2014 FORD FUSION (AMERICAS) ESP

the terms and conditions of thisAgreement. Any such sale, assignment ortransfer that is not expressly permittedunder this paragraph will result inimmediate termination of this Agreement,without liability to Telenav, in which caseyou and all other parties shall immediatelycease all use of the Telenav Software.Notwithstanding the foregoing, Telenavmay assign this Agreement to any otherparty at any time without notice, providedthe assignee remains bound by thisAgreement.
8. Miscellaneous
8.1
This Agreement constitutes the entireagreement between Telenav and you withrespect to the subject matter hereof.
8.2
Except for the limited licenses expresslygranted in this Agreement, Telenav retainsall right, title and interest in and to theTelenav Software, including withoutlimitation all related intellectual propertyrights. No licenses or other rights which arenot expressly granted in this Agreementare intended to, or shall be, granted orconferred by implication, statute,inducement, estoppel or otherwise, andTelenav and its suppliers and licensorshereby reserve all of their respective rightsother than the licenses explicitly grantedin this Agreement.
8.3
By using the Telenav Software, youconsent to receive from Telenav allcommunications, including notices,agreements, legally required disclosuresor other information in connection with theTelenav Software (collectively,“Notices”)electronically. Telenav may provide such
Notices by posting them on Telenav’sWebsite or by downloading such Noticesto your wireless device. If you desire towithdraw your consent to receive Noticeselectronically, you must discontinue youruse of the Telenav Software.
8.4
Telenav’s or your failure to requireperformance of any provision shall notaffect that party’s right to requireperformance at any time thereafter, norshall a waiver of any breach or default ofthis Agreement constitute a waiver of anysubsequent breach or default or a waiverof the provision itself.
8.5
If any provision herein is heldunenforceable, then such provision will bemodified to reflect the intention of theparties, and the remaining provisions ofthis Agreement will remain in full force andeffect.
8.6
The headings in this Agreement are forconvenience of reference only, will not bedeemed to be a part of this Agreement,and will not be referred to in connectionwith the construction or interpretation ofthis Agreement. As used in this Agreement,the words “include” and “including,” andvariations thereof, will not be deemed tobe terms of limitation, but rather will bedeemed to be followed by the words“without limitation”.
9. Other Vendors Terms and Conditions
The Telenav Software utilizes map andother data licensed to Telenav by thirdparty vendors for the benefit of you andother end users. This Agreement includesend-user terms applicable to thesecompanies (included at the end of this
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Agreement), and thus your use of theTelenav Software is also subject to suchterms. You agree to comply with thefollowing additional terms and conditions,which are applicable to Telenav’s thirdparty vendor licensors:
End User License Agreement ForDistribution By HERE For NorthAmerica/APAC
The content provided (“Data”) is licensed,not sold. By opening this package, orinstalling, copying, or otherwise using theData, you agree to be bound by the termsof this agreement. If you do not agree tothe terms of this agreement, you are notpermitted to install, copy, use, resell ortransfer the Data. If you wish to reject theterms of this agreement, and have notinstalled, copied, or used the Data, youmust contact your retailer or HERE NorthAmerica, LLC (as defined below) withinthirty (30) days of purchase for a refundof your purchase price. To contact HERE,please visit www.here.com.
The Data is provided for your personal,internal use only and may not be resold. Itis protected by copyright, and is subject tothe following terms (this “End User LicenseAgreement”) and conditions which areagreed to by you, on the one hand, andHERE and its licensors (including theirlicensors and suppliers) on the other hand.For purposes of these terms,“HERE” shallmean (a) HERE North America, LLC withrespect to Data for the Americas and/orthe Asia Pacific region and (b) HEREEurope B.V. for Data for Europe, the MiddleEast and/or Africa.
The Data includes certain information andrelated content provided under license toHERE from third parties and is subject tothe applicable supplier terms andcopyright notices set forth at the followingURL:http://corporate.navteq.com/supplier_terms.html.
