Licensed Application or the Service, including any access to any third party and/or Cox websites, or other applications through the Licensed Application, or Content in breach of the terms and conditions of this License Agreement.

  11. NO WARRANTY —

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, CONTENT, AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, CONTENT, AND THE SERVICE, EITHER EXPRESS, 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION INCLUDING, WITHOUT LIMITATION THE CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS 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.

  12. LICENSED APPLICATION AND SERVICE PURPOSE, SCOPE, AND LIMITATIONS —

    THE LICENSED APPLICATION AND THE SERVICE ENABLES HOME AUTOMATION SERVICES FOR RESIDENTIAL USE ONLY. THE SERVICE IS SOLELY INTENDED FOR HOME AUTOMATION AND CONTROL, SUCH AS ENERGY MANAGEMENT, LIGHTING, THERMOSTATS, AND RELATED FUNCTIONALITY. IT IS NOT A SECURITY SYSTEM, AND IT IS NOT MONITORED IN ANY WAY. IN THE EVENT OF AN INTRUSION, FIRE, FLOOD, INJURY, MEDICAL EMERGENCY, OR ANY OTHER EVENT, THE SERVICE WILL NOT ALERT ANY AUTHORITIES OR EMERGENCY PERSONNEL. YOU HEREBY ACKNOWLEDGE THESE LIMITATIONS, AND YOU AGREE NOT TO USE, OR ATTEMPT TO USE, THE SERVICE FOR ANY SECURITY, PROPERTY PROTECTION, OR LIFE SAFETY PURPOSE, INCLUDING BUT NOT LIMITED TO THE PROTECTION OF INDIVIDUALS OR REAL OR PERSONAL PROPERTY FROM INJURY, THEFT, HARM, OR DAMAGE.

  13. LIMITATION OF LIABILITIES —

    The Licensed Application which You use may automatically download and install updates from time to time. You agree to receive such updates (and permit the delivery of these to You) as part of Your use of the Licensed Application. You acknowledge that in some instances, updates may reduce or remove functionality in prior versions of the Licensed Application, or may impose new fees for use of the Licensed Application, Content, and/or Services. COX will inform You when new fees apply.

  14. LICENSED APPLICATION UPDATES —

    The Licensed Application which You use may automatically download and install updates from time to time. You agree to receive such updates (and permit the delivery of these to You) as part of Your use of the Licensed Application. You acknowledge that in some instances, updates may reduce or remove functionality in prior versions of the Licensed Application, or may impose new fees for use of the Licensed Application, Content, and/or Services. COX will inform You when new fees apply.

  15. CONTNET ACCESSED THROUGH THE LICENSED APPLICATION —

    You acknowledge and agree that the Licensed Application will provide access to Content. Cox makes no representations or warranties regarding such Content. You acknowledge that Content owners may require additional authorization or authentication to access the Content through the Licensed Application.

  16. SECURITY —

    You are responsible for all use of the Licensed Application and the Service made by You or anyone else using Your user name and password and for preventing unauthorized use of Your user name and password. If You believe there has been any breach of security such as the disclosure, theft or unauthorized use of Your user name and password, You must notify Cox immediately. We recommend that You do not select an obvious user name or password and that You change your password regularly.

  17. TERMINATION —

    This License Agreement will commence on the Effective Date and continue until terminated by either You or Cox as follows: If You want to terminate this License Agreement, You may do so by ceasing Your use of the Licensed Application and the Service, and removing or destroying all copies of the Licensed Application You have obtained. Cox may also terminate this License Agreement without notice if (1) You have breached any provision of this License Agreement, (2) Cox is required to do so by law, and/or (3) Cox decides to no longer make the Licensed Application and/or the Service available to You for any or no reason. Upon termination, whether by Cox or You, all licenses to You under this License Agreement shall immediately terminate, and You agree to immediately cease using and destroy any copies of the Licensed Application in your possession or control. Notwithstanding any termination of this License Agreement, the provisions herein entitled “Indemnification” and “Limitations on Liabilities” shall survive as well as any other provisions that by their nature should survive shall survive such termination and shall remain in effect.

