2014 FORD FUSION (AMERICAS) Owners Manual

•Links to Third Party Sites: The MSSOFTWARE may provide you with theability to link to third party sites throughthe use of the SOFTWARE. The thirdparty sites are not under the control ofMS, Microsoft Corporation, theiraffiliates and/or their designatedagent. Neither MS nor MicrosoftCorporation nor their affiliates nor theirdesignated 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 thirdparty sites, or (ii) webcasting or anyother form of transmission receivedfrom any third party sites. If theSOFTWARE provides links to thirdparty sites, those links are provided toyou only as a convenience, and theinclusion of any link does not imply anendorsement of the third party site byMS, Microsoft Corporation, theiraffiliates and/or their designatedagent.
•Obligation to Drive Responsibly:You recognize your obligation to driveresponsibly and keep attention on theroad. You will read and abide with theDEVICE operating instructionsparticularly as they pertain to safetyand assumes any risk associated withthe use of the DEVICE.
UPGRADES AND RECOVERY MEDIA:If the SOFTWARE is provided by FORDMOTOR COMPANY separate from theDEVICE on media such as a ROM chip, CDROM disk(s) or via web download or othermeans, and is labeled "For UpgradePurposes Only" or "For Recovery PurposesOnly" you may install one (1) copy of suchSOFTWARE onto the DEVICE as areplacement copy for the existingSOFTWARE, and use it in accordance withthis EULA, including any additional EULAterms accompanying the upgradeSOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:All title and intellectual property rights inand to the SOFTWARE (including but notlimited to any images, photographs,animations, video, audio, music, text and"applets" incorporated into theSOFTWARE), the accompanying printedmaterials, and any copies of theSOFTWARE, are owned by MS, MicrosoftCorporation, FORD MOTOR COMPANY, ortheir affiliates or suppliers. TheSOFTWARE is licensed, not sold. You maynot copy the printed materialsaccompanying the SOFTWARE. All titleand intellectual property rights in and tothe content which may be accessedthrough use of the SOFTWARE is theproperty of the respective content ownerand may be protected by applicablecopyright or other intellectual propertylaws and treaties. This EULA grants you norights to use such content. All rights notspecifically granted under this EULA arereserved by MS, Microsoft Corporation,FORD MOTOR COMPANY, third partysoftware and service providers, theiraffiliates and suppliers. Use of any on-lineservices which may be accessed throughthe SOFTWARE may be governed by therespective terms of use relating to suchservices. If this SOFTWARE containsdocumentation that is provided only inelectronic form, you may print one copy ofsuch electronic documentation.
EXPORT RESTRICTIONS: Youacknowledge that the SOFTWARE issubject to U.S. and European Union exportjurisdiction. You agree to comply with allapplicable international and national lawsthat apply to the SOFTWARE, includingthe U.S. Export Administration Regulations,as well as end-user, end-use anddestination restrictions issued by U.S. andother governments. For additionalinformation, seehttp://www.microsoft.com/exporting/.
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TRADEMARKS: This EULA does not grantyou any rights in connection with anytrademarks or service marks of FORDMOTOR COMPANY, MS, MicrosoftCorporation, third party software or serviceproviders, their affiliates or suppliers.
PRODUCT SUPPORT: Product supportfor the SOFTWARE is not provided by MS,its parent corporation MicrosoftCorporation, or their affiliates orsubsidiaries. For product support, pleaserefer to FORD MOTOR COMPANYinstructions provided in the documentationfor the DEVICE. Should you have anyquestions concerning this EULA, or if youdesire to contact FORD MOTORCOMPANY for any other reason, pleaserefer to the address provided in thedocumentation for the DEVICE.
No Liability for Certain Damages:EXCEPT AS PROHIBITED BY LAW, FORDMOTOR COMPANY, ANY THIRD PARTYSOFTWARE OR SERVICES SUPPLIERS,MS, MICROSOFT CORPORATION ANDTHEIR AFFILIATES SHALL HAVE NOLIABILITY FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL OR INCIDENTALDAMAGES ARISING FROM OR INCONNECTION WITH THE USE ORPERFORMANCE OF THE SOFTWARE. THISLIMITATION SHALL APPLY EVEN IF ANYREMEDY FAILS OF ITS ESSENTIALPURPOSE. IN NO EVENT SHALL MS,MICROSOFT CORPORATION AND/ORTHEIR AFFILIATES BE LIABLE FOR ANYAMOUNT IN EXCESS OF U.S. TWOHUNDRED FIFTY DOLLARS (U.S.$250.00).
