Terms & Conditions

END USER LICENSE TERMS AND CONDITIONS - SCANIA TECHNICAL INFORMATION SHOP (SCANIA TIS).

THESE TERMS AND CONDITIONS HAVE BEEN ISSUED BY SCANIA CV AB (PUBL) (known hereinafter as the “Licensor”). READ THEM CAREFULLY BEFORE REGISTERING AS A USER OF SCANIA TIS. BY USING ANY SCANIA SOFTWARE OR INFORMATION CONTAINED IN SCANIA TIS, DOWNLOADED, STREAMED OR OTHERWISE MADE AVAILABLE TROUGH THE INTERNET OR OTHER USE OF THE SCANIA TIS SERVICE, YOU AND THE COMPANY YOU REPRESENT (known hereinafter as the “Licensee”) AGREE TO BE BOUND BY THE ENTIRE AGREEMENT. CONSEQUENTLY, IF YOU DO NOT CONSENT TO THIS OR HAVE NOT CONCLUDED A SPECIFIC AGREEMENT WITH THE LICENSOR REGARDING SCANIA TIS, YOU ARE NOT PERMITTED TO USE ANY ELEMENT OF SCANIA TIS.

PREAMBLE:

The Licensor has created both the software and the databases, including all technical information, that comprise Scania TIS. The Licensor or its Distributor will grant the Licensee a non-exclusive licence to use them and their associated documentation according to the terms and conditions set out herein, or if a separate agreement is concluded with it and these terms and conditions (hereinafter referred to as “this Agreement”), if not otherwise specifically agreed in writing between Licensor and Licensee.

1. Definitions

In this Agreement, unless indicated otherwise by the context, the following expressions have the following meanings:

Distributor means the party the Licensee pays a Licence Fee to which also grants the Licensee access to Scania TIS and consequently the Licensee has contacted in order to receive a UserID. In some cases, the Distributor and the Licensor may be the same legal entity, Scania CV AB (publ).

Licence means the licence granted by the Licensor pursuant to this Agreement.

Licence Fee means the amount payable for the use of the Licence according to the Agreement.

Licensed Work means all Software, including all software modules and updates, modifications, versions, enhancements, user's manuals, and all related documentation made available by the Licensor hereunder.

Licensor shall mean Scania CV AB.

Software means the software program, in binary code only, databases and data, including technical information, made available by the Licensor or its Distributor as a portion of Scania TIS through streaming, downloading or otherwise being available through the Internet.

User means any person authorised under this Agreement to have access to Licensed Work.

2. Licence

2.1 The Licensor hereby grants to the Licensee a non-exclusive and non-transferable licence to use the Licensed Work, subject to the terms and conditions hereinafter contained.

2.2 The Licensee shall use Licensed Work for its own business purposes only and for the agreed period of time in one geographical location only. The Licensee may not permit any third party to use the Licensed Work nor use the Licensed Work on behalf of or for the benefit of any third party in any way whatsoever.

2.3 The Licence shall be valid for the period the Licensee has paid Licence Fee for as from time to time agreed between the Distributor or Licensor and the Licensee, provided that this Agreement is not terminated in accordance with to the terms and conditions contained in this Agreement.

2.4 The Licensee may not reverse engineer, de-compile, disassemble or otherwise attempt to analyse or discover the contents, underlying ideas or techniques of any part of the Licensed Work by any means whatsoever.

2.5 The Licensee may not copy or reproduce the Licensed Work, unless so expressly permitted in writing by the Licensor.

2.6 The Licensee hereby acknowledges that it is licenced to use Licensed Work only in accordance with the express terms of the Agreement and not further or otherwise.

3. Warranty and force majeure

3.1 The Licensor will ensure that the Licensed Work provides the facilities and functions set out in the related documentation contained therein when properly used on suitable equipment. However, the Licensee is aware that failures of servers or Internet connections, or other failures of telecom operators, Internet service providers or other parties for which neither the Licensor nor its Distributor are responsible, may lead to that Licensed Work being temporarily non accessible. For such failure to retrieve Licensed Work, neither the Distributor nor the Licensor shall have any liability whatsoever.

3.2 The Licensor shall have no liability or obligations under the said warranty other than to remedy breaches for which it or Distributor is responsible, by the provision of materials and services deemed necessary by the Licensor for the proper functioning within a reasonable time and without charge to the Licensee. If the Licensor shall fail to comply with such obligations its liability for all such failures shall be limited to a maximum sum equal to an amount corresponding to the pro rata portion of the paid Licence Fee for the period the Licence cannot be used. The Licensor shall not be responsible for any errors in the Licensed Work or failure insofar as any such errors or failures occur in or are caused by the Licensee making alterations to the Licensed Work.

