2013 LINCOLN MKZ service

•
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.
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•
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 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
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Appendices

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.
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Appendices

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. 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.
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Appendices

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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Appendices

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.
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.
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Appendices

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.
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Appendices

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.
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Appendices