2014 FORD MONDEO ESP

Downloaded from www.Manualslib.com manuals search engine THE TELENAV SOFTWARE. SOMESTATES 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 the
Telenav Software agreeing to be bound bythe 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
418Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine Disclaimer of Liability:
TELENAV AND ITS LICENSORS(INCLUDING THEIR LICENSORS ANDSUPPLIERS) SHALL NOT BE LIABLE TOYOU: IN RESPECT OF ANY CLAIM,DEMAND OR ACTION, IRRESPECTIVE OFTHE NATURE OF THE CAUSE OF THECLAIM, DEMAND OR ACTION ALLEGINGANY LOSS, INJURY OR DAMAGES, DIRECTOR INDIRECT, WHICH MAY RESULT FROMTHE USE OR POSSESSION OF THEINFORMATION; OR FOR ANY LOSS OFPROFIT, REVENUE, CONTRACTS ORSAVINGS, OR ANY OTHER DIRECT,INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISINGOUT OF YOUR USE OF OR INABILITY TOUSE THIS INFORMATION, ANY DEFECT INTHE INFORMATION, OR THE BREACH OFTHESE TERMS OR CONDITIONS,WHETHER IN AN ACTION IN CONTRACTOR TORT OR BASED ON A WARRANTY,EVEN IF TELENAV OR ITS LICENSORSHAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. SomeStates, Territories and Countries do notallow certain liability exclusions ordamages limitations, so to that extent theabove may not apply to you.
Export Control.
You shall not export from anywhere anypart 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 extent
that 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.
Entire Agreement.
These terms and conditions constitute theentire agreement between Telenav (andits licensors, 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.
Governing Law.
The above terms and conditions shall begoverned by the laws of the State of Illinois[insert “Netherlands” where EuropeanHERE Data is used], without giving effectto (i) its conflict of laws provisions, or (ii)the United Nations Convention forContracts for the International Sale ofGoods, which is explicitly excluded. Youagree to submit to the jurisdiction of theState of Illinois [insert “The Netherlands”where European HERE Data is used] forany and all disputes, claims and actionsarising from or in connection with the Dataprovided 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 these End-User Terms,and each copy of Data delivered orotherwise furnished shall be marked andembedded as appropriate with thefollowing “Notice of Use,” and shall betreated in accordance with such Notice:
421Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine NOTICE OF USE
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia, 425West Randolph Street, Chicago, Illinois60606
This Data is a commercial item asdefined in FAR 2.101 and is subject tothese End-User Terms under which thisData was provided.
© 1987 – 2014 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.
I. US/Canada Territory
A. United States Data. The End-UserTerms for any Application containingData for the United States shall containthe following notices:
“HERE holds a non-exclusive licensefrom the United States PostalService® to publish and sell ZIP+4®information.”
“©United States Postal Service®20XX. Prices are not established,controlled or approved by the UnitedStates Postal Service®. The followingtrademarks and registrations areowned by the USPS: United StatesPostal Service, USPS, and ZIP+4.”
B. Canada Data. The following provi-sions apply to the Data for Canada,which may include or reflect data fromthird party licensors (“Third PartyData”), including Her Majesty the Queenin Right of Canada (“Her Majesty”),Canada Post Corporation (“CanadaPost”) and the Department of NaturalResources of Canada (“NRCan”):
1. Disclaimer and Limitation: Clientagrees that its use of the Third PartyData is subject to the following provi-sions:
a. Disclaimer: The Third Party Datais licensed on an “as is” basis. Thelicensors of such data, including HerMajesty, Canada Post and NRCan,make no guarantees, representa-tions or warranties respecting suchdata, either express or implied,arising by law or otherwise, includingbut not limited to, effectiveness,completeness, accuracy or fitnessfor a particular purpose.
b. Limitation on Liability: The ThirdParty Data licensors, including HerMajesty, Canada Post and NRCan,shall not be liable: (i) in respect ofany claim, demand or action, irre-spective of the nature of the causeof the claim, demand or actionalleging any loss, injury or damages,direct or indirect, which may resultfrom the use or possession of suchData; or (ii) in any way for loss ofrevenues or contracts, or any otherconsequential loss of any kindresulting from any defect in theData.
422Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine 2. Copyright Notice: In connection witheach copy of all or any portion of theData for the Territory of Canada, Clientshall affix in a conspicuous manner thefollowing copyright notice on at leastone of: (i) the label for the storagemedia of the copy; (ii) the packagingfor the copy; or (iii) other materialspackaged with the copy, such as usermanuals or end user license agree-ments: “This data includes informationtaken with permission from Canadianauthorities, including © Her Majestythe Queen in Right of Canada, ©Queen's Printer for Ontario, © CanadaPost Corporation, GeoBase®, © TheDepartment of Natural ResourcesCanada. All rights reserved.”
3. End-User Terms: Except as other-wise agreed by the parties, in connec-tion with the provision of any portionof the Data for the Territory of Canadato End-Users as may be authorizedunder the Agreement, Client shallprovide such End-Users, in a reason-ably conspicuous manner, with terms(set forth with other end user termsrequired to be provided under theAgreement, or as otherwise may beprovided, by Client) which shall includethe following provisions on behalf ofthe Third Party Data licensors,including Her Majesty, Canada Postand NRCan:
The Data may include or reflectdata of licensors, including HerMajesty the Queen in the Right ofCanada (“Her Majesty”), CanadaPost Corporation (“Canada Post”)and the Department of NaturalResources Canada (“NRCan”). Suchdata is licensed on an “as is” basis.The licensors, including Her Majesty,Canada Post and NRCan, make noguarantees, representations orwarranties respecting such data,
either express or implied, arising bylaw or otherwise, including but notlimited to, effectiveness, complete-ness, accuracy or fitness for aparticular purpose. The licensors,including Her Majesty, Canada Postand NRCan, shall not be liable inrespect of any claim, demand oraction, irrespective of the nature ofthe cause of the claim, demand oraction alleging any loss, injury ordamages, direct or indirect, whichmay result from the use or posses-sion of the data or the Data. Thelicensors, including Her Majesty,Canada Post and NRCan, shall notbe liable in any way for loss ofrevenues or contracts, or any otherconsequential loss of any kindresulting from any defect in the dataor the Data.End User shall indemnify and saveharmless the licensors, including HerMajesty, Canada Post and NRCan,and their officers, employees andagents from and against any claim,demand or action, irrespective ofthe nature of the cause of the claim,demand or action, alleging loss,costs, expenses, damages or injuries(including injuries resulting in death)arising out of the use or possessionof the data or the Data.
4. Additional Provisions: The termscontained in this Section are in addi-tion to all of the rights and obligationsof the parties under the Agreement.To the extent that any of the provi-sions of this Section are inconsistentwith, or conflict with, any other provi-sions of the Agreement, the provisionsof this Section shall prevail.
423Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine II. Mexico. The following provision appliesto the Data for Mexico, which includescertain data from the Instituto Nacionalde Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/orpackaging containing Data for Mexicoshall contain the following notice:“Fuente: INEGI (Instituto Nacional deEstadística y Geografía)”
III. Latin America Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeTerritory
“INSTITUTO GEOGRAFICOMILITAR DEL ECUADORAUTORIZACION N° IGM-2011-01- PCO-01 DEL 25 DEENERO DE 2011”
Ecuador
“source: © IGN 2009 - BDTOPO ®”
“Fuente: INEGI (InstitutoNacional de Estadística yGeografía)”
Guade-loupe,FrenchGuianaandMarti-niqueMexico
IV. Middle East Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeCountry
“© Royal JordanianGeographic Centre”. Theforegoing notice requirementfor Jordan Data is a materialterm of the Agreement. IfClient or any of its permitted
Jordan
sublicensees (if any) fail tomeet such requirement, HEREshall have the right toterminate Client’s licensewith respect to the JordanData.