3.3 The Licensor shall make and the Licensee shall receive no representation, condition or warranty, expressed, implied or having statutory effect, either in any other provision of this Agreement or in communication with the Licensee or any user, in respect of Licensed Work or services; furthermore, the Licensor specifically disclaims any implied warranties, whether relating to merchantability, fitness for a particular purpose or any other matter.

3.4 Should any default in accessing the Licensed Work be caused by force majeure, including but not limited to strikes, lockout, government actions or any other circumstances outside the reasonable control of the Licensor or Distributor, then the Licensor and/or Distributor shall be fully excused from any liability whatsoever.

3.5 The Licensor or Distributor may also perform necessary service or updates of its systems related to Licensed Works or otherwise to this Agreement without incurring liability towards the Licensee.

4. Proprietary rights

4.1 The Licensed Work and the copyright and other intellectual property rights of whatever nature within the Licensed Work are and shall remain the property of the Licensor. The Licensee shall notify the Licensor immediately if the Licensee becomes aware of any unauthorised use of the whole or any part of the Licensed Work.

4.2 The Licensee will permit the Licensor to audit the use of the Licensed Work by the Licensee at any time considered reasonable.

5. Intellectual property rights indemnity

The Licensor shall indemnify the Licensee against any claim that normal use of the Licensed Work infringes the intellectual property rights of any third party, provided that the Licensor is given immediate and complete control of such a claim, that the Licensee does not prejudice the Licensor's defence of such a claim, that the Licensee gives the Licensor all reasonable assistance with such a claim and that the claim does not arise as a result of the use of the Licensed Work in combination with any equipment or programs not made available or approved by the Licensor. The Licensor shall have the right to replace or change all or any part of the Licensed Work in order to avoid any infringement. This text comprises the entire liability of Licensor to Distributor in respect of the infringement of the intellectual property rights of any third party.

6. Confidentiality

6.1 The Licensee agrees not to reproduce, publish, release, transfer, translate or make available to others any portion of the Licensed Work or to prepare or copy derivative or collective works based upon and/or containing any portion of the Licensed Work without the prior written consent of the Licensor.

6.2 The previous obligations relating to confidentiality shall remain in full force and effect, notwithstanding any termination of the Licence or this Agreement.

7. Termination

7.1 The Licensee may at any time terminate this Agreement without cause, in which case the Licensee shall not be entitled to repayment of any part of the Licence Fee already paid.

7.1 If this Agreement is terminated or the Licence ceases to be valid according what is set out in Article 2.3 above, the Licensee shall immediately cease use of the Licensed Work and shall if applicable promptly return or destroy all originals and all materials related to the Licensed Work and media received or downloaded from the Licensor or Distributor and/or any other material furnished by the Licensor or Distributor to the Licensee in connection with this Agreement, including any modifications, and all supplementary or related program materials and information.

7.2 The Licensor may terminate this Agreement with immediate effect in the event of the Licensee committing a material breach of this Agreement, which is not corrected upon request by the Licensor.

8. Liability

The Licensor shall have no liability for any incidental, special, consequential or exemplary damages of any description, including, without limitation, damages directly or indirectly arising from the use or non-use of the Licensed Work or services, provided by the Licensor, or loss of profits, whether arising out of warranty or contract, negligence, or other non-intentional tort or otherwise. Under no circumstances shall the Licensor’s and Distributor’s liability exceed the applicable right to the licence fee paid by Licensee under this Agreement, regardless of the form of the action. The Licensee expressly agrees that the limitations of incidental, special, consequential and exemplary damages set forth above are agreed allocations of risk, are reflected in the fees that have been agreed to between the parties herein, and shall survive the determination of any court of competent jurisdiction that any remedy provided herein fails in its essential purpose.

9. Law

This Agreement shall be governed by and construed in accordance with the laws of Sweden.

10. Disputes

Disputes in connection with this Agreement, or further agreements resulting thereof, shall not be taken to a court of law but shall be finally settled by arbitration in Sweden according to Swedish law. However, if chosen by the Licensor, the governing law and competent courts shall be those of the country of the Licensee. Furthermore, the Licensor shall be at liberty to seek restraining orders and other relief in respect of any wrongful use of the Licensed Works in any appropriate way.