•THERE ARE NO WARRANTIES OTHERTHAN THOSE THAT MAY EXPRESSLYBE PROVIDED FOR YOUR NEWVEHICLE.
Adobe
Contains Adobe® [Flash® Player] or[AIR®] technology by Adobe SystemsIncorporated. This [Licensee Product]contains [Adobe® Flash® Player][Adobe® AIR®] software under licensefrom Adobe Systems Incorporated,Copyright ©1995-2009 AdobeMacromedia Software LLC. All rightsreserved. Adobe, Flash and AIR aretrademarks of Adobe SystemsIncorporated.
End User Notice
Microsoft® Windows® Mobile forAutomotive Important SafetyInformation
This system Ford SYNC™ containssoftware that is licensed to ManufacturerFORD MOTOR COMPANY by an affiliateof Microsoft Corporation pursuant to alicense agreement. Any removal,reproduction, reverse engineering or otherunauthorized use of the software from thissystem in violation of the licenseagreement is strictly prohibited and maysubject you to legal action.
Read and follow instructions: Beforeusing your Windows Automotive- basedsystem, read and follow all instructionsand safety information provided in this enduser manual ("User's Guide"). Notfollowing precautions found in this User'sGuide can lead to an accident or otherserious consequences.
Keep User's Guide in vehicle: When keptin the vehicle, the User's Guide will be aready reference for you and other usersunfamiliar with the WindowsAutomotive-based system. Please makecertain that before using the system forthe first time, all persons have access tothe User's Guide and read its instructionsand safety information carefully.
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WARNING
Operating certain parts of thissystem while driving can distractyour attention away from the road,and possibly cause an accident or otherserious consequences. Do not changesystem settings or enter data non-verbally(using your hands) while driving. Stop thevehicle in a safe and legal manner beforeattempting these operations. This isimportant since while setting up orchanging some functions you might berequired to distract your attention awayfrom the road and remove your hands fromthe wheel.
General Operation
Voice Command Control: Functionswithin the Windows Automotive-basedsystem may be accomplished using onlyvoice commands. Using voice commandswhile driving allows you to operate thesystem without removing your hands fromthe wheel.
Prolonged Views of Screen: Do notaccess any function requiring a prolongedview of the screen while you are driving.Pull over in a safe and legal manner beforeattempting to access a function of thesystem requiring prolonged attention. Evenoccasional short scans to the screen maybe hazardous if your attention has beendiverted away from your driving task at acritical time.
Volume Setting: Do not raise the volumeexcessively. Keep the volume at a levelwhere you can still hear outside traffic andemergency signals while driving. Drivingwhile unable to hear these sounds couldcause an accident.
Use of Speech Recognition Functions:Speech recognition software is inherentlya statistical process which is subject toerrors. It is your responsibility to monitorany speech recognition functions includedin the system and address any errors.
Navigation Features: Any navigationfeatures included in the system areintended to provide turn by turninstructions to get you to a desireddestination. Please make certain allpersons using this system carefully readand follow instructions and safetyinformation fully.
Distraction Hazard: Any navigationfeatures may require manual (non-verbal)setup. Attempting to perform such set-upor insert data while driving can seriouslydistract your attention and could cause anaccident or other serious consequences.Stop the vehicle in a safe and legal mannerbefore attempting these operations.
Let Your Judgment Prevail: Anynavigation features are provided only asan aid. Make your driving decisions basedon your observations of local conditionsand existing traffic regulations. Any suchfeature is not a substitute for your personaljudgment. Any route suggestions made bythis system should never replace any localtraffic regulations or your personaljudgment or knowledge of safe drivingpractices.
Route Safety: Do not follow the routesuggestions if doing so would result in anunsafe or illegal maneuver, if you would beplaced in an unsafe situation, or if youwould be directed into an area that youconsider unsafe. The driver is ultimatelyresponsible for the safe operation of thevehicle and therefore, must evaluatewhether it is safe to follow the suggesteddirections.
