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•
Mobile communications systems may
harm the operation of your vehicle,
particularly if their manufacturer did not
design them specifically for automotive
use.
• If you or an authorized Lincoln dealer add
any non-Lincoln electrical or electronic
accessories or components to your
vehicle, you may adversely affect battery
performance and durability. In addition,
you may also adversely affect the
performance of other electrical systems
in the vehicle.
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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).
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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.
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.
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•
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.
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•
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/.
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.
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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. 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. 379
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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.
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.
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.
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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.
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
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