Terms of use

These terms and conditions (the “Terms”) govern your use of and access to Volvo Penta´s Developer Portal (the “Portal”). By using the portal, creating a user account with us or using the API’s (as defined below), you accept these Terms and an agreement is entered into between the signed in user (“the User”) and Volvo Penta, company registration number 556034-1330(“Penta”).

1. THE PORTAL 
The portal is accessed on https://developer.volvopenta.com/volvopenta/ext, where you as the User can read information about Penta’s application programming interfaces (the “API’s” or, individually, an “API”) and associated documentation, as well as accessing “try-it functionality”.

2. GRANT OF USE 
Provided that you accept and adhere to these Terms, Volvo Penta grants you as a User a personal, limited, non-transferable, non-exclusive right to access the Portal (which shall be revocable pursuant to these Terms) to read API documentation and use try-it functionality, solely for the purpose of learning about and understanding the APIs. 
You may not rent, lease, lend, sub-license or distribute any API information or any portion thereof. For clarity reasons, you understand that any use of the API’s try-it functionality outside of the Terms granted hereunder, including but not limited to external and commercial use by you, requires that you enter into a separate agreement with Penta. 
You may not decompile, modify, disassemble or reverse engineer an API or by any other means attempt to recreate the source code of the API or (if applicable) make copies for archival or disaster recovery purposes, other than as expressly permitted by mandatory law. You may not use the API information for any purposes prohibited by applicable law, and you may not use the portal to distribute viruses, trojans or similar programs. Penta does not allow automatic reading of the portal, the API documentation and try-it functionality.

3. RESERVATION OF RIGHTS 
Penta reserves all rights not expressly granted to you under these Terms. All intellectual property rights, title and ownership (including trademarks, patents, copyrights, etc.) to the API documentation and information provided by the try-it functionality remains with Penta.

Nothing in these Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 
These Terms apply to updates or supplements to the original API’s unless Penta provides other terms along with the update or supplement. You agree that the form and nature of the API’s that Penta provides may change without prior notice to you.

4. USERNAME AND PASSWORD 
To use the Portal, Penta will have to create a user account for you. Instructions on how to get a user account is found under “Sign up and get access”. 
Your account is personal, and you are not allowed to transfer your account to any third party or to allow a third party to use the Portal through your user account. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. Please note that if your account is left inactive during a period of 365 consecutive days, Penta has the right to cancel your user account.

5. PROCESSING OF PERSONAL DATA 
We may process personal data received in connection with the use of the Portal, such as your name, contact information and IP address. The personal data processing is made in accordance with our privacy policy. Please visit the Volvo Group Privacy homepage to find more information about Penta’s processing of your personal data. https://www.volvogroup.com/en-en/privacy.html

6. DISCLAIMER OF WARRANTY 
The Portal and its content are made available without warranties of any kind. Your use of the Portal is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the non-infringement, accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Portal and its content. 
There may be situations where the Portal will not be available, due to, but not limited to, maintenance, and circumstances beyond our control. Penta shall not be held liable to you or to any third-party for the unavailability of the Portal. 
You are responsible for securing your access to the network necessary to use the Portal. There may be costs for e.g. transfers of data. These costs are not paid by Penta. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Portal.

7. CHANGE OF TERMS OF THE PORTAL 
Penta has the right to make changes and updates to these Terms. Penta will inform you of any such changes. Penta reserves the right to modify or discontinue providing the Portal, temporarily or permanently, at our own discretion, or if required by law or by a decision by an authority. You accept that Penta shall not be liable to you or to any third-party for such modification, suspension, or discontinuance. Penta is not responsible to you for any third-party claims made against you.

8. TERMINATION 
You may terminate the portal user account at any time and request deletion of the user account credentials. The access to the portal will also be terminated if you fail to comply with any of the terms and conditions of these Terms. Penta may terminate the user account at any time at its sole discretion. Upon termination of the user account, you agree to immediately stop using the information retrieved from the portal.

9. EXPORT CONTROL 
Without in any way limiting the foregoing, USER shall refrain from providing any technical information or support related to Volvo Penta to any individual, company, public authority or other organization subject to economic sanctions imposed by the United Nations or any other international government organization, the European Union or its Member States (to the extent such Member State measures are applicable), or the United States (“Sanctioned Parties”), or otherwise involving Sanctioned Parties in transactions relating to Volvo Penta (such as, without limitation, in the context of aftermarket support and/or financing arrangements relating to Volvo Penta Products). For purposes of this Agreement, the term “Sanctioned Party” shall include any person or entity that has been specially designated for sanctions under sanctions lists maintained by the foregoing authorities, and any non-listed party that due to ownership or control (as applicable) by such specially designated party or parties is also subject to economic sanctions. 
Volvo Penta shall not be required to provide any goods, software, technology, funds, or services, or take any other action, to the extent doing so would be restricted under any applicable export controls or economic sanctions measures, including those imposed by United Nations or any other international government organization, the European Union or its Member States, or the United States, or other Legislation. 
User shall not, absent prior written approval from Volvo Penta, provide any technical information or support related to Volvo Penta with regard to any nuclear or military end-use or end-user, where such products or services are intended for use in a country subject to arms embargo. For the purpose of this clause military end-user shall include army, navy, air force, other military or para-military forces, security services, coast guards, police and other law enforcement agencies, or private contractors operating on behalf of any of the foregoing.

10. CONFIDENTIALITY 
The User undertakes not to disclose or reveal any information provided on the Portal, without Volvo Penta’s prior written consent, or otherwise use such information for any purpose other than for the use set out under section 2 above.  
This confidentiality undertaking shall not apply to information the User can prove  is public knowledge. Nor does this confidentiality undertaking apply when the User is required to disclose information in accordance with any law, enactment, stock market regulation or decision by governmental authorities.

11. APPLICABLE LAW AND DISPUTES 
These Terms shall be governed by the substantive law of Sweden, without regard to its conflict of law rules. 
Disputes arising out of or relating to the Terms shall be finally settled by arbitration in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce applicable at the time arbitration is called for. The arbitration proceedings shall be held in Gothenburg, Sweden. If not both Parties are domiciled in Sweden, the arbitration proceedings shall be conducted in English. 
The Parties undertake, without any limitations in time, not to disclose the existence and content of an award arising out of or in connection with this Agreement, nor to disclose information about negotiations, arbitrational proceedings or mediation arising out of or in connection with this Agreement. The aforementioned shall apply unless otherwise is provided by law, other regulations, decisions by an authority, stock exchange rules or good practices in the stock market or if it is necessary for the execution of an award.