  18. MODIFICATIONS TO THE LICENSE AGREEMENT —

    Cox reserves the right at its sole discretion to update, revise, supplement, and otherwise change the terms and conditions of the License Agreement, and impose new or additional rules, requirements, restrictions, policies, terms, or conditions (collectively, "Additional Terms") on Your use of the Licensed Application, Service, and/or Content, at any time and from time to time. Such Additional Terms will be effective immediately and shall be deemed incorporated into this License Agreement without need for further action. Your continued use of the Licensed Application and/or the Service will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

  19. NOTICE —

    Cox may provide You with notice with respect to the Licensed Application or the Service, and any Additional Terms via email, U.S. mail, or by a posting on Cox’s website, or the description of the Licensed Application or the Service on the applicable website. This License Agreement (including all incorporated and referenced documents) comprises the entire agreement between You and Cox governing Your use of the Licensed Application and the Service (but excluding any products and services which Cox may provide to You under a separate written agreement), and supersedes all prior agreements between You and Cox in relation to the Licensed Application and the Service. You agree that if Cox does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Cox has the benefit of under any applicable law), this will not be taken to be a waiver of Cox’s rights and that those rights or remedies will still be available to Cox. You acknowledge and agree that any company that Cox controls, is controlled by, or is under common control with, shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement which confers a benefit on (or rights in favor of) them.

    This License Agreement, and Your relationship with Cox under the License Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and Cox agree that all court proceedings and arbitrations shall be in Fulton County, Georgia, with respect to any legal matter arising from this License Agreement. Notwithstanding the sentence immediately above, You agree that Cox shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

    In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

    Nothing contained in this License Agreement shall be construed to limit Cox's rights and remedies available at law or in equity. Only Cox may modify this License Agreement in its sole discretion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This License Agreement may not be assigned or transferred by You. This License Agreement is freely assignable by Cox to third parties.

  20. CONTACT US —

    You may contact Us by email, telephone or letter with any questions, complaints or claims with respect to the Licensed Application or the Service. For additional information, find your local contact information.


Cox MyAPT End User License Agreement for
Apple Devices


WE ADVISE YOU TO READ THIS LICENSE AGREEMENT CAREFULLY. ALL OF THESE TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING COX'S LIABILITY.

Updated: November 13, 2020

You may contact Us by email, telephone or letter with any questions, complaints or claims with respect to the Licensed Application or the Service. For additional information, find your local contact information

  1. Introduction
  2. License Grant for Individual Personal Use
  3. Privacy
  4. Consent to Use of Data
  5. Prohibited Usage
  6. Additional Terms Applicable to Your Use of the Service
  7. Third Party Websites
  8. Special Rights for the License or Use by the U.S. Government
  9. Intellectual Property
  10. Maintenance and Support
  11. Indemnification
  12. No Warranty
  13. Licensed Application Purpose, Scope and Limitation
  14. Limitation of Liabilities
  15. Licensed Application Updates
  16. Content Accessed Through The Licensed Application
  17. Security
  18. Termination
  19. Modifications to the License Agreement
  20. Notice
  21. Contact Us

Notice to end-user ("You" or "User"): Your use of this application ("Licensed Application") and the Cox MyAPT service (the “Service”) is governed by the legal agreement between You and Cox consisting of any requirements or restrictions imposed by Cox, service specific terms of each Cox service used by You in connection with Your use of this Licensed Application and the Service, including, without limitation, the Residential Customer Service Agreement, the Acceptable Use Policy, the Annual Privacy Notice and the terms of this End User License Agreement (collectively, the "License Agreement"). "Cox" means CoxCom, LLC whose principal place of business is 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 or the Cox entity with which you have contracted for Cox services in the geographic area where the service will be provided. You will be referred to in this License Agreement as a ("Cox End-User"). Carefully read these terms before using the Service, or downloading, installing, or using the Licensed Application on Your iPad, iPhone, iPod Touch, and/or Mac computer (each a "Device") to the extent that Cox has made the Licensed Application available on the applicable Device. This License Agreement is not with Apple. Cox in its sole discretion will determine when the Licensed Application will be available on any particular Device listed above, and reference to any device in this License Agreement shall not guarantee that Cox will launch the Licensed Application on such device or a specific date for such launch. Cox may without notice in its sole discretion discontinue the Service and/or discontinue the Licensed Application on any or all Devices. You are also subject to the Apple App Store Terms of Service, which You also acknowledge that You have had the opportunity to review. Cox may suspend Your use of the Service and/or the Licensed Application without notice and without liability to Cox if you use the Service or the Licensed Application in a manner that violates this License Agreement, any Cox terms or conditions and under certain circumstances including, without limitation, if you are violating any applicable laws or regulations, or engaging in conduct that is harmful to Cox, third parties, or other subscribers. The Service and the Licensed Application are for personal, residential, non-business related use and may not be used for commercial purposes.

