2015 FORD C MAX HYBRID service

END USER LICENSE
AGREEMENT
SYNC End User License Agreement
(EULA)
•
You have acquired a device ("DEVICE")
that includes software licensed by Ford
Motor Company and its affiliates
("FORD MOTOR COMPANY") from an
affiliate of Microsoft Corporation
("MS") . Those installed software
products of MS origin, as well as
associated media, printed materials,
and "online" or electronic
documentation ("MS SOFTWARE")
are protected by international
intellectual property laws and treaties.
The MS SOFTWARE is licensed, not
sold. All rights reserved.
• The MS SOFTWARE may interface with
and/or communicate with, or may be
later upgraded to interface with and/or
communicate with additional software
and/or systems provided by FORD
MOTOR COMPANY. The additional
software and systems of FORD
MOTOR COMPANY origin, as well as
associated media, printed materials,
and "online" or electronic
documentation ("FORD SOFTWARE")
are protected by international
intellectual property laws and treaties.
The FORD SOFTWARE is licensed, not
sold. All rights reserved. •
The MS SOFTWARE and/or FORD
SOFTWARE may interface with and/or
communicate with, or may be later
upgraded to interface with and/or
communicate with additional software
and/or systems provided by third party
software and service suppliers. The
additional software and services of
third party origin, as well as associated
media, printed materials, and "online"
or electronic documentation ("THIRD
PARTY SOFTWARE") are protected by
international intellectual property laws
and treaties. The THIRD PARTY
SOFTWARE is licensed, not sold. All
rights reserved.
• The MS SOFTWARE, FORD
SOFTWARE and THIRD PARTY
SOFTWARE hereinafter collectively
and individually will be referred to as
"SOFTWARE".
IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA")
DO NOT USE THE DEVICE OR COPY
THE SOFTWARE. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT
LIMITED TO USE ON THE DEVICE, WILL
CONSTITUTE YOUR AGREEMENT TO
THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This
EULA grants you the following license:
• You may use the SOFTWARE as
installed on the DEVICE and as
otherwise interfacing with systems
and/or services provide by or through
FORD MOTOR COMPANY or its third
party software and service providers.
409
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

Description of Other Rights and
Limitations
•
Speech Recognition: If the
SOFTWARE includes speech
recognition component(s), you should
understand that speech recognition is
an inherently statistical process and
that recognition errors are inherent in
the process. Neither FORD MOTOR
COMPANY nor its suppliers shall be
liable for any damages arising out of
errors in the speech recognition
process.
• Limitations on Reverse Engineering,
Decompilation and Disassembly:
You may not reverse engineer,
decompile, or disassemble nor permit
others to reverse engineer, decompile
or disassemble the SOFTWARE, except
and only to the extent that such activity
is expressly permitted by applicable
law notwithstanding this limitation.
• Limitations on Distributing,
Copying, Modifying and Creating
Derivative Works:
You may not
distribute, copy, make modifications
to or create derivative works based on
the SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation.
• Single EULA:
The end user
documentation for the DEVICE and
related systems and services may
contain multiple EULAs, such as
multiple translations and/or multiple
media versions (e.g., in the user
documentation and in the software).
Even if you receive multiple EULAs, you
are licensed to use only one (1) copy of
the SOFTWARE. •
SOFTWARE Transfer:
You may
permanently transfer your rights under
this EULA only as part of a sale or
transfer of the DEVICE, provided you
retain no copies, you transfer all of the
SOFTWARE (including all component
parts, the media and printed materials,
any upgrades, and, if applicable, the
Certificate(s) of Authenticity), and the
recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade,
any transfer must include all prior
versions of the SOFTWARE.
• Termination: Without prejudice to any
other rights, FORD MOTOR COMPANY
or MS may terminate this EULA if you
fail to comply with the terms and
conditions of this EULA.
• Security Updates/Digital Rights
Management:
Content owners use
the WMDRM technology included in
your DEVICE to protect their
intellectual property, included
copyrighted content. Portions of the
SOFTWARE on your DEVICE use
WMDRM software to access
WMDRM-protected content. If the
WMDRM software fails to protect the
content, content owners may ask
Microsoft to revoke the SOFTWARE's
ability to use WMDRM to play or copy
protected content. This action does
not affect unprotected content. When
your DEVICE downloads licenses for
protected content, you agree that
Microsoft may include a revocation list
with the licenses. Content owners may
require you to upgrade the SOFTWARE
on your DEVICE to access their content.
If you decline an upgrade, you will not
be able to access content that requires
the upgrade.
410
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

•
Consent to Use of Data: You agree
that MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and systems suppliers, their
affiliates and/or their designated agent
may collect and use technical
information gathered in any manner as
part of product support services related
to the SOFTWARE or related services.
MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and services suppliers, their
affiliates and/or their designated agent
may use this information solely to
improve their products or to provide
customized services or technologies to
you. MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and systems suppliers, their
affiliates and/or their designated agent
may disclose this information to others,
but not in a form that personally
identifies you.
• Internet-Based Services
Components:
The SOFTWARE may
contain components that enable and
facilitate the use of certain
Internet-based services. You
acknowledge and agree that MS,
Microsoft Corporation, FORD MOTOR
COMPANY, third party software and
service suppliers, their affiliates and/or
their designated agent may
automatically check the version of the
SOFTWARE and/or its components
that you are utilizing and may provide
upgrades or supplements to the
SOFTWARE that may be automatically
downloaded to your DEVICE.
• Additional Software/Services: The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, MS, Microsoft
Corporation, their affiliates and/or their
designated agent to provide or make
available to you SOFTWARE updates, supplements, add-on components, or
Internet-based services components
of the SOFTWARE after the date you
obtain your initial copy of the
SOFTWARE ("Supplemental
Components").
If FORD MOTOR COMPANY or third party
software and services suppliers provide or
make available to you Supplemental
Components and no other EULA terms are
provided along with the Supplemental
Components, then the terms of this EULA
shall apply.
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.
411
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

•
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" or "For Recovery Purposes
Only" you 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 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/.
412
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

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 THIRD 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).
• THERE ARE NO WARRANTIES OTHER
THAN THOSE THAT MAY EXPRESSLY
BE PROVIDED FOR YOUR NEW
VEHICLE. Adobe
Contains Adobe® [Flash® Player] or
[AIR®] technology by Adobe Systems
Incorporated. This [Licensee Product]
contains [Adobe® Flash® Player]
[Adobe® AIR®] software under license
from Adobe Systems Incorporated,
Copyright ©1995-2009 Adobe
Macromedia Software LLC. All rights
reserved. Adobe, Flash and AIR are
trademarks of Adobe Systems
Incorporated.
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.
413
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

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 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).
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.
415
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

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.
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
416
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices

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
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.
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 HERE 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,
419
C-MAX (CCG) Mexico/United States of America/Canada, enUSA, CPE Review Appendices