SYNC® End User License Agreement (EULA)
• You have acquired a device (“DEVICE”) that includes software licensed by Ford Motor Company and its affiliates (“FORD MOTOR COMPANY”) from an affiliate of Microsoft Corporation (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic documentation (“MS SOFTWARE”) are protected by international intellectual property laws and treaties. The MS SOFTWARE is licensed, not sold. All rights reserved.
• The MS SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by FORD MOTOR COMPANY. The additional software and systems of FORD MOTOR COMPANY origin, as well as associated media, printed materials, and “online” or electronic documentation (“FORD SOFTWARE”) are protected by international intellectual property laws and treaties.
The FORD SOFTWARE is licensed, not sold. All rights reserved.
• The MS SOFTWARE and/or FORD SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by third party software and service suppliers. The additional software and services of third party origin, as well as associated media, printed materials, and “online” or electronic documentation (“THIRD PARTY SOFTWARE”) are protected by international intellectual property laws and treaties. The THIRD PARTY SOFTWARE is licensed, not sold.
All rights reserved.
• The MS SOFTWARE, FORD SOFTWARE and THIRD PARTY SOFTWARE hereinafter collectively and individually will be referred to as SOFTWARE. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA grants you the following license: • You may use the SOFTWARE as installed on the DEVICE and as otherwise interfacing with systems and/or services provide by or through FORD MOTOR COMPANY or its third party software and service providers.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
• Speech Recognition:
If the SOFTWARE includes speech recognition component(s), you should understand that speech recognition is an inherently statistical process and that recognition errors are inherent in the process. Neither FORD MOTOR COMPANY nor its suppliers shall be liable for any damages arising out of errors in the speech recognition process.
• Limitations on Reverse Engineering, Decompilation and Disassembly:
You may not reverse engineer, decompile, or disassemble nor permit others to reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Limitations on Distributing, Copying, Modifying and Creating Derivative Works:
You may not distribute, copy, make modifications to or create derivative works based on the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Single EULA
: The end user documentation for the DEVICE and related systems and services may contain multiple EULAs, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). Even if you receive multiple EULAs, you are licensed to use only one (1) copy of the SOFTWARE.
• SOFTWARE Transfer:
You may permanently transfer your rights under this EULA only as part of a sale or transfer of the DEVICE, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
Without prejudice to any other rights, FORD MOTOR COMPANY or MS may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
• Security Updates/Digital Rights Management:
Content owners use the WMDRM technology included in your DEVICE to protect their intellectual property, included copyrighted content. Portions of the SOFTWARE on your DEVICE use WMDRM software to access WMDRM-protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft to revoke the
SOFTWARE’s ability to use WMDRM to play or copy protected content. This action does not affect unprotected content. When your DEVICE downloads licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade the SOFTWARE on your DEVICE to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
• Consent to Use of Data:
You agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may collect and use technical information gathered in any manner as part of product support services related to the SOFTWARE or related services. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and services suppliers, their affiliates and/or their designated agent may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may disclose this information to others, but not in a form that personally identifies you.
• Internet-Based Services Components:
The SOFTWARE may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and service suppliers, their affiliates and/or their designated agent may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your DEVICE.
• Additional Software/Services:
The SOFTWARE may permit FORD MOTOR COMPANY, third party software and service suppliers, MS, Microsoft Corporation, their affiliates and/or their designated agent to provide or make available to you SOFTWARE updates, supplements, add-on components, or Internet-based services components of the SOFTWARE after the date you obtain your initial copy of the SOFTWARE (“Supplemental Components”).
If FORD MOTOR COMPANY or third party software and services suppliers provide or make available to you Supplemental Components and no other EULA terms are provided along with the Supplemental Components, then the terms of this EULA shall apply.
If MS, Microsoft Corporation, their affiliates and/or their designated agent make available Supplemental Components, and no other EULA terms are provided, then the terms of this EULA shall apply, except that the MS, Microsoft Corporation or affiliate entity providing the Supplemental Component(s) shall be the licensor of the Supplemental Component(s).
FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates and/or their designated agent reserve the right to discontinue without liability any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
• Links to Third Party Sites:
The MS SOFTWARE may provide you with the ability to link to third party sites through the use of the SOFTWARE. The third party sites are not under the control of MS, Microsoft Corporation, their affiliates and/or their designated agent.
