Common use of Usage Requirements Clause in Contracts

Usage Requirements. You (and not Dell) are solely responsible for Your Application, and for any data that Your Application pulls or pushes via the API (“Application Data”). If You develop an Application while using the API Materials: (a) Your Application must offer substantial and different functionality than the functionality offered by Dell products, software and services (hereinafter called “Dell Offerings”), (b) You shall use reasonable technical and organizational security measures to protect any Application Data sent or received using the API, and (c) You shall ensure that Your Application does not make excessive or disruptive use of the API Materials. Dell may monitor Your use of the API Materials to verify Your compliance with these API Terms, improve Dell Offerings, and ensure quality, and You shall not interfere with this monitoring. You are solely responsible for complying with all applicable data localization, data protection, privacy and other laws and regulations relating to the collection, use and processing of Application Data by the API and Your Application, including without limitation providing any required notices or consents to end-users or customers and/or maintaining Application Data geographically in compliance with applicable data localization laws. If Your Application pulls or pushes Application Data via the API, You shall be responsible for ensuring you have all the rights necessary to pull or push such Application Data and process it using Your Application, and shall notify the user or customer that Dell is not responsible for Your Application or Your use of the Application Data.