Della+ Mobile Application License Agreement
Updated Nov 03, 2021
The Della+ Mobile Application (the “Licensed Application”) offered by RGE Motor Direct, Inc. (“RGE” or “Licensor”) is available through Apple Inc.’s App Store and Google Inc.’s Play Store (collectively, the “Store”).
Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this License Agreement.
SCOPE OF LICENSE
This license granted to you for the Licensed Application by Licensor is limited to a non-exclusive and non-transferable license to use the Licensed Application on any product that you own or control and is further subject to the usage rules set forth in the terms and conditions of each respective Store. This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network in violation of the usage rules and this License Agreement.
You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Licensed Application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
CONSENT TO USE OF DATA
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The license may be terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any of terms of this license. Upon termination of this license, you shall cease all use of the Licensed Application and remove and delete all copies of the Licensed Application from your devices.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LICENSED APPLICATION AND 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 AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND AS SUCH SERVICES BECOME AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS IN CONNECTION WITH THE LICENSED APPLICATION AND ANY SERVICES RELATED
TO THE LICENSED APPLICATION, WHETHER 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT THAT THE FEATURES AND FUNCTIONS CONTAINED IN THE LICENSED APPLICATION OR SERVICES PERFORMED OR PROVIDED THROUGH THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS. LICENSOR DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, FREE OF ERRORS OR THAT DEFECTS IN THE LICENSED APPLICATION WILL BE FIXED. NO ORAL OR WRITTEN INFORMATION, INSTRUCTION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE FOREGOING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ARE APPLIABLE TO THE EXTENT NOT PROHIBITED BY LAW.
TO THE EXTENT NOT PROHIBITED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING 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. IN NO EVENT SHALL LICENSOR’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 ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge that by using the Licensed Application and Licensor’s products and services in connection with the Licensed Application, you may encounter content that may be deemed offensive or objectionable. Nevertheless, you agree to use the Licensor’s products and services at your sole risk and that Licensor shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. For example, RGE’s websites, including but not limited to, https://www.dellausa.com/ may display, include or make available content, data, information, applications or other materials RGE’s service providers and advertising from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that RGE is not responsible for examining or evaluating the Third Party Materials for content, accuracy, completeness, intellectual property compliance, legality, decency or any other aspects.
LIMITATION OF LIABILITY REGARDING THIRD PARTY MATERIALS
RGE and its officers, affiliates and subsidiaries do not warrant or assume any liability and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any products or services of third parties. Third Party Materials and links to other websites are provided, if any, solely as a convenience to you. Any financial information or location data, if any, that may be displayed on RGE’s websites or Apps is for general information purposes only and should not be relied upon in situations where the accuracy of such information is required. Should you choose to use or access Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws.
You agree that the Licensed Application, Della branded products and services provided by RGE and its websites contain proprietary content, information and material that is owned by RGE and/or its affiliates and that they are protected by applicable intellectual property laws, including but not limited to copyright. You agree, therefore, not to use such proprietary content, information or materials in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of RGE or a third party. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, the Licensed Application and RGE’s services provided in connection with the Licensed Application in any manner.
RESPONSIBILITY OF USERS
You agree to not use the Licensed Application or any of RGE’s products, services or its websites to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use RGE’s services or properties in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. RGE is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of its services or websites. RGE reserves the right to change, suspend, remove or disable access to any of its services, including but not limited to services in connection with the Licensed Application at any time without notice or liability. In no event will RGE be liable for the removal of or disabling of access to any of its services.