2014 LINCOLN MKS Owners Manual

End user notice
Microsoft® Windows® Mobile for Automotive Important Safety
Information
This system Ford SYNC™ contains software that is licensed to
Manufacturer FORD MOTOR COMPANY by an affiliate of Microsoft
Corporation pursuant to a license agreement. Any removal, reproduction,
reverse engineering or other unauthorized use of the software from this
system in violation of the license agreement is strictly prohibited and
may subject you to legal action.
Read and follow instructions
Before using your Windows Automotive-based system, read and follow all
instructions and safety information provided in this end user manual
(“User’s Guide”). Not following precautions found in this User’s Guide
can lead to an accident or other serious consequences.
Keep User’s Guide in Vehicle
When kept in the vehicle, the User’s Guide will be a ready reference for
you and other users unfamiliar with the Windows Automotive-based
system. Please make certain that before using the system for the first
time, all persons have access to the User’s Guide and read its
instructions and safety information carefully.
WARNING:Operating certain parts of this system while driving
can distract your attention away from the road, and possibly
cause an accident or other serious consequences. Do not change
system settings or enter data non-verbally (using your hands) while
driving. Stop the vehicle in a safe and legal manner before attempting
these operations. This is important since while setting up or changing
some functions you might be required to distract your attention away
from the road and remove your hands from the wheel.
General operation
Voice Command Control
Functions within the Windows Automotive-based system may be
accomplished using only voice commands. Using voice commands while
driving allows you to operate the system without removing your hands
from the wheel.
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Prolonged Views of Screen
Do not access any function requiring a prolonged view of the screen
while you are driving. Pull over in a safe and legal manner before
attempting to access a function of the system requiring prolonged
attention. Even occasional short scans to the screen may be hazardous if
your attention has been diverted away from your driving task at a critical
time.
Volume Setting
Do not raise the volume excessively. Keep the volume at a level where
you can still hear outside traffic and emergency signals while driving.
Driving while unable to hear these sounds could cause an accident.
Use of Speech Recognition Functions
Speech recognition software is inherently a statistical process which is
subject to errors. It is your responsibility to monitor any speech
recognition functions included in the system and address any errors.
Navigation Features
Any navigation features included in the system are intended to provide
turn by turn instructions to get you to a desired destination. Please make
certain all persons using this system carefully read and follow
instructions and safety information fully.
Distraction Hazard
Any navigation features may require manual (non-verbal) setup.
Attempting to perform such set-up or insert data while driving can
seriously distract your attention and could cause an accident or other
serious consequences. Stop the vehicle in a safe and legal manner before
attempting these operations.
Let Your Judgment Prevail
Any navigation features are provided only as an aid. Make your driving
decisions based on your observations of local conditions and existing
traffic regulations. Any such feature is not a substitute for your personal
judgment. Any route suggestions made by this system should never
replace any local traffic regulations or your personal judgment or
knowledge of safe driving practices.
Route Safety
Do not follow the route suggestions if doing so would result in an unsafe
or illegal maneuver, if you would be placed in an unsafe situation, or if
you would be directed into an area that you consider unsafe. The driver
is ultimately responsible for the safe operation of the vehicle and
therefore, must evaluate whether it is safe to follow the suggested
directions.
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Potential Map Inaccuracy
Maps used by this system may be inaccurate because of changes in
roads, traffic controls or driving conditions. Always use good judgment
and common sense when following the suggested routes.
Emergency Services
Do not rely on any navigation features included in the system to route
you to emergency services. Ask local authorities or an emergency
services operator for these locations. Not all emergency services such as
police, fire stations, hospitals and clinics are likely to be contained in the
map database for such navigation features.
TeleNav Software End User License Agreement
Please read these terms and conditions carefully before you use the
TeleNav Software. Your use of the TeleNav Software indicates that
you accept these terms and conditions. If you do not accept these
terms and conditions, do not break the seal of the package, launch,
or otherwise use the TeleNav Software.
TeleNav may revise this Agreement and the privacy policy at any time,
with or without notice to you. You agree to visit http://www.telenav.com
from time to time to review the then current version of this Agreement
and of the privacy policy.
1.Safe and Lawful Use
You acknowledge that devoting attention to the TeleNav Software may
pose a risk of injury or death to you and others in situations that
otherwise require your undivided attention, and you therefore agree to
comply with the following when using the TeleNav Software: (a) observe
all traffic laws and otherwise drive safely; (b) use your own personal
judgment while driving. If you feel that a route suggested by the TeleNav
Software instructs you to perform an unsafe or illegal maneuver, places
you in an unsafe situation, or directs you into an area that you consider
to be unsafe, do not follow such instructions; (c) do not input
destinations, or otherwise manipulate the TeleNav Software, unless your
vehicle is stationary and parked; (d) do not use the TeleNav Software for
any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful
purposes, or in any manner inconsistent with this Agreement; (e)
arrange all GPS and wireless devices and cables necessary for use of the
TeleNav Software in a secure manner in your vehicle so that they will
not interfere with your driving and will not prevent the operation of any
safety device (such as an airbag).
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You agree to indemnify and hold TeleNav harmless against all claims
resulting from any dangerous or otherwise inappropriate use of the
TeleNav Software in any moving vehicle, including as a result of your
failure to comply with the directions above.
