VIDA License Agreement And Unauthorized Software (SMB00-332)

WARNING: This page is about the S80 T-6, which is a different variant/trim than selected.

Publication date: 2014-04-15
Reference number: SMB00-332

VIDA LICENSE AGREEMENT AND UNAUTHORIZED SOFTWARE

TECHNICAL SERVICE BULLETIN

Reference Number(s): SMB00-332, Date of Issue: April 15, 2014

VOLVO:	All Models
GROUP:	00
RELATED REF. NUMBER(S):	SMB00-332

SERVICE INFORMATION

"Right first time in Time" All Volvo Retailers and Independent Repairers are reminded to always follow the VIDA License Agreement. You and/or your employees are prompted to accept this License Agreement during the installation of each VIDA release. Without its acceptance, the VIDA system will not install on your computer. By accepting the VIDA License Agreement you are legally bound to follow it. There are no tolerances for the misuse of the VIDA system and vehicle software.

Violation of the VIDA License Agreement may not only constitute an infringement of intellectual property rights but also constitute a criminal offense, under relevant national and local legislation. At a minimum, violations will result in the termination of your access to the VIDA system.

A copy of the VIDA License Agreement is attached to this document.

Volvo Car's genuine software can only be purchased by and downloaded to a vehicle using Volvo Car Corporation's VIDA system.

Volvo's policy is that no software may be installed into a Volvo vehicle other than the authorized Polestar and/or software that is VCNA/VCC sourced.

Using unauthorized software(s) is a clear violation of the VIDA License Agreement. As stated above, there are no tolerances for misuse of the VIDA system or it's software.

Volvo's Performance Tuning Policy is as follows:

Volvo Car's genuine software can only be purchased by and downloaded using Volvo Car's VIDA system.
Each Volvo Retailer and Independent Repairer must adhere to the VIDA License Agreement.
Volvo Retailers and Independent Repairers are responsible to educate its VIDA workshop users about the VIDA License Agreement and enforce it so as to maintain the system's integrity. The Retailer Principal and Independent subscriber is responsible for misuse.
VIDA may not be manipulated with foreign software or hardware. Unauthorized access is forbidden. Security settings may not be altered.
The VIDA License Agreement will be enforced using various business and legal tools. If the agreement is violated VIDA access will be terminated.
No alternative Performance or Environmental enhancing tools/software shall be offered by a Volvo Retailer other than "Polestar".
If a contractual relationship currently exists, such cooperation needs to be ended, and all access to VIDA & Volvo software cease. Such software shall be returned to Volvo Cars.

Regards,

Scott Doering

Vice President Customer Service

LICENSE AGREEMENT FOR VIDA

VIDA ("the Service") is a program application provided by Volvo Personvagnar AB, registration number: 556074-3089 and the address S-405 31 Goteborg, (Volvo Car Corporation), Sweden ("VCC"). The Service is provided on-line ("VIDA on Web"), accessed via the World Wide Web, intranet or extranet, or provided as a stand alone application on DVD ("VIDA All-in-one") Both alternatives require installation of a specific software (the "Software"), which is provided by VCC. The Service is intended for business purposes only.

By clicking on the pop-up icon for the acceptance of License Agreement for VIDA, you acknowledge that you have read this License Agreement. VCC may from time to time modify this License Agreement. If and when these terms and conditions are changed, you will be prompted with the modified terms and conditions. Use of the Service after the posting, on the Website where you log in to the Service, of modifications to this License Agreement will constitute acceptance of the modified License Agreement. If you use a VIDA All-in-one version of the Service you should consult the central application server for updates of modified terms and conditions to this License Agreement each time you use the Service. Use of the Service after the posting, on the Website where you log in to the Service, of modifications to this License Agreement will constitute acceptance of the modified License Agreement. Access to VIDA requires that your web browser accepts cookies from VCC.

SCOPE

The object of the Service is to provide support to the dealership in repairing Volvo cars. VIDA on Web provides service and parts information, while VIDA All-in-one also provides diagnostics and software download functionality. The Service shall be available at any time with exceptions for service, maintenance or any unforeseen interruptions.

LICENSE

The Software, the Service and all software or information available through the Service are the property of VCC and are protected by copyright and other intellectual property laws. It may not be copied, reproduced, distributed, amended, modified or otherwise used, except as explicitly stated in this License Agreement. Any such unauthorized action may not only constitute an infringement of the relevant intellectual property rights but also constitute a criminal offense under relevant national or local legislation.

