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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.
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
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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/.
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).
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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).
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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
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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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 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.
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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.
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.
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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 item” 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 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.
Gracenote® Copyright
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.
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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
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
Vehicle with SYNC only
FCC ID: KMHSG1G1 IC: 1422A-SG1G1
Vehicle with SYNC and MyFord Touch or MyLincoln Touch
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.
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