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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.
•Termination: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
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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).
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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” orFor Recovery Purposes
Onlyyou 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
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laws and treaties. This EULA grants you no rights to use such content.
All rights not specifically granted under this EULA are reserved by MS,
Microsoft Corporation, FORD MOTOR COMPANY, third party software
and service providers, their affiliates and suppliers. Use of any on-line
services which may be accessed through the SOFTWARE may be
governed by the respective terms of use relating to such services. If this
SOFTWARE contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation.
EXPORT RESTRICTIONS: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/.
TRADEMARKS: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: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 THRID 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.
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