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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.
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.
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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
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 09/22/09 - 10 of
19 - Confidential 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.
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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.
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
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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:
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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.
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.
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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.
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
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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.
Gracenote 2007
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.
WARNING: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.
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