Neither MS nor Microsoft Corporation nor their affiliates nor their designated agent are responsible for (i) the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites, or (ii) webcasting or any other form of transmission received from any third party sites. If the SOFTWARE provides links to third party sites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party site by MS, Microsoft Corporation, their affiliates and/or their designated agent.
• Obligation to Drive Responsibly:
You recognize your obligation to drive responsibly and keep attention on the road. You will read and abide with the DEVICE operating instructions particularly as they pertain to safety and assumes any risk associated with the use of the DEVICE.
UPGRADES AND RECOVERY MEDIA:
If the SOFTWARE is provided by FORD MOTOR COMPANY separate from the DEVICE on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled “For Upgrade Purposes Only” or For Recovery Purposes Only you may install one (1) copy of such SOFTWARE onto the DEVICE as a replacement copy for the existing SOFTWARE, and use it in accordance with this EULA, including any additional EULA terms accompanying the upgrade SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:
All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by MS, Microsoft Corporation, FORD MOTOR COMPANY, or their affiliates or
suppliers. The SOFTWARE is licensed, not sold. You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
You acknowledge that the SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
This EULA does not grant you any rights in connection with any trademarks or service marks of FORD MOTOR COMPANY, MS, Microsoft Corporation, third party software or service providers, their affiliates or suppliers.
Product support for the SOFTWARE is not provided by MS, its parent corporation Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to FORD MOTOR COMPANY instructions provided in the documentation for the DEVICE. Should you have any questions concerning this EULA, or if you desire to contact FORD MOTOR COMPANY for any other reason, please refer to the address provided in the documentation for the DEVICE.
No Liability for Certain Damages:
EXCEPT AS PROHIBITED BY LAW, FORD MOTOR COMPANY, ANY THIRD PARTY SOFTWARE OR SERVICES SUPPLIERS, MS, MICROSOFT CORPORATION AND THEIR AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS, MICROSOFT CORPORATION AND/OR THEIR AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
• THERE ARE NO WARRANTIES OTHER THAN THOSE THAT MAY EXPRESSLY BE PROVIDED FOR YOUR NEW VEHICLE.
Contains Adobe® [Flash® Player] or [AIR®] technology by Adobe Systems Incorporated. This [Licensee Product] contains [Adobe® Flash® Player] [Adobe® AIR®] software under license from Adobe Systems Incorporated, Copyright 1995-2009 Adobe Macromedia Software LLC.
All rights reserved. Adobe, Flash and AIR are trademarks of Adobe Systems Incorporated.
End user notice
Microsoft® Windows® Mobile for Automotive Important Safety Information
This system Ford SYNC™ contains software that is licensed to Manufacturer FORD MOTOR COMPANY by an affiliate of Microsoft Corporation pursuant to a license agreement. Any removal, reproduction, reverse engineering or other unauthorized use of the software from this system in violation of the license agreement is strictly prohibited and may subject you to legal action.
Read and follow instructions
Before using your Windows Automotive-based system, read and follow all instructions and safety information provided in this end user manual (“User’s Guide”). Not following precautions found in this User’s Guide can lead to an accident or other serious consequences.
Keep User’s Guide in Vehicle
When kept in the vehicle, the User’s Guide will be a ready reference for you and other users unfamiliar with the Windows Automotive-based system. Please make certain that before using the system for the first time, all persons have access to the User’s Guide and read its instructions and safety information carefully.
Operating certain parts of this system while driving can distract your attention away from the road, and possibly cause an accident or other serious consequences. Do not change system settings or enter data non-verbally (using your hands) while driving. Stop the vehicle in a safe and legal manner before attempting these operations. This is important since while setting up or changing some functions you might be required to distract your attention away from the road and remove your hands from the wheel.
Voice Command Control
Functions within the Windows Automotive-based system may be accomplished using only voice commands. Using voice commands while driving allows you to operate the system without removing your hands from the wheel.
Prolonged Views of Screen
Do not access any function requiring a prolonged view of the screen while you are driving. Pull over in a safe and legal manner before attempting to access a function of the system requiring prolonged attention. Even occasional short scans to the screen may be hazardous if your attention has been diverted away from your driving task at a critical time.
Do not raise the volume excessively. Keep the volume at a level where you can still hear outside traffic and emergency signals while driving.