TERMS AND CONDITIONS
License Limitations on Use:
You agree that your license to use this Datais limited to and conditioned on use forsolely personal, noncommercial purposes,and not for service bureau, timesharing orother similar purposes. Except as otherwiseset forth herein, you agree not to otherwisereproduce, copy, modify, decompile,disassemble or reverse engineer anyportion of this Data, and may not transferor distribute it in any form, for any purpose,except to the extent permitted bymandatory laws.
License Limitations on Transfer:
Your limited license does not allow transferor resale of the Data, except on thecondition that you may transfer the Dataand all accompanying materials on apermanent basis if: (a) you retain no copiesof the Data; (b) the recipient agrees to theterms of this End-User License Agreement;and (c) you transfer the Data in the exactsame form as you purchased it byphysically transferring the original media(e.g., the CD-ROM or DVD you purchased),all original packaging, all Manuals andother documentation. Specifically,Multi-disc sets may only be transferred orsold as a complete set as provided to youand not as a subset thereof.
Additional License Limitations:
Except where you have been specificallylicensed to do so by HERE in a separatewritten agreement, and without limitingthe preceding paragraph, your license isconditioned on use of the Data asprescribed in this agreement, and you maynot (a) use this Data with any products,systems, or applications installed orotherwise connected to or incommunication with vehicles capable ofvehicle navigation, positioning, dispatch,
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real time route guidance, fleetmanagement or similar applications; or (b)with, or in communication with, includingwithout limitation, cellular phones,palmtop and handheld computers, pagers,and personal digital -assistants or PDAs.
Note:This Data may contain inaccurate orincomplete information due to the passageof time, changing circum-stances, sourcesused and the nature of collectingcomprehensive geographic Data, any ofwhich may lead to incorrect results.
No Warranty:
This Data is provided to you “as is”, andyou agree to use it at your own risk. HEREand its licensors (and their licensors andsuppliers) make no guarantees,representations or warranties of any kind,express or implied, arising by law orotherwise, including but not limited to,content, quality, accuracy, completeness,effectiveness, reliability, fitness for aparticular purpose, usefulness, use orresults to be obtained from this Data, orthat the Data or server will beuninterrupted or error ¬free.
Disclaimer of Warranty:
HERE AND ITS LICENSORS (INCLUDINGTHEIR LICENSORS AND SUPPLIERS)DISCLAIM ANY WARRANTIES, EXPRESSOR IMPLIED, OF QUALITY,PERFORMANCE, MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSEOR NON-INFRINGEMENT. Some States,Territories and Countries do not allowcertain warranty exclusions, so to thatextent the above exclusion may not applyto you.
Disclaimer of Liability:
HERE AND ITS LICENSORS (INCLUDINGTHEIR LICENSORS AND SUPPLIERS)SHALL NOT BE LIABLE TO YOU INRESPECT OF ANY CLAIM, DEMAND ORACTION, IRRESPECTIVE OF THE NATUREOF THE CAUSE OF THE CLAIM, DEMANDOR ACTION ALLEGING ANY LOSS, INJURYOR DAMAGES, DIRECT OR INDIRECT,WHICH MAY RESULT FROM THE USE ORPOSSESSION OF THIS DATA; OR FOR ANYLOSS OF PROFIT, REVENUE, CONTRACTSOR SAVINGS, OR ANY OTHER DIRECT,INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISINGOUT OF YOUR USE OF OR INABILITY TOUSE THIS DATA, ANY DEFECT IN THISDATA, OR THE BREACH OF THESE TERMSOR CONDITIONS, WHETHER IN ANACTION IN CONTRACT OR TORT ORBASED ON A WARRANTY, EVEN IF HEREOR ITS LICENSORS HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES.Some States, Territories and Countries donot allow certain liability exclusions ordamages limitations, so to that extent theabove may not apply to you.
Export Control:
You agree not to export from anywhereany part of the Data or any direct productthereof except in compliance with, andwith all licenses and approvals requiredunder, applicable export laws, rules andregulations, including but not limited to thelaws, rules and regulations administeredby the Office of Foreign Assets Control ofthe U.S. Department of Commerce and theBureau of Industry and Security of the U.S.Department of Commerce. To the extentthat any such export laws, rules orregulations prohibit HERE from complyingwith any of its obligations hereunder todeliver or distribute Data, such failure shallbe excused and shall not constitute abreach of this Agreement.
