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Dinan Flash License Agreement
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01-03-2008, 03:43 AM | #1 |
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Dinan Flash License Agreement
As comical as this may sound, I have to ask.
When you plunk down the $2000 for the Dinan flash, should you not have the right to have it remove/re-add to your vehicle as often as you wish (so long as you pay the labor fee)? Going a step further, if you bought another 335 (i.e. trade my 2007 for a 2008), one could argue that you should be able to transfer it to this new vehicle so long as the flash was removed from the old one. Since this is really software we are talking about, I use the analogy of buying a new computer. Under most software license agreements, you can install the existing software from the old computer onto the new computer so long as you remove it from the old one. Yeah I know I oversimplified that, but you see what I mean. I bring this up because I have concerns about the how well the vehicle would handle in a winter climate given the extra power/torque. I thought MAYBE if it is too dangerous, I could get the flash installed in the spring and have it removed when winter starts...and repeat year over year. Today I spoke with my local dealer who mentioned that once its flashed, it can be removed but that is it. NO re-installs. Seems like BS to me....if I'm paying $2k for, in essence, software then it should be mine to utilize as I see fit. No I don't mean having the actual flash install (although..hmmm), but rather be able to reinstall as often as I request so long as I pay for the labor to do so. Yeah I get this isn't something that you would do on a weekly basis, but annually due to my snow/ice concerns doesn't seem that unreasonable. Maybe the car handles just fine in a winter climate and I never have to worry about this...but I don't like the idea of the 1 and done deal. Are you presented with some sort of license agreement at the time of install? Other thoughts?
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'15 640i Grand Coupe - Carbon Metallic - Auto|Nav|F06
'07 335i Coupe - Space Gray - Auto|Nav|Sport|Heated Seats|BT|PDC|Sirius|HD|6FL (Retired) '05 525i - Space Gray - Auto| Heated Seats|BT|Sirius (Retired) |
01-03-2008, 05:10 AM | #3 |
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Do you have to sign some licensing agreement at the time of purchase/install? If not, check with Dinan and see if they have one for you to review.
BTW, I bet imolazhp ci has the answer for world peace too. |
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01-03-2008, 05:13 AM | #4 |
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i have a few ideas, however, that's for a different time and place and i would imagine my ideas would be met by a vastly hostile group of respondents.
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01-03-2008, 06:14 AM | #5 |
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Well, I used to have APR software on my '01 S4, and I would switch it into stock mode during the upper state new york winters. didn't need all of the extra power of chipped 94 octane mode while trying to deal with icy roads, snow mounds 8 feet tall (yes, last winter 13 feet in 4 days), bad visibility, and everything else.
So, I agree with your desire. I had the same one, and choose my S4's software accordingly.
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01-03-2008, 06:16 AM | #6 |
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Haha, maybe you could start with universal peace on e90post.
Last edited by lawdude; 01-03-2008 at 07:04 AM.. |
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01-03-2008, 06:29 AM | #7 |
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You bring up an interesting point. For the money I don;t see why you shouldn't be able to transfer the flash from one car to another. You could with any other tuning solution currently.
It would be nice to have it setup like APR software. Where you can cycle through several maps without actually reflashing anything. As far as worrying about the power in the winter. Don't. You've still got DSC and a throttle not an on/off switch. |
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01-03-2008, 10:53 AM | #8 |
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This is a good point. Can someone scan their Dinan agreement, or whatever they give you? I don't think they can legally keep you from the software you purchased. What I think they can do, and obviously do practice, is refusing the service of transferring your flash. Since that is a service, and not the actual product, they have a right of refusal.
If you can figure out how to "download" the software and reflash it yourself, I don't think they can stop you from doing that.
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01-03-2008, 11:01 AM | #9 |
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With computer software, the OP's statement is not entirely true.
When I had my old Norton Int. Sec. 2007, the licensing agreement said you could install it 5 times. My original PC crapped out, so I built a new one. What they don't tell you up front is that your new installation is considered "1" of the 5 total installations. I would think that Dinan would only allow "1 installation," but I may be wrong.
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01-03-2008, 11:42 AM | #11 | |
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Quote:
"Under most software license agreements, you can install the existing software from the old computer onto the new computer so long as you remove it from the old one. Yeah I know I oversimplified that, but you see what I mean." I was merely trying to bring up a simple example, not meant to be all encompassing. So, does a Dinan Software License actually exists...better yet...are you presented with it and have to agree with it at the time of install?
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'07 335i Coupe - Space Gray - Auto|Nav|Sport|Heated Seats|BT|PDC|Sirius|HD|6FL (Retired) '05 525i - Space Gray - Auto| Heated Seats|BT|Sirius (Retired) |
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01-03-2008, 11:45 AM | #12 | |
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Last edited by Bubbles; 01-03-2008 at 03:42 PM.. |
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01-03-2008, 03:11 PM | #14 | |
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Of course state law must be considered, however, generally computer software is considered to fall within the definition of "goods" for UCC purposes.
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Last edited by Bubbles; 01-03-2008 at 03:40 PM.. |
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01-03-2008, 06:26 PM | #15 | |
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Haha, that sounds like technical lawyer stuff. I don't have Dinan's software so I'm not really interested. Maybe you could explain to the OP how all that "UCITA-goods-license-bombshelter" language applies to his situation. I'll stand on the sidelines as you procede to explain technical. |
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01-03-2008, 06:56 PM | #16 | |
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01-11-2008, 08:41 PM | #18 |
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Quite original azzface.
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'15 640i Grand Coupe - Carbon Metallic - Auto|Nav|F06
'07 335i Coupe - Space Gray - Auto|Nav|Sport|Heated Seats|BT|PDC|Sirius|HD|6FL (Retired) '05 525i - Space Gray - Auto| Heated Seats|BT|Sirius (Retired) |
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01-11-2008, 11:02 PM | #20 |
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I believe you can reinstall it only on the car with the VIN that it was originally installed on. So if you have it installed on car with vin#1, you cannot buy car with vin#2 and get it installed. Imagine if you had more than one 335i in the family and said "oh yea I traded it in for this one today, so I need the flash again". Dinan would have to do some more leg work to verify this, etc. Also, what I understand to be true, if BMW flashes the ECU for service or a software update, then the Dinan flash can be reapplied at the cost of labor. So it isn't a free install, but it won't cost you $2000 every time you have your software updated/ECU flashed.
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Legal Disclaimer: Anything I or anyone else says about my vehicle on this website(e90post.com or any affiliated or nonaffiliated sites), pertaining to modifications, is only to gain acceptance from my/our peers, and does not actually represent anything actually existing on my car, and thus, cannot be held against me in any issues, i.e. warranty claims, that may arise.
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