1. License Grant. Subject to User’s compliance with these Terms, DMV hereby grants to User a personal, non-sublicenseable, non-transferable and non-exclusive terminable license to install and use the App on a mobile device owned or controlled by User solely (i) for User’s personal use, and (ii) in accordance with these Terms. All rights relating to the App that are not expressly granted in these Terms, whether now existing or which may hereafter come into existence are reserved by DMV. User shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trademark notices) which may be affixed to or contained within the App.
2. Use of the App, Content, Trademarks, Ownership, License Restrictions.
2.1 These Terms are subject to the DMV mDL Privacy Notice (the “Privacy Notice”). In accordance with the Privacy Notice, DMV will release your personally identifiable information or other sensitive information (“Information”) only to those third parties you have authorized to receive such Information (“Relying Party”). Once we disclose your Information in accordance with your consent, DMV does not have control over third party use of such Information and DMV disclaims any liability for any third party use or misuse of such Information.
2.2 The trademarks, service marks, and logos (the “Trademarks”) of DMV that are used and displayed in connection with the App are registered and unregistered trademarks or service marks of DMV, its licensors or partners. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any rights to use any Trademark displayed in connection with the App without the prior written consent of DMV for each such use. The Trademarks may not be used to disparage DMV or the applicable third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without DMV’s prior written consent. All goodwill generated from the use of any DMV owned Trademark shall inure to DMV’s sole benefit.
2.3 DMV reserves and User hereby acknowledges and agrees to the reservation by DMV (or its licensors) all ownership right, title and interest in and to the App and the intellectual property rights in and to the App, including all right, title and interest in and to any derivative works, translations, or any other modifications thereof. These Terms and the license granted herein are not a sale of a copy of the App and does not render User the owner of a copy of the App. Ownership of the App and all components and copies thereof shall at all times remain with DMV its licensors, regardless of who may be deemed the owner of the mobile device in or on which the App is downloaded and installed.
2.4 The App contains proprietary intellectual property rights belonging to DMV and its third party licensors. User shall not directly or indirectly: (a) copy the App; (b) transfer, sublicense, resell, distribute, publicly display or publicly perform the App, or any copy thereof, either in whole or in part, by any means whatsoever, or otherwise make it available for use by others in any sharing, service bureau or similar arrangement; (c) modify, decompile, disassemble, decrypt, extract, reverse engineer or reverse compile the App, or otherwise attempt to discover or derive the source code, confidential algorithms or techniques incorporated in the App, or disclose or use any confidential information of DMV in any manner; (d) use the App for any illegal purpose, in any manner that is inconsistent with these Terms, or to engage in any illegal activity; (e) use any third party licensed component of the App separate and apart from the App; (f) prepare derivative works based on the App or any part thereof; or (g) circumvent, disable or otherwise interfere with security-related features in the App. User may not use the App in any manner which could damage, disable, overburden, or impair the DMV’s system, services or servers or interfere with any other party’s use and enjoyment of the App or related services. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
2.5 The App is for use by Users who are eighteen (18) years of age or older and residents of the United States. Users under the age of eighteen (18) are not permitted to use the App without the consent of a parent or legal guardian. By using the App, User represents that he/she is at least eighteen (18) years of age, or has the consent of a parent or legal guardian, and is a resident of the United States of America.
3. Links to Third Party Sites, Advertising. The App may contain information about, links to and/or advertisements for web sites operated by Relying Parties or other parties (the “Third Party Sites”). The information provided in and about the Third Party Sites is provided for User’s convenience only and DMV does not make any representations regarding the content or accuracy of the Third Party Sites. DMV does not control such Third Party Sites and is not responsible for the content and performance of these Third Party Sites and/or for any transactions Users may choose to conduct with the operators of any Third Party Sites. DMV is not responsible for, and hereby disclaims all liability for, the contents of any Third Party Sites, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. DMV is not responsible for webcasting or any other form of transmission received from any Third Party Site. DMV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DMV of the site or any association with its operators.