Driving while unable to hear these sounds could cause an accident.
Use of Speech Recognition Functions
Speech recognition software is inherently a statistical process which is subject to errors. It is your responsibility to monitor any speech recognition functions included in the system and address any errors.
Any navigation features included in the system are intended to provide turn by turn instructions to get you to a desired destination. Please make certain all persons using this system carefully read and follow instructions and safety information fully.
Any navigation features may require manual (non-verbal) setup.
Attempting to perform such set-up or insert data while driving can seriously distract your attention and could cause an accident or other serious consequences. Stop the vehicle in a safe and legal manner before attempting these operations.
Let Your Judgment Prevail
Any navigation features are provided only as an aid. Make your driving decisions based on your observations of local conditions and existing traffic regulations. Any such feature is not a substitute for your personal judgment. Any route suggestions made by this system should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices.
Do not follow the route suggestions if doing so would result in an unsafe or illegal maneuver, if you would be placed in an unsafe situation, or if you would be directed into an area that you consider unsafe. The driver is ultimately responsible for the safe operation of the vehicle and therefore, must evaluate whether it is safe to follow the suggested directions.
Potential Map Inaccuracy
Maps used by this system may be inaccurate because of changes in roads, traffic controls or driving conditions. Always use good judgment and common sense when following the suggested routes.
Do not rely on any navigation features included in the system to route you to emergency services. Ask local authorities or an emergency services operator for these locations. Not all emergency services such as police, fire stations, hospitals and clinics are likely to be contained in the map database for such navigation features.
TeleNav Software End User License Agreement
Please read these terms and conditions carefully before you use the TeleNav Software. Your use of the TeleNav Software indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not break the seal of the package, launch, or otherwise use the TeleNav Software.
1. Safe and Lawful Use
You acknowledge that devoting attention to the TeleNav Software may pose a risk of injury or death to you and others in situations that otherwise require your undivided attention, and you therefore agree to comply with the following when using the TeleNav Software: (a) observe all traffic laws and otherwise drive safely; (b) use your own personal judgment while driving. If you feel that a route suggested by the TeleNav Software instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions; (c) do not input destinations, or otherwise manipulate the TeleNav Software, unless your
vehicle is stationary and parked; (d) do not use the TeleNav Software for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement; (e) arrange all GPS and wireless devices and cables necessary for use of the TeleNav Software in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
You agree to indemnify and hold TeleNav harmless against all claims resulting from any dangerous or otherwise inappropriate use of the TeleNav Software in any moving vehicle, including as a result of your failure to comply with the directions above.
2. Account Information
You agree: (a) when registering the TeleNav Software, to provide TeleNav with true, accurate, current, and complete information about yourself, and (b) to inform TeleNav promptly of any changes to such information, and to keep it true, accurate, current and complete.
3. Software License
3. Software License Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license (except as expressly permitted below in connection with your permanent transfer of the TeleNav Software license), without the right to sublicense, to use the TeleNav Software (in object code form only) in order to access and use the TeleNav Software. This license shall terminate upon any termination or expiration of this Agreement. You agree that you will use the TeleNav Software only for your personal business or leisure purposes, and not to provide commercial navigation services to other parties.
3.1 License limitations
You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software or any part thereof; (b) attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav; (c) remove from the TeleNav Software, or alter, any of TeleNav’s or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; (d) distribute, sublicense or otherwise transfer the TeleNav Software to others, except as part of your permanent transfer of the TeleNav Software; or (e) use the TeleNav Software in any manner that (i) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any party, (ii) violates any law, statute,
ordinance or regulation, including but not limited to laws and regulations related to spamming, privacy, consumer and child protection, obscenity or defamation, or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; and (f) lease, rent out, or otherwise permit unauthorized access by third parties to the TeleNav Software without advanced written permission of TeleNav.
To the fullest extent permissible pursuant to applicable law, in no event will TeleNav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the TeleNav Software. TeleNav also does not warrant the accuracy of the map or other data used for the TeleNav Software. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions. You are responsible for the entire risk arising out of your use of the TeleNav Software. For example but without limitation, you agree not to rely on the TeleNav Software for critical navigation in areas where the well-being or survival of you or others is dependent on the accuracy of navigation, as the maps or functionality of the TeleNav Software are not intended to support such high risk applications, especially in more remote geographical areas.
TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES IN CONNECTION WITH THE TELENAV SOFTWARE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE TELENAV SOFTWARE. Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you.
5. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE TELENAV SOFTWARE, EVEN IF TELENAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF TELENAV AND OF ALL OF TELENAV’S SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE TELENAV SOFTWARE. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the TeleNav Software shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association in the County of Santa Clara, California. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. You expressly agree to waive your right to a jury trial.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. To the extent judicial action is necessary in connection with the binding arbitration, both TeleNav and you agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
You may not resell, assign, or transfer this Agreement or any of your rights or obligations, except in totality, in connection with your permanent transfer of the TeleNav Software, and expressly conditioned upon the new user of the TeleNav Software agreeing to be bound by the terms and conditions of this Agreement. Any such sale, assignment or transfer that is not expressly permitted under this paragraph will result in immediate termination of this Agreement, without liability to TeleNav,
in which case you and all other parties shall immediately cease all use of the TeleNav Software. Notwithstanding the foregoing, TeleNav may assign this Agreement to any other party at any time without notice, provided the assignee remains bound by this Agreement.
8.1 This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.
8.2 Except for the limited licenses expressly granted in this Agreement, TeleNav retains all right, title and interest in and to the TeleNav Software, including without limitation all related intellectual property rights. No licenses or other rights which are not expressly granted in this Agreement are intended to, or shall be, granted or conferred by implication, statute, inducement, estoppel or otherwise, and TeleNav and its suppliers and licensors hereby reserve all of their respective rights other than the licenses explicitly granted in this Agreement.
8.3 By using the TeleNav Software, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the TeleNav Software (collectively, “Notices”) electronically. TeleNav may provide such Notices by posting them on TeleNav’s Website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the TeleNav Software.
8.4 TeleNav’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
8.5 If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
8.6 The headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
9. Other Vendors Terms and Conditions
The TeleNav Software utilizes map and other data licensed to TeleNav by third party vendors for the benefit of you and other end users. This Agreement includes end-user terms applicable to these companies (included at the end of this Agreement), and thus your use of the TeleNav Software is also subject to such terms. You agree to comply with the following additional terms and conditions, which are applicable to TeleNav’s third party vendor licensors:
NavTeq End User License Agreement
END USER TERMS
The content provided (“Data”) is licensed, not sold. By opening this package, or installing, copying, or otherwise using the Data, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to install, copy, use, resell or transfer the Data. If you wish to reject the terms of this agreement, and have not installed, copied, or used the Data, you must contact your retailer or NAVTEQ North America, LLC (“NT”) within thirty (30) days of purchase for a refund of your purchase price.
To contact NT, please visit www.navteq.com.
The Data is provided for your personal, internal use only and may not be resold. It is protected by copyright, and is subject to the following terms (this “End User License Agreement”) and conditions which are agreed to by you, on the one hand, and NAVTEQ North America, LLC (“NT”) and its licensors (including their licensors and suppliers) on the other hand.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: Her Majesty the Queen in Right of Canada, Queen’s Printer for Ontario, Canada Post Corporation, GeoBase ®.
NT holds a nonexclusive license from the United States Postal Service ® to publish and sell ZIP+4 ® information.
United States Postal Service ® 2009. Prices are not established, controlled or approved by the United States Postal Service ®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.
The Data for Mexico includes certain Data from Instituto Nacional de Estadística y Geografía.
TERMS AND CONDITIONS
License Limitations on Use:
You agree that your license to use this Data is limited to and conditioned on use for solely personal, noncommercial purposes, and not for service bureau, timesharing or other similar purposes. Except as otherwise set forth herein, you agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
License Limitations on Transfer:
Your limited license does not allow transfer or resale of the Data, except on the condition that you may transfer the Data and all accompanying materials on a permanent basis if: (a) you retain no copies of the Data; (b) the recipient agrees to the terms of this End User License Agreement; and (c) you transfer the Data in the exact same form as you purchased it by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, all Manuals and other documentation. Specifically, Multi-disc sets may only be transferred or sold as a complete set as provided to you and not as a subset thereof.
