2015 LINCOLN MKS Owners Manual

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
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
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(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.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.
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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 ”. 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
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.
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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) usethis 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.
Note:
This Data may contain inaccurate or
incomplete information due to the passage of
time, changing circum-stances, 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. HERE 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:
HERE 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:
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.
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.
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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
(“Claims”), you agree to submit to the
personal jurisdiction of (a) the State of Illinois
for Claims related to Data for the Americas
and/or the Asia Pacific region provided to you
hereunder, and (b) The Netherlands for Data
for Europe, the Middle East and/or Africa
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:
HERE
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 End User License
Agreement under
which this Data was provided.
© 1987-2013 HERE. 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 HERE prior to
seeking additional or alternative rights in the
Data.
Gracenote® Copyright
CD and music-related data from Gracenote,
Inc., copyright© 2000-2007 Gracenote.
Gracenote Software, copyright © 2000-2007
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.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote
™" logo are trademarks of
Gracenote.
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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.
Gracenote uses a unique identifier to track
queries for statistical purposes. The purpose
of a randomly assigned numeric identifier is
to allow Gracenote to count queries without
knowing anything about who you are. For
more information, see the web page at
www.gracenote.com for the Gracenote
Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEM
OF GRACENOTE DATA AND THE
GRACENOTE CONTENT ARE LICENSED TO
YOU "AS IS". NEITHER GRACENOTE MAKES
ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE
ACCURACY OF ANY GRACENOTE DATA
FROM THE GRACENOTE SERVERS OR
GRACENOTE CONTENT. GRACENOTE
COLLECTIVELY AND SEPARATELY RESERVE
THE RIGHT TO DELETE DATA AND/OR
CONTENT FROM THE COMPANIES'
RESPECTIVE SERVERS OR, IN THE CASE OF
GRACENOTE, CHANGE DATA CATEGORIES
FOR ANY CAUSE THAT GRACENOTE DEEMS
SUFFICIENT. NO WARRANTY IS MADE THAT
EITHER GRACENOTE CONTENT OR THE
GRACENOTE SOFTWARE OR GRACENOTE
SERVERS ARE ERROR-FREE OR THAT THE
FUNCTIONING OF THE GRACENOTE
SOFTWARE OR GRACENOTE SERVERS WILL
BE UNINTERRUPTED. GRACENOTE IS NOT
OBLIGATED TO PROVIDE YOU WITH ANY
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ENHANCED OR ADDITIONAL DATA TYPES
THAT GRACENOTE MAY CHOOSE TO
PROVIDE IN THE FUTURE AND IS FREE TO
DISCONTINUE ITS ONLINE SERVICES AT
ANY TIME. GRACENOTE DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. NEITHER
GRACENOTE WARRANTS THE RESULTS
THAT WILL BE OBTAINED BY YOUR USE OF
THE GRACENOTE SOFTWARE OR ANY
GRACENOTE SERVER. IN NO CASE WILL
GRACENOTE BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS OR
LOST REVENUES FOR ANY REASON
WHATSOEVER.
© Gracenote 2007.
Vehicle with SYNC only
FCC ID: KMHSG1P1
IC: 1422A-SG1P1
Vehicle with SYNC and MyFord Touch or
MyLincoln Touch
FCC ID: KMHSYNCG2
IC: 1422A-SYNCG2
This device complies with Part 15 of the FCC
Rules and with RSS-210 of Industry Canada.
Operation is subject to the following two
conditions: (1) This device may not cause
harmful interference, and (2) this device must
accept any interference received, including
interference that may cause undesired
operation.
WARNING
Changes or modifications not
expressively approved by the party
responsible for compliance could void
the user's authority to operate the
equipment. The term "IC" before the radio
certification number only signifies that
Industry Canada technical specifications
were met. The antenna used for this transmitter must
not be co-located or operating in conjunction
with any other antenna or transmitter.
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