4. DISCLAIMER OF WARRANTIES.
4.1 DMV, ITS AFFILIATES AND LICENSORS (COLLECTIVELY, THE “DMV PARTIES”) MAKE NO WARRANTIES TO LICENSEE ABOUT THE APP, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE DMV PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO USER THROUGH THE APP, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. USER AGREES THAT USE OF THE APP AND THE CONTENT IS AT USER’S OWN RISK. THE DMV PARTIES DO NOT WARRANT THAT THE APP WILL OPERATE ERROR FREE OR THAT THE APP IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE DMV PARTIES ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGES RELATED TO OR ARISING FROM USER’S USE OF THE APP THAT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT. THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE DMV PARTIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4.2 The text, graphics, images, reports, charts, graphics, data and data files made available through the App (collectively, the “Content”) is presented in a summary fashion, and is intended to be used for educational and informational purposes only and nothing in the App is intended to constitute professional legal advice.
6. Limitations for Use of mDL.
6.1 Services Available through the App. The App is designed to serve as a convenient resource for Californian residents to access a variety of State services. That said, the App is not a replacement for State services made available through other online portals or physical offices. To that end, you may need to access certain services by visiting a particular agency’s website or office. In addition, you will not be denied or lose access to any State service to which you are legally entitled solely on the basis of your inability or unwillingness to use the App. By accessing the App you acknowledge the following:
6.2 Physical Identification Card Still Required. The California mDL is provided for your convenience but does not replace your physical government-issued identification (such as a driver’s license or passport). State and local law enforcement agencies are not required to accept your mDL, and while businesses are encouraged to accept the mDL, they are not required to do so. State agencies and entities may continue to require you to present a physical government-issued identification – particularly in instances where doing so could help avoid the commission of fraud. Accordingly, although the mDL in the App can serve as a convenient secondary source for your identification, for the time being, you should continue to carry government-issued identification.
6.3 mDL Restricted to App. To ensure the security of the App and State systems, and to prevent fraud, you may not store your mDL outside of the App. DMV may block, terminate or revoke your access to the App if you attempt to store your mDL outside of the App.
6.5 Accepting Updates to the mDL App. Periodic refresh updates are sent to the mDL user’s mDL App. As an mDL user, one must accept and allow updates to the mDL App for continued use and to keep the mDL in a proper functioning state. Not allowing updates may result in an inactive state and the user may not be able to use the mDL.
7. Limitation of Liability. IN NO EVENT SHALL ANY OF THE DMV PARTIES BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE APP AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DMV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to User. IN SUCH STATES, THE LIABILITY OF THE DMV PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Term and Termination. These Terms are effective until terminated by DMV or User. DMV reserves the right, in its sole discretion, to terminate your access to the DMV App and related services or any portion thereof at any time, for any reason or no reason, without notice. User’s rights under these Terms will terminate automatically without notice if User fails to comply with any term or condition of these Terms. Upon termination, User shall immediately cease all use of the App, and destroy all copies, full or partial, of the App. Sections 2, 4, 6, 7, 9, 10, 11 and 12 shall survive the termination.
9. User Must Comply with Applicable Laws. User may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other U.S. Government list of prohibited or restricted parties. By using the App, User represents and warrants that User is not located in any such country or on any such list. User also agrees that User will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
10. U.S. Government Restricted Rights. The App is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the App by the Government constitutes acknowledgement of DMV’s proprietary rights in the App as commercial computer software.
11. Third Party Licensors – Intended Third Party Beneficiaries. Portions of the App may include certain software programs owned by and licensed from third parties. User acknowledges and agrees that such third party licensors are intended third party beneficiaries under these Terms. Accordingly, in the event of any breach of these Terms by User that would violate any agreement between DMV and such third party licensors, such third party licensor shall have an independent cause of action and standing against User for breach of such Terms.
12.1 Applicable Law – These Terms shall be governed by and shall be interpreted in accordance with the laws of the State of California.
12.2 A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
12.3 These Terms constitute the entire agreement between User and DMV with respect to the App, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and shall not be given any legal import.
12.4 These Terms will inure to the benefit of DMV’s successors and assigns. DMV is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that User may use.
12.5 User may direct any questions, complaints or claims with respect to the App to us at DMV Technical Support.
COPYRIGHT NOTICES: All contents of the DMV Software and related services are: Copyright © 2022 by DMV. All rights reserved.