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Entire Agreement:
These terms and conditions constitute theentire agreement between HERE (and itslicensors, including their licensors andsuppliers) and you pertaining to the subjectmatter hereof, and supersedes in theirentirety any and all written or oralagreements previously existing betweenus with respect to such subject matter.
Severability:
You and HERE agree that if any portion ofthis agreement is found illegal orunenforceable, that portion shall besevered and the remainder of theAgreement shall be given full force andeffect.
Severability:
You and HERE agree that if any portion ofthis agreement is found illegal orunenforceable, that portion shall besevered and the remainder of theAgreement shall be given full force andeffect.
Governing Law:
The above terms and conditions shall begoverned by the laws of the State of Illinois(for Data for the Americas and/or the AsiaPacific region) or The Netherlands (forData for Europe, the Middle East andAfrica), without giving effect to (i) itsconflict of laws provisions, or (ii) the UnitedNations Convention for Contracts for theInternational Sale of Goods, which isexplicitly excluded. For any and alldisputes, claims and actions arising fromor in connection with the Data (“Claims”),you agree to submit to the personaljurisdiction of (a) the State of Illinois forClaims related to Data for the Americasand/or the Asia Pacific region provided toyou hereunder, and (b) The Netherlandsfor Data for Europe, the Middle East and/orAfrica provided to you hereunder.
Government End Users:
If the Data is being acquired by or on behalfof the United States government or anyother entity seeking or applying rightssimilar to those customarily claimed by theUnited States government, this Data is a“commercial item” as that term is definedat 48 C.F.R. (“FAR”) 2.101, is licensed inaccordance with this End¬ User LicenseAgreement, and each copy of Datadelivered or otherwise furnished shall bemarked and embedded as appropriatewith the following “Notice of Use”, and betreated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR(MANUFACTURER/SUPPLIER)
NAME:
HERE
CONTRACTOR(MANUFACTURER/SUPPLIER)
ADDRESS:
425 West Randolph Street, Chicago, IL60606.
This Data is a commercial item as definedin FAR 2.101
and is subject to the End User LicenseAgreement under
which this Data was provided.
© 1987-2013 HERE. All rights reserved.
If the Contracting Officer, federalgovernment agency, or any federal officialrefuses to use the legend provided herein,the Contracting Officer, federalgovernment agency, or any federal officialmust notify HERE prior to seekingadditional or alternative rights in the Data.
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Gracenote® Copyright
CD and music-related data fromGracenote, Inc., copyright© 2000-2007Gracenote. Gracenote Software, copyright© 2000-2007 Gracenote. This product andservice may practice one or more of thefollowing 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 orpending. Some services supplied underlicense from Open Globe, Inc. for U.S.Patent: #6,304,523.
Gracenote and CDDB are registeredtrademarks of Gracenote. The Gracenotelogo and logotype, and the "Powered byGracenote™" logo are trademarks ofGracenote.
Gracenote® End User License Agreement(EULA)
This device contains software fromGracenote, Inc. of 2000 Powell StreetEmeryville, California 94608("Gracenote").
The software from Gracenote (the"Gracenote Software") enables this deviceto do disc and music file identification andobtain music-related information, includingname, artist, track, and title information("Gracenote Data") from online servers("Gracenote Servers"), and to performother functions. You may use GracenoteData only by means of the intended EndUser functions of this device.
This device may contain content belongingto Gracenote's providers. If so, all of therestrictions set forth herein with respect toGracenote Data shall also apply to suchcontent and such content providers shallbe entitled to all of the benefits andprotections set forth herein that areavailable to Gracenote.
