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Page 408 of 439

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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Website
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 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.
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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.
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.
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