California DMV Mobile Driver’s License Software Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE DOWNLOADING OR USING ANY CALIFORNIA DEPARTMENT OF MOTOR VEHICLES APPROVED MOBILE DRIVER’S LICENSE OR IDENTIFICATION SOFTWARE (THE “SOFTWARE”). BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE THAT YOU ARE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN, AS THESE TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use (“Terms”) govern the access or use by you (“User”), an individual, from within the United States and its territories and possessions (the “United States”) of the Software operated or made available in the United States by California Department of Motor Vehicles (DMV). The Software is offered to you conditioned on your acceptance without modification of these Terms. For avoidance of doubt, CA Approved Software (in a partner application) is offered subject to these Terms of Use and that partner’s Terms of Use.

1. License Grant. Subject to User’s compliance with these Terms, DMV hereby grants to User a personal, non-sublicensable, non-transferable, and non-exclusive terminable license to install and use the Software 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 Software 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 Software.

2. Use of the Software, Content, Trademarks, Ownership, License Restrictions.

2.1 These Terms are subject to the DMV Software 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 Software 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 Software 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 Software and the intellectual property rights in and to the Software, 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 Software and does not render User the owner of a copy of the Software. Ownership of the Software 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 Software is downloaded and installed.

2.4 The Software contains proprietary intellectual property rights belonging to DMV and its third-party licensors. User shall not directly or indirectly: (a) copy the Software; (b) transfer, sublicense, resell, distribute, publicly display or publicly perform the Software, 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 Software, or otherwise attempt to discover or derive the source code, confidential algorithms or techniques incorporated in the Software, or disclose or use any confidential information of DMV in any manner; (d) use the Software 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 Software separate and apart from the Software; (f) prepare derivative works based on the Software or any part thereof; or (g) circumvent, disable or otherwise interfere with security-related features in the Software. User may not use the Software 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 Software 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 Software.

2.5 The Software 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 Software without the consent of a parent or legal guardian. By using the Software, 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 Software 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 SOFTWARE, 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 SOFTWARE, 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 SOFTWAREA ND THE CONTENT IS AT USER’S OWN RISK. THE DMV PARTIES DO NOT WARRANT THAT THE SOFTWARE 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 SOFTWARE THAT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT. THE SOFTWARE 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 Software (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 Software is intended to constitute professional legal advice.

5. Consent to Data Use: Privacy. Pursuant to the Privacy Notice, DMV may track, collect and report anonymized technical data and information that does not personally identify User, including, without limitation, information relating to User’s mobile device and User’s use of the Software, to assist us in improving our products and providing User and other users with updates, support, and other services. User hereby consents to User’s use of this information for these purposes. Through this Software, User may have the ability to share certain personally identifiable information or other sensitive information (“Information”) with Relying Parties or other third parties. Information that may be shared by User with others through these or other means are shared by User at User’s own risk. Relying Parties or other third parties who may receive any information from User are not subject to the Privacy Notice; however, they may have their own privacy policy and terms and conditions that will apply to User and such information.

6. Limitations for Use of Software.

6.1 Government Services Available through the Software. The Software is designed to serve as a convenient resource for Californian residents to access a variety of Government services. That said, the Software is not a replacement for Government 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 Government service to which you are legally entitled solely on the basis of your inability or unwillingness to use the Software. By accessing the Software you acknowledge the following:

6.2 Physical Identification Card Still Required. The Software is provided for your convenience but does not replace your physical government-issued identification (such as a driver’s license or identification card). Government law enforcement agencies (federal, state, or local) are not required to accept your Software, and while businesses are encouraged to accept the Software, they are not required to do so. Government 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 Software can serve as a convenient secondary source for your identification, for the time being, you should continue to carry government-issued identification.

6.3 Software Restriction. To ensure the security of the Software and State systems and prevent fraud, you may not store your Software outside of the CA DMV Wallet or CA Approved Software. DMV may block, terminate or revoke your access to the Software if you attempt to make any changes to the Software issued to you by the CA DMV.

6.4 Access to Other Government Services. Please note that although the Software provides you access to various services offered by the Government, these Terms of Use only apply to your use of the Software, and not to the Government services received through the Software. Any Government services delivered through the Software are subject to the policies created by the Government agency that is responsible for delivering the service. Accordingly, DMV may only respond to questions or concerns related to the Software itself, and not Government services accessed through the Software. If you have any questions or concerns regarding a particular service offered by a government agency, you understand that you need to reach out to that agency directly to address your concerns.

6.5 Accepting Updates to the Software. Periodic refresh updates will be sent to the user’s Software. As a Software user, one must accept and allow updates to the Software for continued use and to keep the Software in a proper functioning state. Not allowing updates may result in inactive Software and the user may not be able to use the Software.

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 SOFTWARE 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 Software 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 Software, and destroy all copies, full or partial, of the Software. 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 Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software 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 Software, 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 Software 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 Software 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 Software by the Government constitutes acknowledgement of DMV’s proprietary rights in the Software as commercial computer software.

11. Third Party Licensors – Intended Third Party Beneficiaries. Portions of the Software 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. Miscellaneous.

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 Software, 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 Software to us at DMV Technical Support.

12.6 Third party wallet providers will have their own terms of use to which the user would also need to agree. For avoidance of doubt, the software owned and controlled by third party wallet providers is not included in the definition of software, unless such providers have entered into a license agreement with the CA DMV to that effect.