You agree that you will use the contentfrom Gracenote ("Gracenote Content") ,Gracenote Data, the Gracenote Software,and Gracenote Servers for your ownpersonal, non-commercial use only. Youagree not to assign, copy, transfer ortransmit the Gracenote Content,Gracenote Software or any GracenoteData (except in a Tag associated with amusic file) to any third party. YOU AGREENOT TO USE OR EXPLOIT GRACENOTECONTENT, GRACENOTE DATA, THEGRACENOTE SOFTWARE, ORGRACENOTE SERVERS, EXCEPT ASEXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive licensesto use the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers will terminate if youviolate these restrictions. If your licensesterminate, you agree to cease any and alluse of the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers. Gracenote,respectively, reserve all rights in GracenoteData, the Gracenote Software, and theGracenote Servers and Gracenote Content,including all ownership rights. Under nocircumstances will either Gracenotebecome liable for any payment to you forany information that you provide, includingany copyrighted material or music fileinformation. You agree that Gracenotemay enforce its respective rights,collectively or separately, under thisagreement against you, directly in eachcompany's own name.
Gracenote uses a unique identifier to trackqueries for statistical purposes. Thepurpose of a randomly assigned numericidentifier is to allow Gracenote to countqueries without knowing anything aboutwho you are. For more information, see theweb page at www.gracenote.com for theGracenote Privacy Policy.
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THE GRACENOTE SOFTWARE, EACH ITEMOF GRACENOTE DATA AND THEGRACENOTE CONTENT ARE LICENSEDTO YOU "AS IS". NEITHER GRACENOTEMAKES ANY REPRESENTATIONS ORWARRANTIES, EXPRESS OR IMPLIED,REGARDING THE ACCURACY OF ANYGRACENOTE DATA FROM THEGRACENOTE SERVERS OR GRACENOTECONTENT. GRACENOTE COLLECTIVELYAND SEPARATELY RESERVE THE RIGHTTO DELETE DATA AND/OR CONTENTFROM THE COMPANIES' RESPECTIVESERVERS OR, IN THE CASE OFGRACENOTE, CHANGE DATACATEGORIES FOR ANY CAUSE THATGRACENOTE DEEMS SUFFICIENT. NOWARRANTY IS MADE THAT EITHERGRACENOTE CONTENT OR THEGRACENOTE SOFTWARE ORGRACENOTE SERVERS ARE ERROR-FREEOR THAT THE FUNCTIONING OF THEGRACENOTE SOFTWARE ORGRACENOTE SERVERS WILL BEUNINTERRUPTED. GRACENOTE IS NOTOBLIGATED TO PROVIDE YOU WITH ANYENHANCED OR ADDITIONAL DATA TYPESTHAT GRACENOTE MAY CHOOSE TOPROVIDE IN THE FUTURE AND IS FREETO DISCONTINUE ITS ONLINE SERVICESAT ANY TIME. GRACENOTE DISCLAIM ALLWARRANTIES EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT. NEITHERGRACENOTE WARRANTS THE RESULTSTHAT WILL BE OBTAINED BY YOUR USEOF THE GRACENOTE SOFTWARE OR ANYGRACENOTE SERVER. IN NO CASE WILLGRACENOTE BE LIABLE FOR ANYCONSEQUENTIAL OR INCIDENTALDAMAGES OR FOR ANY LOST PROFITSOR LOST REVENUES FOR ANY REASONWHATSOEVER.
© Gracenote 2007.
Vehicle with SYNC only
FCC ID: KMHSG1G1
IC: 1422A-SG1G1
Vehicle with SYNC and MyFord Touchor MyLincoln Touch
FCC ID: KMHSYNCG2–L
IC: 1422A-SYNCG2–L
This device complies with Part 15 of theFCC Rules and with RSS-210 of IndustryCanada. Operation is subject to thefollowing two conditions: (1) This devicemay not cause harmful interference, and(2) this device must accept anyinterference received, includinginterference that may cause undesiredoperation.
WARNING
Changes or modifications notexpressively approved by the partyresponsible for compliance couldvoid the user's authority to operate theequipment. The term "IC" before the radiocertification number only signifies thatIndustry Canada technical specificationswere met.
The antenna used for this transmitter mustnot be co-located or operating inconjunction with any other antenna ortransmitter.
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PROTECT YOURSELF FROM THE RISINGCOST OF VEHICLE REPAIRS WITH A FORDEXTENDED SERVICE PLAN.
SERVICE PLANS (U.S. Only)
More than 32 million Ford owners havediscovered the powerful protection of FordExtended Service Plan. It is the onlyextended service plan backed by FordMotor Company, and provides peace ofmind protection beyond the New VehicleLimited Warranty coverage.
