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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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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.
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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.
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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").
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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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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.
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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 this owner's
manual. See Capacities and
Specifications (page 293).
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.
Convenience
Many dealerships have extended evening
and Saturday hours to make your service
visit more convenient and they offer one
stop shopping. They can perform any
services that are required on your vehicle,
from general maintenance to collision
repairs.
Note: Not all dealers have extended hours
or body shops. Please contact your dealer
for details.
Protecting Your Investment Maintenance is an investment that pays
dividends in the form of improved
reliability, durability and resale value. To
maintain the proper performance of your
vehicle and its emission control systems,
make sure you have scheduled
maintenance performed at the designated
intervals.
Fusion Full Hybrid
Your vehicle is equipped with an
information display, which indicates the
proper oil change interval. This interval
may be up to one year or 10000 miles
(16000 kilometers).
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When ENGINE OIL CHANGE DUE or OIL
CHANGE REQUIRED appears in the
information display, it is time for an oil
change. Make sure you perform the oil
change within two weeks or 500 miles
(800 kilometers) of the ENGINE OIL
CHANGE DUE or OIL CHANGE
REQUIRED message appearing. Make
sure you reset the oil monitoring system
after each oil change. See Engine Oil
Check (page 244).
If your information display resets
prematurely, becomes inoperative or the
vehicle battery becomes discharged or
disconnected, the oil monitoring system
resets to 100% oil life. You should change
your engine oil one year or 10000 miles
(16000 kilometers) from the previous oil
change. Never exceed one year or 10000
miles (16000 kilometers) between oil
change intervals.
Fusion Energi Plug-in Hybrid
Your vehicle is equipped with the
Intelligent Oil-Life Monitor system, which
displays a message in the information
display at the proper oil change interval.
This interval may be up to two years or
20000 miles (32000 kilometers).
When ENGINE OIL CHANGE DUE or OIL
CHANGE REQUIRED appears in the
information display, it is time for an oil
change. Make sure you perform the oil
change within two weeks or 500 miles
(800 kilometers) of the ENGINE OIL
CHANGE DUE or OIL CHANGE
REQUIRED message appearing. Make
sure you reset the Intelligent Oil-Life
Monitor after each oil change. See Engine
Oil Check (page 244). If your information display resets
prematurely or becomes inoperative, you
should perform the oil change interval at
six months or 5000 miles (8000
kilometers) from your last oil change.
Never exceed two years or 20000 miles
(32000 kilometers) between oil change
intervals.
All Vehicles
Your vehicle is very sophisticated and built
with multiple, complex, performance
systems. Every manufacturer develops
these systems using different
specifications and performance features.
That is why it is important to rely upon your
dealership to properly diagnose and repair
your vehicle.
Ford Motor Company has recommended
maintenance intervals for various parts
and component systems based upon
engineering testing. Ford Motor Company
relies upon this testing to determine the
most appropriate mileage for replacement
of oils and fluids to protect your vehicle at
the lowest overall cost to you and
recommends against maintenance
schedules that deviate from the scheduled
maintenance information.
We strongly recommend the use of only
genuine Ford, Motorcraft or
Ford-authorized re-manufactured
replacement parts engineered for your
vehicle.
Additives and Chemicals
This owner's manual and the Ford
Workshop Manual list the recommended
additives and chemicals for your vehicle.
We do not recommend using chemicals or
additives not approved by us as part of
your vehicle’s normal maintenance. Please
consult your warranty information.
445Scheduled Maintenance