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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” 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
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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.
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 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.
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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.
Volume Setting
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.
Navigation Features
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.
Distraction Hazard
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.
Route Safety
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.
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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.
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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.
7.Assignment
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.Miscellaneous
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.
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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.
WARNING: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.
No Warranty: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
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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.
Export Control: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.
Entire 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.
Severability: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.
Governing Law: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
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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.
Gracenote uses a unique identifier to track queries for statistical
purposes. The purpose of a randomly assigned numeric identifier is to
allow Gracenote to count queries without knowing anything about who
you are. For more information, see the web page at www.gracenote.com
for the Gracenote Privacy Policy
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
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