In order to use the Licensed Application and the Service, You must first agree to this License Agreement. You agree to the License Agreement by either (1) clicking to agree or accept where these options are made available to You, or (2) actually using the Licensed Application or the Service, either of which shall be the effective date of this License Agreement (“Effective Date”). If You do not agree to the terms of this License Agreement, do not click “agree” and/or do not download, install, or use this Licensed Application or the Service. In order to use this Licensed Application and the Service, You must be 13 years of age or older. If You are between 13 and 18 years of age, You must have Your parent’s or legal guardian's permission to use this Licensed Application and the Service. YOUR USE OF THE LICENSED APPLICATION OR THE SERVICE INDICATES YOUR CONSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT, AND THIS LICENSE AGREEMENT WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE LICENSED APPLICATION OR THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS SET FORTH IN THIS LICENSE AGREEMENT OR ANY OF THE POLICIES RELATING TO THE SERVICE, YOU SHOULD IMMEDIATELY STOP USE OF THE LICENSED APPLICATION AND THE SERVICE.

  1. INTRODUCTION —

    This Licensed Application and the Service, which is made available by Cox for use only by Cox Residential End-Users on Your Device, is licensed, not sold, to You. There is currently no fee for Your receipt or use of the Licensed Application or the Service, provided that You use the Licensed Application and the Service strictly as permitted by this License Agreement including all requirements or restrictions imposed by Cox. Cox reserves the right to charge for this Licensed Application and/or the Service in the future. Use of the Service, and all websites and all other content viewed through the Licensed Application (“Content”) using Your Cox Internet or other Internet service may count toward Your Cox Internet or other Internet monthly data usage allowance. You acknowledge and agree that Your license to the Licensed Application is a binding agreement between You and Cox. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this End User License Agreement between You and Cox, and that Apple and Apple’s subsidiaries will have the right to enforce such License Agreement against You as a third party beneficiary thereof. The Content, features, and functionality offered by the Licensed Application and the Service may differ and are subject to change without prior notice. The Licensed Application and/or the Service may be terminated by Cox at any time, and the Licensed Application no longer made available for download by Apple for any or no reason.

  2. LICENSE GRANT FOR INDIVIDUAL PERSONAL USE —

    Subject to Your compliance with the terms of this License Agreement, including any documents and terms referenced herein, Cox hereby grants to You a limited personal, revocable, non-exclusive, non-transferable license to use the Licensed Application. This license is solely for Your personal use. The Licensed Application should only be used in connection with Your use of the Service as provided by Cox and for no other purpose, and it is further restricted to the Cox services to which You subscribe. The rights granted to You do not include any right to access, use or modify the source code of the Licensed Application, the Service, and/or the Content for any purpose. Cox also grants You a limited, personal, revocable, non-exclusive, non-transferable license to use the Service and Content provided through the Licensed Application only in the manner presented and provided by Cox. Except as expressly provided herein, Cox does not grant to You any express or implied rights to Cox’s or any third party's intellectual property. You may not sell, offer for sale, copy, modify, alter, create derivative works from, upload, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Service or Content in whole or any part thereof in any way, unless expressly permitted to do so by Cox. You are also prohibited from in any way commercially exploiting any of the Licensed Application, the Service or Content.

  3. PRIVACY —

    Personal information provided by You shall be used by Cox in connection with the Licensed Application and the Service for registration, login and related purposes. Such information may be shared with Cox vendors and content providers. For other applicable privacy terms, see our Annual Privacy Notice, which is incorporated into this License Agreement by reference.

  4. CONSENT TO USE OF DATA —

    You agree that Cox may collect and use performance and/or technical data, and related information, including but not limited to, technical and/or performance information about Your device, system, Licensed Application, use of the Service and peripherals. Cox may also use data collected from the Licensed Application and your use of the Service to make future service recommendations to You.

