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•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.
• 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”).
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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.
•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.
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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.
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,
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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.
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.
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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 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.
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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 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, 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.
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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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.
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,
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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 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
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