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Potential Map Inaccuracy: Maps usedby this system may be inaccurate becauseof changes in roads, traffic controls ordriving conditions. Always use goodjudgment and common sense whenfollowing the suggested routes.
Emergency Services: Do not rely on anynavigation features included in the systemto route you to emergency services. Asklocal authorities or an emergency servicesoperator for these locations. Not allemergency services such as police, firestations, hospitals and clinics are likely tobe contained in the map database for suchnavigation features.
TeleNav Software End User LicenseAgreement
Please read these terms and conditionscarefully before you use the TelenavSoftware. Your use of the TelenavSoftware indicates that you accept theseterms and conditions. If you do not acceptthese terms and conditions, do not breakthe seal of the package, launch, orotherwise use the Telenav Software.
These terms and conditions represent theagreement (“Agreement”) between youand Telenav, Inc. (“Telenav”) with respectto the Telenav Software (includingupgrades, modifications, or additionsthereto) (collectively “Telenav Software”).All references herein to “you” and “your”means you, your employees, agents, andcontractors, and any other entity on whosebehalf you accept these terms andconditions, all of whom shall also be boundby this Agreement. Additionally, all of youraccount information, as well as otherpayment and personal informationprovided by you to Telenav (directly orthrough the use of the Telenav Software,is subject to Telenav’s privacy policylocated at http://www.telenav.com.
Telenav may revise this Agreement andthe privacy policy at any time, with orwithout notice to you. You agree to visithttp://www.telenav.com from time to timeto review the then current version of thisAgreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attentionto the Telenav Software may pose a riskof injury or death to you and others insituations that otherwise require yourundivided attention, and you thereforeagree to comply with the following whenusing the Telenav Software: (a) observeall traffic laws and otherwise drive safely;(b) use your own personal judgment whiledriving. If you feel that a route suggestedby the Telenav Software instructs you toperform an unsafe or illegal maneuver,places you in an unsafe situation, or directsyou into an area that you consider to beunsafe, do not follow such instructions; (c)do not input destinations, or otherwisemanipulate the Telenav Software, unlessyour vehicle is stationary and parked; (d)do not use the Telenav Software for anyillegal, unauthorized, unintended, unsafe,hazardous, or unlawful purposes, or in anymanner inconsistent with this Agreement;(e) arrange all GPS and wireless devicesand cables necessary for use of theTelenav Software in a secure manner inyour vehicle so that they will not interferewith your driving and will not prevent theoperation of any safety device (such as anairbag).
You agree to indemnify and hold Telenavharmless against all claims resulting fromany dangerous or otherwise inappropriateuse of the Telenav Software in any movingvehicle, including as a result of your failureto comply with the directions above.
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2. Account Information
You agree: (a) when registering theTelenav Software, to provide Telenav withtrue, accurate, current, and completeinformation about yourself, and (b) toinform Telenav promptly of any changesto such information, and to keep it true,accurate, current and complete.
3. Software License
Subject to your compliance with the termsof this Agreement, Telenav hereby grantsto you a personal, non-exclusive,non-transferable license (except asexpressly permitted below in connectionwith your permanent transfer of theTelenav Software license), without theright to sublicense, to use the TelenavSoftware (in object code form only) inorder to access and use the TelenavSoftware. This license shall terminate uponany termination or expiration of thisAgreement. You agree that you will use theTelenav Software only for your personalbusiness or leisure purposes, and not toprovide commercial navigation services toother parties.
3.1 License Limitations
You agree not to do any of the following:(a) reverse engineer, decompile,disassemble, translate, modify, alter orotherwise change the Telenav Softwareor any part thereof; (b) attempt to derivethe source code, audio library or structureof the Telenav Software without the priorexpress written consent of Telenav; (c)remove from the Telenav Software, oralter, any of Telenav’s or its suppliers’trademarks, trade names, logos, patent orcopyright notices, or other notices ormarkings; (d) distribute, sublicense orotherwise transfer the Telenav Softwareto others, except as part of your permanenttransfer of the Telenav Software; or (e)use the Telenav Software in any mannerthat (i) infringes the intellectual property
or proprietary rights, rights of publicity orprivacy or other rights of any party, (ii)violates any law, statute, ordinance orregulation, including but not limited to lawsand regulations related to spamming,privacy, consumer and child protection,obscenity or defamation, or (iii) is harmful,threatening, abusive, harassing, tortuous,defamatory, vulgar, obscene, libelous, orotherwise objectionable; and (f) lease, rentout, or otherwise permit unauthorizedaccess by third parties to the TelenavSoftware without advanced writtenpermission of Telenav.