  5. PROHIBITED USAGE —

    You agree to use the Licensed Application and the Service only in compliance with the terms of this License Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not (i) use, copy, modify, alter, or transfer the Licensed Application, the Service or any related documentation except as expressly provided in this License Agreement; (ii) translate, disassemble, decompile, reverse program, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or the Service, or any updates or upgrades of the Licensed Application or the Service, or any part thereof (except as and only to the extent 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 or the Service); (iii) sublicense or lease the Licensed Application, the Service or its documentation; or (iv) use the Licensed Application on any device that You do not own or control, or distribute or make the Licensed Application or the Service available where it could be used in a manner other than as expressly permitted in this License Agreement. You agree that the Licensed Application contains, transmits, and allows access to the Service and Content. You may not use the Licensed Application on a device that has a firmware or software configuration that has not been authorized by Apple (“jailbroken”) device. You may not alter, transmit or disassemble the Service or Content in any manner in whole or in part, including, without limitation, any taking or transmitting screen captures from the Content. No portion of the Licensed Application, Service, or Content may be reproduced or transmitted in any form or by any means that is not expressly permitted herein. You shall not exploit the Licensed Application, the Service, or the Content in any unauthorized way whatsoever. Any attempt to do so is a violation of the rights of Cox and the terms of this License Agreement. If You breach these restrictions, You may be subject to prosecution and damages. Cox may limit the number of users of the Licensed Application in any home and reserves the right to place additional restrictions and/or limitations on the use of the Licensed Application, Content, and/or the Service or impose additional requirements in order for You to use the Licensed Application, Content and/or Service from time to time. You agree that You will not export or re-export the Licensed Application, the Service or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and use. You represent and warrant that You are not prohibited from receiving exports or services under United States or other applicable export laws. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to the download, installation and/or use of the Licensed Application or the Service. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

  6. ADDITIONAL TERMS APPLICABLE TO YOUR USE OF THE SERVICE —

    You must have an Internet broadband connection at your premises for use of the Service. At an additional charge, Cox may provide the Internet connection. If you have an existing Cox Internet connection at your premises, you may use such connection for use of the Service. The Service uses Internet bandwidth, the amount of which may vary based upon the equipment used and your use of the Service, and such use may count against any applicable data use allowances established by Cox or your Internet service provider. All Cox Internet connections are subject to the Cox Internet Subscriber Agreement and the Cox Acceptable Use Policy which may be found at www.cox.com. YOU UNDERSTAND THE SERVICE OPERATES THROUGH A BROADBAND CONNECTION. IF THE INTERNET CONNECTION IS DOWN OR NOT FUNCTIONING PROPERLY, INCLUDING DUE TO EQUIPMENT FAILURE, THE SERVICE WILL NOT FUNCTION. YOU UNDERSTAND THAT THE SERVICE WILL NOT COMMUNICATE INFORMATION WHEN THE INTERNET CONNECTION IS NOT OPERATING OR IS OTHERWISE UNAVAILABLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, NON-PAYMENT OF INTERNET SERVICE, SUSPENSION OF INTERNET SERVICE, NETWORK OUTAGES, CABLE CUTS, NETWORK MAINTENANCE, NETWORK CONGESTION, EQUIPMENT FAILURES, OR FORCE MAJEURE EVENTS. YOU ARE RESPONSIBLE FOR TESTING THE SERVICE AT LEAST MONTHLY IN ADDITION TO FOLLOWING ANY POWER OUTAGE, STORM, BROADBAND FAILURE OR ANY OTHER EVENT POTENTIALLY AFFECTING SIGNAL TRANSMISSION TO CONFIRM THE SERVICE FUNCTIONS. YOU AGREE TO NOTIFY COX OF ANY SERVICE FAILURE OR MALFUNCTION IMMEDIATELY AND ARE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES ARISING FROM YOUR FAILURE TO DO SO. Cox is not responsible for any temporary or total loss of communication from the Service due to (i) You reconfiguring or changing the location of the router or any other equipment necessary to use the Service; or (ii) modifications made to Customer's Internet connection or configuration. Termination of your Internet service for any reason, including non-payment of service charges, abuse, violation of the Cox Acceptable Use Policy, or any other reason, will not relieve you of any obligations pursuant to this Agreement.

    Cox is not responsible for the operation and functioning of any communications system or Internet connection that has not been supplied and installed by Cox. You agree that if Cox determines at any time that your Internet connection is not compatible with the Service, Cox will require that you purchase a compatible Internet connection to obtain or continue with the Service.

