2014 FORD C MAX HYBRID Owners Manual

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.
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.
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C-MAX (CCG) Appendices

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
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:
NavTeq End User License Agreement
END USER TERMS
The content provided ("Data") is licensed,
not sold. By opening this package, or
installing, copying, or otherwise using the
Data, you agree to be bound by the terms
of this agreement. If you do not agree to
the terms of this agreement, you are not
permitted to install, copy, use, resell or
transfer the Data. If you wish to reject the
terms of this agreement, and have not
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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

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 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.
410
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
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C-MAX (CCG) Appendices

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.
413
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.
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C-MAX (CCG) Ford Extended Service Plan (ESP)