4. Disclaimers
To the fullest extent permissible pursuantto applicable law, in no event will Telenav,its licensors and suppliers, or agents oremployees of any of the foregoing, beliable for any decision made or actiontaken by you or anyone else in reliance onthe information provided by the TelenavSoftware. Telenav also does not warrantthe accuracy of the map or other data usedfor the Telenav Software. Such data maynot always reflect reality due to, amongother things, road closures, construction,weather, new roads and other changingconditions. You are responsible for theentire risk arising out of your use of theTelenav Software. For example butwithout limitation, you agree not to rely onthe Telenav Software for critical navigationin areas where the well-being or survivalof you or others is dependent on theaccuracy of navigation, as the maps orfunctionality of the Telenav Software arenot intended to support such high riskapplications, especially in more remotegeographical areas.
TELENAV EXPRESSLY DISCLAIMS ANDEXCLUDES ALL WARRANTIES INCONNECTION WITH THE TELENAVSOFTWARE, WHETHER STATUTORY,EXPRESS OR IMPLIED, INCLUDING ALLWARRANTIES WHICH MAY ARISE FROM
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COURSE OF DEALING, CUSTOM ORTRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE ANDNON-INFRINGEMENT OF THIRD PARTYRIGHTS WITH RESPECT TO THE TELENAVSOFTWARE. Certain jurisdictions do notpermit the disclaimer of certain warranties,so this limitation may not apply to you.
5. Limitation of Liability
TO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAV ORITS LICENSORS AND SUPPLIERS BELIABLE TO YOU OR TO ANY THIRD PARTYFOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL OREXEMPLARY DAMAGES (INCLUDING INEACH CASE, BUT NOT LIMITED TO,DAMAGES FOR THE INABILITY TO USETHE EQUIPMENT OR ACCESS DATA,LOSS OF DATA, LOSS OF BUSINESS,LOSS OF PROFITS, BUSINESSINTERRUPTION OR THE LIKE) ARISINGOUT OF THE USE OF OR INABILITY TOUSE THE TELENAV SOFTWARE, EVEN IFTELENAV HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGESTHAT YOU MIGHT INCUR FOR ANYREASON WHATSOEVER (INCLUDING,WITHOUT LIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALL DIRECTOR GENERAL DAMAGES IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OROTHERWISE), THE ENTIRE LIABILITY OFTELENAV AND OF ALL OF TELENAV’SSUPPLIERS SHALL BE LIMITED TO THEAMOUNT ACTUALLY PAID BY YOU FORTHE TELENAV SOFTWARE. SOME
STATES AND/OR JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATIONSOR EXCLUSIONS MAY NOT APPLY TOYOU.
6. Arbitration and Governing Law
You agree that any dispute, claim orcontroversy arising out of or relating to thisAgreement or the Telenav Software shallbe settled by independent arbitrationinvolving a neutral arbitrator andadministered by the American ArbitrationAssociation in the County of Santa Clara,California. The arbitrator shall apply theCommercial Arbitration Rules of theAmerican Arbitration Association, and thejudgment upon the award rendered by thearbitrator may be entered by any courthaving jurisdiction. Note that there is nojudge or jury in an arbitration proceedingand the decision of the arbitrator shall bebinding upon both parties. You expresslyagree to waive your right to a jury trial.
This Agreement and performancehereunder will be governed by andconstrued in accordance with the laws ofthe State of California, without givingeffect to its conflict of laws provisions. Tothe extent judicial action is necessary inconnection with the binding arbitration,both Telenav and you agree to submit tothe exclusive jurisdiction of the courts ofthe County of Santa Clara, California. TheUnited Nations Convention on Contractsfor the International Sale of Goods shallnot apply.
7. Assignment
You may not resell, assign, or transfer thisAgreement or any of your rights orobligations, except in totality, in connectionwith your permanent transfer of theTelenav Software, and expresslyconditioned upon the new user of theTelenav Software agreeing to be bound by
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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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