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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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Emergency Services
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.
TeleNav may revise this Agreement and the privacy policy at any time,
with or without notice to you. You agree to visit http://www.telenav.com
from time to time to review the then current version of this Agreement
and of the privacy policy.
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.
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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
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.
4.Disclaimers
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
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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+4information.
United States Postal Service2009. 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.
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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)
NAME:
NAVTEQ
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 JiWire2013 JiWire.
GracenoteCopyright
CD and music — related data from Gracenote, Inc., copyright
2000–2007 Gracenote. Gracenote Software, copyright2000–2007
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 thePowered by Gracenote™logo are
trademarks of Gracenote.
GracenoteEnd 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
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