VCC hereby grants to you a non-exclusive license to use the Software and the Service in accordance with this License Agreement. The license also includes updates of the Software and the Service. You have no right to sub-license or transfer your rights under this License Agreement to any third party.

The Software may only be installed on the same number of computers as the number of licenses you hereby have acquired, and only on computers located at the specified geographical site (address). One site license is compulsory for each workshop.

As long as you are an official Volvo distributor, the license to the Service and the Software is granted without any limitation in time. The license granted for the Service and the Software shall however terminate if, and when, any distributorship agreement is terminated. In any other case, the license to the Software and Service is granted for such a period as is agreed upon.

The license is valid only as long as payment has been made of the license fees, for all licenses acquired, in accordance with VCC's from time to time applicable price list. Such price list may be amended at any time by VCC. If you are an official Volvo distributor, you agree to pay the license fees as per invoice. In any other case, you agree to pay the license fees in advance using your credit card.

Any software for a vehicle that is downloaded by use of the Service may only be installed unaltered in the specific vehicle for which it is intended. Such software shall be installed within a reasonable time after it was down-loaded. It is the user's responsibility to ensure that the latest version of such software made available by VCC is installed in the vehicle. You may not keep any copies of software after the downloaded software is installed in the vehicle.

Except with prior written authorization from VCC, no information, or any derivation, revision or combination thereof, received through the Service may be duplicated, reproduced, distributed, or otherwise disseminated, in whole or in part, in any form, to any third party except that limited reproduction is permitted for distribution within your internal organization. Under no circumstances may copies produced under this provision be offered for sale, resale, rent or loan. Any other form of extraction and re-utilization in the meaning of Article 7 of the Directive 96/9/EC of 11 March 1996 on the legal protection of databases is strictly forbidden.

Unauthorized copying or modification of the Software or the Service or failure to comply with this License Agreement will result in automatic termination of the license. Information received through the Service is to be used solely for internal purposes.

USE OF THE SERVICE

You shall assume that everything that can be seen or read on the Service as well as any information made available by use of the Service is copyrighted or protected by other intellectual property laws, unless otherwise stated and may not be used except as provided in this License Agreement without the written permission of VCC. All use of the Service is subject to the following restrictions.

VCC may at any time discontinue the dissemination of the Service and VCC shall not be liable for any resulting liability, loss or damages for discontinuing the dissemination of the Service.

If the Service is licensed to you on DVD as part of a subscription service you shall immediately install any updates provided by VCC. Older versions of the Service may not be used when an update is received from VCC.

The Service is the property of VCC and you shall make no use of the Service except in strict compliance with this License Agreement.

The Service is directed at trained technicians and all use of the Service is at your own sole risk.

Any information available on the Service may be downloaded and printed in one copy, however you may not make further copies thereof. The Customer shall use Service Information only for its individual use or in its business. The Customer agrees not to sell, transfer, assign, publish, distribute, disseminate, allow access to or convey any Service Information or any other information contained in or purchased by use of the Service, or any derivation, revision or combination thereof, to any third party.

You are entirely responsible for maintaining the confidentiality of any user id and password provided to you and you agree to notify your local support organization immediately of any unauthorized use of the Service or any other breach of security.

EQUIPMENT

You shall provide your own terminal, modem, peripherals and any other equipment (including software) necessary to access and use the Service. You shall be responsible for assuring that this equipment shall be compatible with the access requirements of The Service. VCC will publish such requirements on www.volvocars.com.

UPDATES

If a software vendor (e.g. Microsoft or other third party software providers) releases an update or a patch necessary to access and use the Service, you are responsible for downloading and installing such update.

WARRANTY

VCC warrants that the Service will provide the facilities and functions generally described at www. volvocars.com and that the media on which the Service is furnished will be free from defects in materials. If the media on which the Service is furnished contains a defect for which VCC can be held responsible, VCC shall have the right to, at its own discretion, remedy the defect, to replace media or to refund any fee paid and terminate this license. If VCC is unwilling or unable to remedy the defect or replace the media, or if such acts are delayed beyond a reasonable period of time for reasons for which VCC can be held responsible, or if remedy of the defect or replacement of the defective media purchased should fail, you shall be entitled to rescind this License Agreement. You have no right to claim damages in connection with such events or else under this License Agreement.