Ford ESP Can Quickly Pay for Itself
One service bill – the cost of parts andlabor – can easily exceed the price of yourFord Extended Service Plan. With Ford ESPyou minimize your risk for unexpectedrepair bills and rising repair costs.
Up to 1,000+ Covered VehicleComponents
There are four Extended Service Plans withdifferent levels of coverage. Ask yourauthorized dealer for details.
1.PremiumCARE - Our mostcomprehensive coverage. With over1,000 covered components, this planis so complete that we generally onlydiscuss what’s not covered.
2.ExtraCARE - Covers 113 components,and includes many high-tech items.
3.BaseCARE - Covers 84 components.
4.PowertrainCARE - Covers 29 criticalcomponents.
Ford Extended Service Plan is honored byall authorized Ford dealers in the U.S. andCanada. It is the only extended service planauthorized and backed by Ford MotorCompany.
That means you get:
•Reliable, quality service at any Ford orLincoln dealership
•Repairs performed by factory trainedtechnicians, using genuine parts
Rental Car Reimbursement
1st day Rental Benefit
You take advantage of replacementtransportation if your vehicle is at yourauthorized dealer for same day coveredrepairs.
Extended Rental Benefits
If your vehicle is kept overnight for coveredrepairs, you are eligible for rental carcoverage, including bumper to bumperwarranty repairs, and Field Service Actions.
Roadside Assistance
Exclusive 24/7 roadside assistance,including:
•Towing, flat-tire change and batteryjump starts
•Out of fuel and lock-out assistance
•Travel expense reimbursement forlodging, meals and rental car
•Destination assistance for taxi, shuttle,rental car coverage and emergencytransportation
Transferable Coverage
If you sell your vehicle before your FordExtended Service Plan coverage expires,you can transfer any remaining coverageto the new owner. Whenever you sell yourvehicle, prospective buyers may have ahigher degree of confidence that vehiclewas properly maintained with Ford ESP,thereby improving resale value.
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Avoid the Rising Cost of ProperlyMaintaining Your Vehicle!
Ford Extended Service Plan also offers aPremium Maintenance Plan that covers allscheduled maintenance, and selectedwear items. The coverage is prepaid, soyou never have to worry about affordingyour vehicle’s maintenance. It coversregular checkups, routine inspections,preventive care and replacement of selectitems that require periodic attention fornormal wear:
•Windshield wiper blades
•Spark plugs (except in California)
•The clutch disc
•Brake pads and linings
•Shock absorbers
•Belts and hoses
•Diesel exhaust fluid replenishment
Interest Free Finance OptionsAvailable
Take advantage of our interest freeinstallment payment plan. Just a 10%down payment will provide you with anaffordable, no interest, no fee paymentprogram allowing you all the security andbenefits Ford ESP has to offer while payingover time. You are pre-approved with nocredit checks, no hassles! To learn more,call our Ford ESP specialists at800-367-3377.
Ford ESPP.O. Box 8072Royal Oak, MI 48068-0039
SERVICE PLANS (CANADA ONLY)
You can get more protection for yourvehicle by purchasing a Ford ExtendedService Plan. Ford Extended Service Planis the only service contract backed by FordMotor Company of Canada, Limited.Depending on the plan you purchase, FordExtended Service Plan provides benefitssuch as:
•Rental reimbursement
•Coverage for certain maintenance andwear items
•Protection against repair costs afteryour New Vehicle Limited WarrantyCoverage expires
•Roadside Assistance benefits
There are several Ford Extended ServicePlans available in various time, distanceand deductible combinations. Each planis tailored to fit your own driving needs,including reimbursement for towing andrental. When you purchase Ford ExtendedService Plan, you receive addedpeace-of-mind protection throughoutCanada and the United States, providedby a network of participating authorizedFord Motor Company dealers.
Note:Repairs performed outside of Canadaand the United States are not eligible forFord Extended Service Plan coverage.
This information is subject to change. Formore information, visit your local Ford ofCanada dealer or www.ford.ca to find theFord Extended Service Plan that is right foryou.
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