2.Account Information
You agree: (a) when registering the TeleNav Software, to provide
TeleNav with true, accurate, current, and complete information about
yourself, and (b) to inform TeleNav promptly of any changes to such
information, and to keep it true, accurate, current and complete.
3.Software License
Subject to your compliance with the terms of this Agreement, TeleNav
hereby grants to you a personal, non-exclusive, non-transferable license
(except as expressly permitted below in connection with your permanent
transfer of the TeleNav Software license), without the right to sublicense,
to use the TeleNav Software (in object code form only) in order to
access and use the TeleNav Software. This license shall terminate upon
any termination or expiration of this Agreement. You agree that you will
use the TeleNav Software only for your personal business or leisure
purposes, and not to provide commercial navigation services to other
parties.
3.1 License limitations
You agree not to do any of the following: (a) reverse engineer,
decompile, disassemble, translate, modify, alter or otherwise change the
TeleNav Software or any part thereof; (b) attempt to derive the source
code, audio library or structure of the TeleNav Software without the
prior express written consent of TeleNav; (c) remove from the TeleNav
Software, or alter, any of TeleNav’s or its suppliers’ trademarks, trade
names, logos, patent or copyright notices, or other notices or markings;
(d) distribute, sublicense or otherwise transfer the TeleNav Software to
others, except as part of your permanent transfer of the TeleNav
Software; or (e) use the TeleNav Software in any manner that (i)
infringes the intellectual property or proprietary rights, rights of publicity
or privacy or other rights of any party, (ii) violates any law, statute,
ordinance or regulation, including but not limited to laws and regulations
related to spamming, privacy, consumer and child protection, obscenity
or defamation, or (iii) is harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, or otherwise
objectionable; and (f) lease, rent out, or otherwise permit unauthorized
access by third parties to the TeleNav Software without advanced written
permission of TeleNav.
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4.Disclaimers
To the fullest extent permissible pursuant to applicable law, in no event
will TeleNav, its licensors and suppliers, or agents or employees of any of
the foregoing, be liable for any decision made or action taken by you or
anyone else in reliance on the information provided by the TeleNav
Software. TeleNav also does not warrant the accuracy of the map or
other data used for the TeleNav Software. Such data may not always
reflect reality due to, among other things, road closures, construction,
weather, new roads and other changing conditions. You are responsible
for the entire risk arising out of your use of the TeleNav Software. For
example but without limitation, you agree not to rely on the TeleNav
Software for critical navigation in areas where the well-being or survival
of you or others is dependent on the accuracy of navigation, as the maps
or functionality of the TeleNav Software are not intended to support
such high risk applications, especially in more remote geographical areas.
TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES
IN CONNECTION WITH THE TELENAV SOFTWARE, WHETHER
STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES
WHICH MAY ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE
AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO
THE TELENAV SOFTWARE. Certain jurisdictions do not permit the
disclaimer of certain warranties, so this limitation may not apply to you.
5.Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND SUPPLIERS
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR
THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE TELENAV SOFTWARE, EVEN IF TELENAV HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL
DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE), THE ENTIRE LIABILITY OF TELENAV AND OF ALL OF
TELENAV’S SUPPLIERS SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE TELENAV SOFTWARE. SOME STATES
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AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6.Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or relating
to this Agreement or the TeleNav Software shall be settled by independent
arbitration involving a neutral arbitrator and administered by the American
Arbitration Association in the County of Santa Clara, California. The
arbitrator shall apply the Commercial Arbitration Rules of the American
Arbitration Association, and the judgment upon the award rendered by the
arbitrator may be entered by any court having jurisdiction. Note that there
is no judge or jury in an arbitration proceeding and the decision of the
arbitrator shall be binding upon both parties. You expressly agree to waive
your right to a jury trial.
This Agreement and performance hereunder will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to its conflict of laws provisions. To the extent judicial action
is necessary in connection with the binding arbitration, both TeleNav and
you agree to submit to the exclusive jurisdiction of the courts of the
County of Santa Clara, California. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply.
7.Assignment
You may not resell, assign, or transfer this Agreement or any of your
rights or obligations, except in totality, in connection with your
permanent transfer of the TeleNav Software, and expressly conditioned
upon the new user of the TeleNav Software agreeing to be bound by the
terms and conditions of this Agreement. Any such sale, assignment or
transfer that is not expressly permitted under this paragraph will result
in immediate termination of this Agreement, without liability to TeleNav,
in which case you and all other parties shall immediately cease all use of
the TeleNav Software. Notwithstanding the foregoing, TeleNav may
assign this Agreement to any other party at any time without notice,
provided the assignee remains bound by this Agreement.
8.Miscellaneous
8.1 This Agreement constitutes the entire agreement between TeleNav and
you with respect to the subject matter hereof.
8.2 Except for the limited licenses expressly granted in this Agreement,
TeleNav retains all right, title and interest in and to the TeleNav Software,
including without limitation all related intellectual property rights. No
licenses or other rights which are not expressly granted in this Agreement
are intended to, or shall be, granted or conferred by implication, statute,
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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 installed, copied, or used the Data, you must
contact your retailer or NAVTEQ North America, LLC (“NT”) within
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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.
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