VCC and its affiliates, agents and representatives cannot and do not warrant the accuracy, completeness, currentness, non-infringement, merchantability or fitness for a particular purpose of the information available through the Service, or the Service itself.

No written or oral information or advice given by VCC, its affiliates, agents, representatives, employees or any other person shall create a warranty or in any way increase the extent of this warranty.

DISCLAIMER

All use of the Service is at your own sole risk and you are solely responsible for the use of any information obtained from the Service. The Service is provided "As is" and VCC does not guarantee the timeliness, sequence, accuracy or completeness of the Service or of any other information or messages.

The Service is intended to be used by trained professionals only. The Service is not a substitute for your professional judgment. The Service is intended to assist in servicing Volvo vehicles and to provide information related to Volvo vehicles. VCC shall not be liable in any manner whatsoever for the results obtained from use of the Service. Persons using the Service are responsible for the supervision, management and control of the Service and the information provided by the Service. This responsibility includes the determination of appropriate use of the Service and the selection of appropriate measures to achieve the intended result. Persons using the Service are also responsible for establishing appropriate procedures for testing vehicles repaired using the Service.

Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service as well as unavailability or interruptions of the Service for which VCC does not assume any responsibility. Moreover, VCC does not assume any liability if the Service, due to delays, omissions or inaccuracies by any third party, is not available to such extent as stated above.

LIMITATION OF LIABILITY

The Service is produced by VCC, based on the current state of the art and shall be continuously updated. Neither VCC, nor its affiliates, agents and representatives shall be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Service and any information through the Service. In particular, VCC shall not be liable for any loss or damages of any kind, including loss of data, lost profits cost of cover or other special, incidental, consequential or indirect damages arising out of the use or inability to use the Service. Insofar as the liability of VCC is excluded or limited, this shall apply also to the personal liability of its employees, representatives and other vicarious agents. Inasmuch as VCC violates a key contractual obligation by intent or gross negligence, the liability for damage to property or personal injury shall be limited to typical damages that occur.

VCC shall accept no liability for any orthographic, printing or arithmetical errors in the Service.

If the Service is distributed in abuse of this License Agreement, VCC shall be entitled to claim damages. VCC shall be entitled to immediately terminate this license if the Service is used in violation of this License Agreement.

In no event will VCC, its affiliates, agents and representatives be liable to you or anyone else for any decision made or action taken by you in reliance on the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Any cause of action concerning the Service and the information available through the Service must be commenced within six (6) months after such cause has occurred.

Nothing in this license agreement shall (or shall be deemed to) limit or exclude any liability that is not permitted to be limited or excluded by law.

DATA PROTECTION

You have read and understand the Internet Privacy Directive - Volvo Car Corporation and expressly consented to the collection, processing and utilization of your personal data by VCC in accordance with the Internet Privacy Policy.

TERMINATION

Both you and VCC may terminate this License Agreement, and the Service and the license under this License Agreement, at any time and without any cause. Such termination shall be made in writing, for example by e-mail and shall have immediate effect. Upon termination, the Service will immediately be disabled for you. Already paid purchase price, or parts thereof, will not be re-paid to you.

VCC TRADEMARKS

For the avoidance of doubt nothing in this License Agreement gives you the right to use any VCC trademarks. VCC shall terminate this License Agreement and the Service and the license under this License Agreement with immediate effect if you use VCC trademarks in any manner whatsoever without VCC's separate and express written authority. In the event of such termination, no further license will be granted to you. VCC also reserves the right to claim damages for any unauthorized use of VCC trademarks. For the purposes of this License Agreement "VCC trademarks" shall include any trademarks, devices or names owned by VCC or otherwise licensed by VCC from Volvo Trademark Holding AB.

APPLICABLE LAW AND VENUE

This License Agreement and any use of the Service or the Service Information shall be construed in accordance with and be governed by the material laws of Sweden with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive venue for all claims arising from the purchase contract that is entered into between the Customer and VCC, or from this License Agreement, shall be the district court of Gothenburg as first instance.

CONTACT INFORMATION

If you are Volvo Cars sales company or authorized dealer please use the TIE system to report your issues. If you don't have access to TIE please contact tissupp@volvocars.com.