  7. THIRD PARTY WEBSITES —

    The Licensed Application may contain links to third party websites and applications or other separate Cox applications. You understand that the links to third party websites are provided to you as a convenience and are not under the control or ownership of Cox. The inclusion of any link to a third party site or application is not (i) an endorsement by Cox of the site or application, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the site or application. Your use of any such third party site or application is governed by the various legal agreements and policies posted at that site or in the application.

  8. SPECIAL RIGHTS FOR THE LICENSE OR USE BY THE U.S. GOVERNMENT —

    If the Licensed Application is being used by or licensed to the United States Government, the following shall apply: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Licensed Application" and "Commercial Computer Licensed Application Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Licensed Application and Commercial Computer Licensed Application Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  9. INTELLECTUAL PROPERTY —

    The Licensed Application contains or displays Content, proprietary information, and materials that are protected by applicable intellectual property and other laws, including, but not limited to, United States copyright and law and international treaty provisions. You acknowledge that no title to the intellectual property in the Licensed Application, Service, or Content shall be transferred to You as a result of Your acceptance of this License Agreement. You further acknowledge that title and full ownership rights to the Licensed Application, Service, and Content will remain the exclusive property of Cox or its licensors, and You shall not acquire any rights to the Licensed Application, Service, or the Content except as expressly set forth in this License Agreement. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Licensed Application or displayed in any Content. In the event of a third party claim that the use of the Licensed Application by You infringes a third party’s intellectual property rights, Cox, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, but only to the extent it relates to Your use of the Licensed Application.

  10. MAINTENANCE AND SUPPORT —

    As between Cox and Apple, Cox is solely responsible for providing any maintenance and support services with respect to the Licensed Application that Cox may offer (which, if provided, is provided at Cox’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

  11. INDEMNIFICATION —

    To the maximum extent permitted by law, You agree to defend, indemnify and hold Cox and its subsidiaries and affiliates, vendors, and licensors, and each of their respective directors, officers, employees and agents, harmless from and against any and all claims arising out of Your breach of this License Agreement or Your use of the Licensed Application or the Service, including any access to any third party and/or Cox websites, or other applications through the Licensed Application, or Content in breach of the terms and conditions of this License Agreement.

  12. NO WARRANTY —

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, CONTENT, AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, CONTENT, AND THE SERVICE, EITHER EXPRESS, 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION INCLUDING, WITHOUT LIMITATION THE CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, CONTENT, AND/OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS 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.

  13. LICENSED APPLICATION AND SERVICE PURPOSE, SCOPE, AND LIMITATIONS —

    THE LICENSED APPLICATION AND THE SERVICE ENABLES HOME AUTOMATION SERVICES FOR RESIDENTIAL USE ONLY. THE SERVICE IS SOLELY INTENDED FOR HOME AUTOMATION AND CONTROL, SUCH AS ENERGY MANAGEMENT, LIGHTING, THERMOSTATS, AND RELATED FUNCTIONALITY. IT IS NOT A SECURITY SYSTEM, AND IT IS NOT MONITORED IN ANY WAY. IN THE EVENT OF AN INTRUSION, FIRE, FLOOD, INJURY, MEDICAL EMERGENCY, OR ANY OTHER EVENT, THE SERVICE WILL NOT ALERT ANY AUTHORITIES OR EMERGENCY PERSONNEL. YOU HEREBY ACKNOWLEDGE THESE LIMITATIONS, AND YOU AGREE NOT TO USE, OR ATTEMPT TO USE, THE SERVICE FOR ANY SECURITY, PROPERTY PROTECTION, OR LIFE SAFETY PURPOSE, INCLUDING BUT NOT LIMITED TO THE PROTECTION OF INDIVIDUALS OR REAL OR PERSONAL PROPERTY FROM INJURY, THEFT, HARM, OR DAMAGE.

  14. LIMITATION OF LIABILITIES —

    TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL COX, ITS SUBSIDIARIES AND AFFILIATES, AND/OR COX’S VENDORS AND LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, CONTENT AND/OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Cox'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 ($500.00). Your sole and exclusive remedies under this License Agreement are as expressly set forth herein. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN COX’S AND ITS SUBSIDIARIES’, AFFILIATES’ AND LICENSORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

    TO THE EXTENT ANY WARRANTY REGARDING THE LICENSED APPLICATION ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THIS AGREEMENT, COX, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A COX RESIDENTIAL END-USER, IF THE LICENSED APPLICATION FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE LICENSED APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS COX’S SOLE RESPONSIBILITY.

