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If MS, Microsoft Corporation, their affiliates and/or their designated agent
make available Supplemental Components, and no other EULA terms are
provided, then the terms of this EULA shall apply, except that the MS,
Microsoft Corporation or affiliate entity providing the Supplemental
Component(s) shall be the licensor of the Supplemental Component(s).
FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates
and/or their designated agent reserve the right to discontinue without
liability any Internet-based services provided to you or made available to
you through the use of the SOFTWARE.
•Links to Third Party Sites:The MS SOFTWARE may provide you
with the ability to link to third party sites through the use of the
SOFTWARE. The third party sites are not under the control of MS,
Microsoft Corporation, their affiliates and/or their designated agent.
Neither MS nor Microsoft Corporation nor their affiliates nor their
designated 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 third party sites, or (ii) webcasting or any other form of
transmission received from any third party sites. If the SOFTWARE
provides links to third party sites, those links are provided to you only
as a convenience, and the inclusion of any link does not imply an
endorsement of the third party site by MS, Microsoft Corporation,
their affiliates and/or their designated agent.
•Obligation to Drive Responsibly:You recognize your obligation to
drive responsibly and keep attention on the road. You will read and
abide with the DEVICE operating instructions particularly as they
pertain to safety and assumes any risk associated with the use of the
DEVICE.
UPGRADES AND RECOVERY MEDIA:If the SOFTWARE is provided
by FORD MOTOR COMPANY separate from the DEVICE on media such
as a ROM chip, CD ROM disk(s) or via web download or other means,
and is labeled “For Upgrade Purposes Only” orFor Recovery Purposes
Onlyyou may install one (1) copy of such SOFTWARE onto the
DEVICE as a replacement copy for the existing SOFTWARE, and use it
in accordance with this EULA, including any additional EULA terms
accompanying the upgrade SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:All title and intellectual
property rights in and to the SOFTWARE (including but not limited to
any images, photographs, animations, video, audio, music, text and
“applets,” incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by MS,
Microsoft Corporation, FORD MOTOR COMPANY, or their affiliates or
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suppliers. The SOFTWARE is licensed, not sold. You may not copy the
printed materials accompanying the SOFTWARE. All title and intellectual
property rights in and to the content which may be accessed through use
of the SOFTWARE is the property of the respective content owner and
may be protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants you no rights to use such content.
All rights not specifically granted under this EULA are reserved by MS,
Microsoft Corporation, FORD MOTOR COMPANY, third party software
and service providers, their affiliates and suppliers. Use of any on-line
services which may be accessed through the SOFTWARE may be
governed by the respective terms of use relating to such services. If this
SOFTWARE contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation.
EXPORT RESTRICTIONS:You acknowledge that the SOFTWARE is
subject to U.S. and European Union export jurisdiction. You agree to
comply with all applicable international and national laws that apply to
the SOFTWARE, including the U.S. Export Administration Regulations,
as well as end-user, end-use and destination restrictions issued by U.S.
and other governments. For additional information, see
http://www.microsoft.com/exporting/.
TRADEMARKS:This EULA does not grant you any rights in connection
with any trademarks or service marks of FORD MOTOR COMPANY, MS,
Microsoft Corporation, third party software or service providers, their
affiliates or suppliers.
PRODUCT SUPPORT:Product support for the SOFTWARE is not
provided by MS, its parent corporation Microsoft Corporation, or their
affiliates or subsidiaries. For product support, please refer to FORD
MOTOR COMPANY instructions provided in the documentation for the
DEVICE. Should you have any questions concerning this EULA, or if you
desire to contact FORD MOTOR COMPANY for any other reason, please
refer to the address provided in the documentation for the DEVICE.
No Liability for Certain Damages:EXCEPT AS PROHIBITED BY
LAW, FORD MOTOR COMPANY, ANY THRID PARTY SOFTWARE OR
SERVICES SUPPLIERS, MS, MICROSOFT CORPORATION AND THEIR
AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING
FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL
MS, MICROSOFT CORPORATION AND/OR THEIR AFFILIATES BE
LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED
FIFTY DOLLARS (U.S.$250.00).
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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.
These terms and conditions represent the agreement (“Agreement”)
between you and Telenav, Inc. (“Telenav”) with respect to the Telenav
Software (including upgrades, modifications, or additions thereto)
(collectively “Telenav Software”). All references herein to “you” and
“your” means you, your employees, agents, and contractors, and any
other entity on whose behalf you accept these terms and conditions, all
of whom shall also be bound by this Agreement. Additionally, all of your
account information, as well as other payment and personal information
provided by you to Telenav (directly or through the use of the Telenav
Software, is subject to Telenav’s privacy policy located at
http://www.telenav.com.
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
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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.
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,
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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
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”.
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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:
End User License Agreement For Distribution By HERE For North
America/APAC
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 HERE North America, LLC (as defined below)
within thirty (30) days of purchase for a refund of 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. 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 HERE and its licensors (including their
licensors and suppliers) on the other hand. For purposes of these terms,
“HERE” shall mean (a) HERE North America, LLC with respect to Data
for the Americas and/or the Asia Pacific region and (b) HERE Europe
B.V. for Data for Europe, the Middle East and/or Africa.
The Data includes certain information and related content provided
under license to HERE from third parties and is subject to the applicable
supplier terms and copyright notices set forth at the following URL:
http://corporate.navteq.com/supplier_terms.html.
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.
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Disclaimer of Liability:HERE 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 HERE 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 HERE 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 HERE (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 HERE 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 (for Data for the Americas and/or the
Asia Pacific region) or The Netherlands (for Data for Europe, the Middle
East and Africa), 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. For any and all
disputes, claims and actions arising from or in connection with the Data
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