•
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" 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.
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/.
402
C-MAX (CCG) Appendices
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. Adobe
Contains Adobe® [Flash® Player] or
[AIR®] technology by Adobe Systems
Incorporated. This [Licensee Product]
contains [Adobe® Flash® Player]
[Adobe® AIR®] software under license
from Adobe Systems Incorporated,
Copyright ©1995-2009 Adobe
Macromedia Software LLC. All rights
reserved. Adobe, Flash and AIR are
trademarks of Adobe Systems
Incorporated.
End User Notice
Microsoft® Windows® Mobile for
Automotive Important Safety
Information
This system Ford SYNC™ contains
software that is licensed to Manufacturer
FORD MOTOR COMPANY by an affiliate
of Microsoft Corporation pursuant to a
license agreement. Any removal,
reproduction, reverse engineering or other
unauthorized use of the software from this
system in violation of the license
agreement is strictly prohibited and may
subject you to legal action.
Read and follow instructions:
Before
using your Windows Automotive- based
system, read and follow all instructions
and safety information provided in this end
user manual ("User's Guide"). Not
following precautions found in this User's
Guide can lead to an accident or other
serious consequences.
Keep User's Guide in vehicle: When kept
in the vehicle, the User's Guide will be a
ready reference for you and other users
unfamiliar with the Windows
Automotive-based system. Please make
certain that before using the system for
the first time, all persons have access to
the User's Guide and read its instructions
and safety information carefully.
403
C-MAX (CCG) Appendices
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.
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.
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
405
C-MAX (CCG) Appendices
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 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.
406
C-MAX (CCG) Appendices
installed, copied, or used the Data, you
must contact your retailer or NAVTEQ
North America, LLC ("NT") within thirty
(30) days of purchase for a refund of your
purchase price. To contact NT, please visit
www.navteq.com.
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.
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.
409
C-MAX (CCG) Appendices
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 term" 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 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 End User 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 JiWire, ©
2013 JiWire.
Gracenote® Copyright
CD and music-related data from
Gracenote, Inc., copyright© 2000-2007
Gracenote. Gracenote Software, copyright
© 2000-2007 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 the "Powered by
Gracenote
™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608
("Gracenote").
411
C-MAX (CCG) Appendices
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 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
412
C-MAX (CCG) Appendices
PROTECT YOURSELF FROM THE RISING
COST OF VEHICLE REPAIRS WITH A FORD
EXTENDED SERVICE PLAN.
SERVICE PLANS (U.S. Only)
More than 32 million Ford and Lincoln
owners have discovered the powerful
protection of Ford Extended Service Plan.
It is the only extended service plan backed
by Ford Motor Company, and provides
peace of mind protection beyond the New
Vehicle Limited Warranty coverage.
Ford ESP Can Quickly Pay for Itself
One service bill – the cost of parts and
labor – can easily exceed the price of your
Ford Extended Service Plan. With Ford
ESP, you minimize your risk for unexpected
repair bills and rising repair costs.
Up to 500+ Covered Vehicle
Components
There are four Extended Service Plans with
different levels of coverage. Ask your
authorized dealer for details.
1. PremiumCARE - Our most
comprehensive coverage. With over
500 covered components, this plan is
so complete that we generally only
discuss what’ s not covered.
2. ExtraCARE - Covers 113 components, and includes many high-tech items.
3. BaseCARE - Covers 84 components.
4. PowertrainCARE - Covers 29 critical components.
Ford Extended Service Plan is honored by
all authorized Ford and Lincoln dealers in
the U.S. and Canada. It is the only extended
service plan authorized and backed by Ford
Motor Company. That means you get:
•
Reliable, quality service anywhere you
go
• Repairs performed by factory trained
technicians, using Genuine Ford and
Lincoln parts
Rental Car Reimbursement
1st day Rental Benefit
You take advantage of replacement
transportation if your vehicle is at your
authorized dealer for same day covered
repairs.
Extended Rental Benefits
If your vehicle is kept overnight for covered
repairs, you are eligible for rental car
coverage, including Bumper to Bumper
warranty repairs, or Field Service Actions.
Roadside Assistance
Exclusive 24/7 roadside assistance,
including:
• Towing, flat-tire change and battery
jump starts
• Out of fuel and lock-out assistance
• Travel expense reimbursement for
lodging, meals and rental car
• Destination assistance for taxi, shuttle,
rental car coverage and emergency
transportation
Transferable Coverage
If you sell your vehicle before your Ford
Extended Service Plan coverage expires,
you can transfer any remaining coverage
to the new owner. Whenever you sell your
vehicle, prospective buyers may have a
higher degree of confidence that vehicle
was properly maintained with Ford ESP,
thereby improving resale value.
414
C-MAX (CCG) Ford Extended Service Plan (ESP)