Additional License Limitations:
Except where you have been specifically licensed to do so by NT in a separate written agreement, and without limiting the preceding paragraph, your license is conditioned on use of the Data as prescribed in this agreement, and you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with, or in communication with, including without limitation, cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
This Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic Data, any of which may lead to incorrect results.
This Data is provided to you “as is”, and you agree to use it at your own risk. NT and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error free.
Disclaimer of Warranty:
NT AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability:
NT AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THIS DATA; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS DATA, ANY DEFECT IN THIS DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
You agree not to export from anywhere any part of the Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit NT from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of this Agreement.
These terms and conditions constitute the entire agreement between NT (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
You and NT agree that if any portion of this agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Agreement shall be given full force and effect.
The above terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the personal jurisdiction of the State of Illinois for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Government End Users
: If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with this End User License Agreement, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use”, and be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER)
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:
425 West Randolph Street, Chicago, IL 60606.
This Data is a commercial item as defined in FAR 2.101 and is subject to the EndUser License Agreement under which this Data was provided.
2011 NAVTEQ. All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.
Wi-Fi hotspot data provided by JiWire 2013 JiWire.
CD and music — related data from Gracenote, Inc., copyright 2000–2007 Gracenote. Gracenote Software, copyright 2000–2007 Gracenote. This product and service may practice one or more of the following U.S. Patents #5,987,525; #6,061,680; #6,154,773, #6,161,132, #6,230,192, #6,230,207, #6,240,459, #6,330,593, and other patents issued or pending. Some services supplied under license from Open Globe, Inc.
for U.S. Patent: #6,304,523.
Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the Powered by Gracenote™ logo are trademarks of Gracenote.
Gracenote® End User License Agreement (EULA)
This device contains software from Gracenote, Inc. of 2000 Powell Street Emeryville, California 94608 (“Gracenote”).
The software from Gracenote (the “Gracenote Software”) enables this device to do disc and music file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers (“Gracenote Servers”), and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this device This device may contain content belonging to Gracenote’s providers.
If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote.
You agree that you will use the content from Gracenote (“Gracenote Content”), Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal, non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Content, Gracenote Software or any Gracenote Data (except in a Tag associated with a music file) to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE CONTENT, GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive licenses to use the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your licenses terminate, you agree to cease any and all use of the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote,
respectively, reserve all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers and Gracenote Content, including all ownership rights. Under no circumstances will either Gracenote become liable for any payment to you for any information that you provide, including any copyrighted material or music file information.
You agree that Gracenote may enforce its respective rights, collectively or separately, under this agreement against you, directly in each company’s own name.
THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA AND THE GRACENOTE CONTENT ARE LICENSED TO YOU “AS IS.” NEITHER GRACENOTE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS OR GRACENOTE CONTENT. GRACENOTE COLLECTIVELY AND SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR CONTENT FROM THE COMPANIES’ RESPECTIVE SERVERS OR, IN THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS MADE THAT EITHER GRACENOTE CONTENT OR THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME. GRACENOTE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER GRACENOTE WARRANTS THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES FOR ANY REASON WHATSOEVER.
Vehicle with SYNC only
FCC ID: KMHSG1G1 IC: 1422A-SG1G1
Vehicle with SYNC and MyFord Touch or MyLincoln Touch
FCC ID: KMHSYNCG2 IC: 1422A-SYNCG2
This device complies with Part 15 of the FCC Rules and with RSS-210 of Industry Canada. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
Changes or modifications not expressively approved by the party responsible for compliance could void the user’s authority to operate the equipment. The term “IC:” before the radio certification number only signifies that Industry Canada technical specifications were met.
The antenna used for this transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.
Using cruise control
WARNING: Do not use cruise control in heavy traffic, on winding roads or when the road surface is slippery. This could result in loss of vehicle control, serious injury or death. WARNING: When you are going downhill, your vehicle speed may increase above the set speed. The system will not apply ...
Cabin air filter
Note: Make sure you have a cabin air filter installed at all times. This prevents foreign objects from entering the system. Running the system without a filter in place could result in degradation or damage to the system. Your vehicle is equipped with a cabin air filter, which is located just ...
Information About Uniform Tire Quality Grading Tire Quality Grades apply to new pneumatic passenger car tires. The Tire Quality Grades can be found where applicable on the tire sidewall between tread shoulder and maximum section width. For example: • Treadwear 200 Traction AA Temperature A ...