2014 FORD FOCUS ELECTRIC ESP

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
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.
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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 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.
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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.
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
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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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Gracenote® End User License Agreement (EULA)
This device contains software from Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608 (“Gracenote”).
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
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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.
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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GENERAL MAINTENANCE INFORMATION
Why Maintain Your Vehicle?
Carefully following the maintenance schedule helps protect against major
repair expenses resulting from neglect or inadequate maintenance and
may help to increase the value of your vehicle when you sell or trade it.
Keep all receipts for completed maintenance with your vehicle.
We have established regular maintenance intervals for your vehicle based
upon rigorous testing. It is important that you have your vehicle serviced
at the proper times. These intervals serve two purposes; one is to
maintain the reliability of your vehicle and the second is to keep your
cost of owning your vehicle down.
It is your responsibility to have all scheduled maintenance performed and
to make sure that the materials used meet the specifications identified in
theCapacities and Specificationschapter of this owner’s manual.
Failure to perform scheduled maintenance invalidates warranty coverage
on parts affected by the lack of maintenance.
Why Maintain Your Vehicle at Your Dealership?
Factory-Trained Technicians
Service technicians participate in extensive factory-sponsored
certification training to help them become experts on the operation of
your vehicle. Ask your dealership about the training and certification
their technicians have received.
Genuine Ford and Motorcraft® Replacement Parts
Dealerships stock Ford, Motorcraft and Ford-authorized branded
re-manufactured replacement parts. These parts meet or exceed our
specifications. Parts installed at your dealership carry a nationwide
12-month or 12000-mile (20000 kilometers) parts and labor limited
warranty.
If you do not use Ford authorized parts they may not meet our
specifications and depending on the part, it could affect emissions
compliance.
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