Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
PARTIES:
SCANIA CV AB, SE-151 87 SDERTLJE (the Licensor)
SCANIA IMPORTER, DISTRIBUTOR/DEALER OR SERVICE POINT (the Licensee)
PREAMBLE:
Scania CV AB has created a computerised program, including databases, called Scania Multi. Scania will
deliver this program to its authorized distributors/dealers and service points and grant them a non-exclusive
license to use it and its associated documentation upon the terms and conditions hereinafter contained:
1. Definitions
In this Agreement, unless the context otherwise requires, the following expressions have the following
meanings:
The License means the license granted by the Licensor pursuant to this Agreement.
The Licensed Work means all the computerised software program and databases for Information
processing, software modules and all updates, modifications, versions, enhancements, user's manuals, and
all related documentation delivered by the Licensor hereunder, but does not include information, supplied
only by the Licensee.
The Media means any means for distributing the Licensed Work including but not limited to floppy disks,
hard disks, tape cassettes, laser discs, CD- ROM discs, and modem transfer.
User means any person authorised under this Agreement or permitted sub-license agreements to have
access to the Licensed Work.
3. License
3.1 The Licensor hereby grants to the licensee a non-exclusive and non-transferable license to use the
Licensed Work, subject to the terms and conditions hereinafter contained.
3.2 The Licensee shall use the Licensed Work for its own business purposes only. The Licensee shall not
permit any third party, with the exception of its Branches, 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. For all purposes of this
Agreement, Licensee's business shall be deemed to be limited to promoting, marketing, distributing, selling
and servicing products manufactured, distributed or sold by the SCANIA-organisation as well as for
training related to SCANIA business activities.
3.3 The Licensee hereby acknowledges that it is licensed to use the Licensed Work only in accordance with
the express terms of this Agreement and not further or otherwise.
4. Warranty
4.1 The Licensor warrants that the Licensed Work will provide the facilities and functions set out in the
related documentation contained therein when properly used on suitable equipment.
4.2 The Licensor shall have no liability or obligations under the said warranty other than to remedy
breaches thereof by the provision of materials and services deemed necessary by 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
one annual License. The Licensor shall not be responsible for any error in the Licensed Work or failure
insofar as such error or failure occurs in or is caused by the Licensee making alterations of the Licensed
Work.
4.3. Licensor makes and Licensee receives no representation, condition or warranty, expressed, implied or
statutory, in any other provision of this Agreement or communication with Licensee or user with respect to
the Licensed work or services, and Licensor specifically disclaims any implied warranties whether as to
merchantability, fitness for a particular purpose or any other matter.
5. Proprietary rights
5.1. The Licensed Work and the copyright and other intellectual property rights of whatever nature in 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.
5.2 The Licensee will permit the Licensor to check the use of the Licensed Work by the Licensee at all
reasonable times.
9. Liability
Licensor shall have no liability for any incidental, special, consequential or exemplary damages of any
description, including, without limitation, damages directly or indirectly arising out of the installation,
removal, use or non-use the Licensed work or services, provided by Licensor, or less of profits, whether
arising out of warranty or contract, negligence, or other non-intentional tort or otherwise. Under no
circumstances shall licensors liability exceed the applicable right to license fee paid by Licensee under this
Agreement, regardless of the form of the action. 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 of its essential purpose.
10. Law
This Agreement shall be governed by and construed in accordance with the laws of Sweden.
11. 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 release, publication or use of the Licensed Works in any appropriate way.