B. Jordan Data. Client and its permittedsublicensees (if any) are restricted fromlicensing and/or otherwise distributingHERE’s database for the country ofJordan (“Jordan Data”) for use in Enter-prise Applications to (i) non-Jordanianentities for use of the Jordan Data solelyin Jordan or (ii) Jordan-based customers.In addition, Client, its permitted subli-censees (if any) and End-Users arerestricted from using the Jordan Data inEnterprise Applications if such party is(i) a non-Jordanian entity using theJordan Data solely in Jordan or (ii) aJordan-based customer. For purposesof the foregoing,“Enterprise Applica-tions” shall mean Geomarketing applic-ations, GIS applications, mobile businessasset management applications, callcenter applications, telematics applica-tions, public organization Internetapplications or for providing geocodingservices.
424Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable toTraffic Codes. Client acknowledgesand agrees that in certain countries ofthe Europe Territory, Client will needto obtain rights directly from thirdparty RDS-TMC code providers toreceive and use the Traffic Codes inthe Data and to deliver to End-UsersTransactions in any way derived fromor based on such Traffic Codes. Forsuch countries, HERE shall deliver theData incorporating Traffic Codes toClient only after receiving certificationfrom Client of its having obtained suchrights.
2. Display of Third Party RightsLegends for Belgium. Client shall, foreach Transaction that uses TrafficCodes for Belgium, provide thefollowing notice to the End-User:“Traffic Codes for Belgium areprovided by the Ministerie van deVlaamse Gemeenschap and theMinistèrie de l’Equipement et desTransports.”
B. Paper Maps. With respect to anylicense granted to Client relating tomaking, selling or distributing papermaps (i.e., a map fixed on a paper orpaper-like medium): (a) such licensewith respect to Data for the Territory ofGreat Britain is conditioned on Client’sentering into and complying with aseparate written agreement with theOrdnance Survey (“OS”) to create andsell paper maps, Client’s paying to theOS any and all applicable paper maproyalties, and Client’s complying withthe OS copyright notice requirements;(b) such license for selling or otherwisedistributing for charge with respect toData for the Territory of Czech Republic
is conditioned on Client’s obtaining priorwritten consent from Kartografie a.s.;(c) such license for selling or distributingwith respect to Data for the Territory ofSwitzerland is conditioned on Client’sobtaining a permit from Bundesamt fürLandestopografie of Switzerland; (d)Client is restricted from using Data forthe Territory of France to create papermaps with a scale between 1:5,000 and1:250,000; and (e) Client is restrictedfrom using any Data to create, sell ordistribute paper maps that are the sameor substantially similar, in terms of datacontent and specific use of color,symbols and scale, to paper mapspublished by the European nationalmapping agencies, including withoutlimitation, Landervermessungämter ofGermany, Topografische Dienst of theNetherlands, Nationaal GeografischInstituut of Belgium, Bundesamt fürLandestopografie of Switzerland,Bundesamt für Eich-und Vermessung-swesen of Austria, and the NationalLand Survey of Sweden.
C. OS Enforcement. Without limitingSection IV(B) above, with respect toData for the Territory of Great Britain,Client acknowledges and agrees thatthe Ordnance Survey (“OS”) may bringa direct action against Client to enforcecompliance with the OS copyright notice(see Section IV(D) below) and papermap requirements (see Section IV(B)above) contained in this Agreement.
D. Third Party Notices. Any and allcopies of the Data and/or packagingrelating thereto shall include therespective Third Party Notices set forthbelow and used as described belowcorresponding to the Territory (orportion thereof) included in such copy:
NoticeCountry(ies)
425Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine “© Bundesamt für Eich- undVermessungswesen”Austria
“© EuroGeographics”
CroatiaCyprus,Estonia,Latvia,Lithuania,Moldova,Poland,Sloveniaand/orUkraine
“source: © IGN 2009 – BDTOPO ®”France
“Die Grundlagendatenwurden mit Genehmigung derzuständigen Behördenentnommen”
Germany
“Contains Ordnance Surveydata © Crown copyright anddatabase right 2010 ContainsRoyal Mail data © Royal Mailcopyright and database right2010”
GreatBritain
“Copyright Geomatics Ltd.”Greece
“Copyright © 2003; Top-MapLtd.”Hungary
“La Banca Dati Italiana èstata prodotta usando qualeriferimento anche cartografianumerica ed al trattoprodotta e fornita dallaRegione Toscana.”
