2014 LINCOLN MKT Owners Manual

3.1 License limitationsYou 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.
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.
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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 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.
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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, 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
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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
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.
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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.
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.
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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.
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.
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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 item” 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 EndUser 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 JiWire2013 JiWire.
Gracenote® Copyright
CD and music — related data from Gracenote, Inc., copyright
2000–2007 Gracenote. Gracenote Software, copyright2000–2007
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.
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Gracenote and CDDB are registered trademarks of Gracenote. The
Gracenote logo and logotype, and thePowered 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”).
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.
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