This End-User License Agreement (the “Agreement”) is a binding legal agreement between you (either an individual or a single entity) and Delco Dispatch, LLC (the “Company”). By registering or using Delco Dispatch (the “Software Product”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to register for, or use the Software Product. The Software Product may include associated software components, media, printed materials, “online” or electronic documentation, and any and all copies and derivative works of such software program and documentation. This license Agreement supersedes any prior proposal, representation, or understanding between the parties.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
(1a) Installation and Use
This Agreement grants a non-transferable license to install and use the Software Product for a specific individual. Additional user registrations must be created for other individuals to use the Software Product. The Company reserves the right to determine whether use of the Software Product qualifies under this Agreement. The Company owns all rights, title and interest to the Software Product (including all intellectual property rights) and reserves all rights to the Software Product that are not expressly granted in this Agreement.
(2a) Maintenance of Copyright Notices
You must not remove or alter any branding or copyright notices on any and all copies of the Software Product.
You may not sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software Product or its Source Code, in whole or in part, in any form to any third parties.
(2c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Software Product or its Source Code.
You may not rent, lease, or lend the Software Product.
(2e) Support Services
Company may or may not provide you with support services related to the Software Product (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this Agreement.
(2f) Alert Services
Company may or may not provide you with alert services related to the Software Product ("Alert Services"). Any Alert Services provided may be terminated or subject to change at any time, with or without notice. Company is not liable for malfunction of Alert Services, or failure of Alert Services to properly send emails, text messages, or "Active 911" alerts to Authorized Users. With the exception of alerts sent to "Active 911", no Authorized User shall add, edit, alter, or otherwise configure alerts to be sent to any other individual or group of individuals.
(2g) Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the Software Product.
(2h) Valid Licensed Email Address
You must maintain the email address used to register your license for the Software Product (see 4c below).
All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by the Company. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted are reserved by Company.
(4a) General Terms of Termination
You may use the Software Product under this Agreement until either party terminates this Agreement as set forth in this section. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall, destroy all files, and cease all use of the Software Product. Sections 2b, 2c, 2d and sections entitled “No Warranties,” “Indemnification,” and “Limitation of Liability” will survive any termination of this Agreement.
(4b) License Violation Termination
In the event of license termination due to violation of the Agreement, all terms of section (4a) remain in force with the additional measure that all satisfaction guarantees, written or implied, are nullified.
(4c) Active Administrator
In order to keep your license in good standing you must maintain the valid email address used to register for the Software Product license. If that email address becomes invalid or if we are unable to contact you via the email address registered to your license for a period longer than 14 days, we reserve the right to terminate your license due to invalid or inactive administrator on the licensed domain.
Company expressly disclaims any warranty for the Software Product. The Software Product is provided “as is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product. You assume all risk associated with the quality, performance, installation and use of the Software Product, including, but not limited to, the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations. You are solely responsible for determining the appropriateness of the use of the Software Product and assume all risks associated with its use. Company further expressly disclaims any warranty or representation to Authorized Users or to any third party.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Company, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software Product or any other matter relating to the Software Product.
In no event shall Company be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of “Authorized Users” use of or inability to use the Software Product, even if Company has been advised of the possibility of such damages. In no event will Company be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Company shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will the Company's total cumulative damages exceed the fees you paid to the Company under this Agreement in the most recent twelve-month period.
(8a) Definition of website
A “website” is defined as a single domain, excluding sub-domains, that operates as a single entity. What constitutes a single entity shall be at the sole discretion of the Company.
(8b) Definition of Source Code
(8c) Definition of Authorized Users
“Authorized Users” are individuals or single entities that have been licensed to use the Software Product according to this Agreement.
We may revise these Terms from time to time. The most current version will always be at delcodispatch.com/license. If the revision, in our sole discretion, is material we will notify you via social media or e-mail to the email associated with your license. By continuing to access or use the Software Product after those revisions become effective, you agree to be bound by the revised Agreement.