    Cox and User acknowledge that Cox, not Apple, is responsible for addressing any of Your claims or any third party claims relating to the Licensed application or Your possession and/or use of the Licensed application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  15. LICENSED APPLICATION UPDATES —

    The Licensed Application which You use may automatically download and install updates from time to time. You agree to receive such updates (and permit the delivery of these to You) as part of Your use of the Licensed Application. You acknowledge that in some instances, updates may reduce or remove functionality in prior versions of the Licensed Application, or may impose new fees for use of the Licensed Application, Content, and/or Service. Cox will inform You when new fees apply.

  16. CONTNET ACCESSED THROUGH THE LICENSED APPLICATION —

    You acknowledge and agree that the Licensed Application will provide access to Content. Cox makes no representations or warranties regarding such Content. You acknowledge that Content owners may require additional authorization or authentication to access the Content through the Licensed Application.

  17. SECURITY —

    You are responsible for all use of the Licensed Application and the Service made by You or anyone else using Your user name and password and for preventing unauthorized use of Your user name and password. If You believe there has been any breach of security such as the disclosure, theft or unauthorized use of Your user name and password, You must notify Cox immediately. We recommend that You do not select an obvious user name or password and that You change your password regularly.

  18. TERMINATION —

    This License Agreement will commence on the Effective Date and continue until terminated by either You or Cox as follows: If You want to terminate this License Agreement, You may do so by ceasing Your use of the Licensed Application and the Service, and removing or destroying all copies of the Licensed Application You have obtained. Cox may also terminate this License Agreement without notice if (1) You have breached any provision of this License Agreement, (2) Cox is required to do so by law, and/or (3) Cox decides to no longer make the Licensed Application and/or the Service available to You for any or no reason. Upon termination, whether by Cox or You, all licenses to You under this License Agreement shall immediately terminate, and You agree to immediately cease using and destroy any copies of the Licensed Application in your possession or control. Notwithstanding any termination of this License Agreement, the provisions herein entitled “Indemnification” and “Limitations on Liabilities” shall survive as well as any other provisions that by their nature should survive shall survive such termination and shall remain in effect.

  19. MODIFICATIONS TO THE LICENSE AGREEMENT —

    Cox reserves the right at its sole discretion to update, revise, supplement, and otherwise change the terms and conditions of the License Agreement, and impose new or additional rules, requirements, restrictions, policies, terms, or conditions (collectively, "Additional Terms") on Your use of the Licensed Application, Service, and/or Content, at any time and from time to time. Such Additional Terms will be effective immediately and shall be deemed incorporated into this License Agreement without need for further action. Your continued use of the Licensed Application and/or the Service will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

  20. NOTICE —

    Cox may provide You with notice with respect to the Licensed Application or the Service, and any Additional Terms via email, U.S. mail, or by a posting on Cox’s website, or the description of the Licensed Application or the Service on the Apple App Store website. This License Agreement (including all incorporated and referenced documents) comprises the entire agreement between You and Cox governing Your use of the Licensed Application and the Service (but excluding any products and services which Cox may provide to You under a separate written agreement), and supersedes all prior agreements between You and Cox in relation to the Licensed Application and the Service. You agree that if Cox does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Cox has the benefit of under any applicable law), this will not be taken to be a waiver of Cox’s rights and that those rights or remedies will still be available to Cox. You acknowledge and agree that any company that Cox controls, is controlled by, or is under common control with, shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement which confers a benefit on (or rights in favor of) them.

    This License Agreement, and Your relationship with Cox under the License Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and Cox agree that all court proceedings and arbitrations shall be in Fulton County, Georgia, with respect to any legal matter arising from this License Agreement. Notwithstanding the sentence immediately above, You agree that Cox shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

    In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

    Nothing contained in this License Agreement shall be construed to limit Cox's rights and remedies available at law or in equity. Only Cox may modify this License Agreement in its sole discretion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This License Agreement may not be assigned or transferred by You. This License Agreement is freely assignable by Cox to third parties.

  21. CONTACT US —

    You may contact Us by email, telephone or letter with any questions, complaints or claims with respect to the Licensed Application or the Service. For additional information, find your local contact information.

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