Italy
“Copyright © 2000; Norwe-gian Mapping Authority”Norway
“Source: IgeoE – Portugal”Portugal
“Información geográficapropiedad del CNIG”Spain
“Based upon electronic data© National Land SurveySweden.”
Sweden
“Topografische Grundlage: ©Bundesamt für Landestopo-graphie.
Switzer-land
E. Respective Country Distribution. Clientacknowledges that HERE has notreceived approvals to distribute mapdata for the following countries in suchrespective countries: Albania, Belarus,Kyrgyzstan, Moldova and Uzbekistan.HERE may update such list from time totime. The license rights granted to Clientunder this TL with respect to the Datafor such countries are contingent uponClient’s compliance with all applicablelaws and regulations, including, withoutlimitation, any required licenses orapprovals to distribute the Applicationincorporating such Data in suchrespective countries.
VI. Australia Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
Copyright. Based on data providedunder license from PSMA AustraliaLimited (www.psma.com.au).
426Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices

Downloaded from www.Manualslib.com manuals search engine Product incorporates data which is ©20XX Telstra Corporation Limited, GMHolden Limited, Intelematics AustraliaPty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. Inaddition to the foregoing, the End-UserTerms for any Application containingRDS-TMC Traffic Codes for Australiashall contain the following notice:“Product incorporates traffic locationcodes which is © 20XX Telstra Corpora-tion Limited and its licensors.”
VII. China Territory
Personal Use Only
You agree to use this Data together with[insert name of Client Application] for thesolely personal, non-commercial purposesfor which you were licensed, and not forservice bureau, time-sharing or othersimilar purposes. Accordingly, but subjectto the restrictions set forth in the followingparagraphs, you may copy this Data onlyas necessary for your personal use to (i)view it, and (ii) save it, provided that youdo not remove any copyright notices thatappear and do not modify the Data in anyway. You agree not to otherwise reproduce,copy, modify, decompile, disassemble orreverse engineer any portion of this Data,and may not transfer or distribute it in anyform, for any purpose, except to the extentpermitted by mandatory laws.
Restrictions
Except where you have been specificallylicensed to do so by NAV2 , and withoutlimiting the preceding paragraph, 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,real time route guidance, fleetmanagement or similar applications; or (b)
with or in communication with anypositioning devices or any mobile orwireless-connected electronic or computerdevices, including without limitationcellular phones, palmtop and handheldcomputers, pagers, and personal digitalassistants or PDAs. You agree to ceaseusing this Data if you fail to comply withthese terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data willperform substantially in accordance withthe accompanying written materials for aperiod of ninety (90) days from the dateof receipt, and (b) any support servicesprovided by NAV2 shall be substantially asdescribed in applicable written materialsprovided to you by NAV2, and NAV2’ssupport engineers will make commerciallyreasonable efforts to solve any problemissues.
rigCustomer Remedies
NAV2 and its suppliers’ entire liability andyour exclusive remedy shall be, at NAV2’ssole discretion, either (a) return of the pricepaid, if any, or (b) repair or replacement ofthe Data that do not meet NAV2’s LimitedWarranty and that are returned to NAV2with a copy of your receipt. This LimitedWarranty is void if failure of the Data hasresulted from accident, abuse, ormisapplication. Any replacement Data willbe warranted for the remainder of theoriginal warranty period or thirty (30) days,whichever is longer. Neither these remediesnor any product support services offeredby NAV2 are available without proof ofpurchase from an authorized internationalsource.
427Mondeo (CNG) Vehicles Built From: 08-09-2014 Vehicles Built Up To: 19-04-2015, CG3633en enGBR, Edition date: 10/2014, First PrintingAppendices