2016 LINCOLN MKS Owners Manual

•
You agree to each of the following:(a)
Any use of the SOFTWARE while driving
an automobile or other vehicle in violation
of applicable law or otherwise driving in
an unsafe manner presents a significant
risk of distracted driving and should not
be attempted under any
circumstances;(b) Use of the SOFTWARE
at excessive volume poses a significant
risk of hearing damage and should not be
attempted under any circumstances;(c)
The SOFTWARE may not be compatible
with new or different versions of an
operating system, third party software,
or third party services, and the
SOFTWARE may potentially cause a
critical failure of an operating system,
third party software, or third party
service.(d) Any third party service
accessed by or third party software used
with the SOFTWARE (i) may charge an
additional fee for access, (ii) may not
work correctly, on an uninterrupted basis,
or error free, (iii) may change streaming
formats or discontinue operation, (iv)
may contain adult, profane or offensive
content; and (v) may contain inaccurate,
false or misleading traffic, weather,
financial or safety information or other
content; and (e) Use of the SOFTWARE
may cause you to incur additional charges from your wireless service provider (WSP)
and any data or minute calculators that
may be included in the software program
are for reference only, are not warranted
in any way and should not be relied upon
in anyway.
• When using the SOFTWARE, you agree
to be responsible for and assume the
entire risk to the items set forth in Section
(a) – (e) above.
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE DEVICES AND
SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE,
COMPATIBILITY, ACCURACY AND EFFORT
IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE
SOFTWARE AND ANY THIRD PARTY
SOFTWARE OR THIRD-PARTY SERVICES
ARE PROVIDED "AS IS" AND “AS
AVAILABLE” , WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND
FORD MOTOR COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE
SOFTWARE, THIRD PARTY SOFTWARE, AND
THIRD-PARTY SERVICES, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR AN ARTICULAR
PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS. FORD MOTOR
COMPANY DOES NOT WARRANT (a)
AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE, THIRD
PARTY SOFTWARE, OR THIRD-PARTY
SERVICES, (b) THAT THE SOFTWARE,
THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES WILL MEET YOUR
REQUIREMENTS, (c) THAT THE OPERATION
OF THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE,
(d) OR THAT DEFECTS IN THE SOFTWARE,
THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES WILL BE
CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY FORD
MOTOR COMPANY OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE SOFTWARE,
THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE
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DISCLAIMER OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE
DISCLAIMER MAY NOT FULLY APPLY TO
YOU. THE SOLE WARRANTY PROVIDED BY
FORD MOTOR COMPANY SHALL BE FOUND
IN THE WARRANTY INFORMATION
INCLUDING WITH YOUR OWNER GUIDE. TO
THE EXTENT THAT THERE IS ANY CONFLICT
BETWEEN THE TERMS OF THIS SECTION
AND THE WARRANTY BOOKLET, THE
WARRANTY BOOKLET SHALL CONTROL.
Applicable Law, Venue, Jurisdiction
•
The laws of the State of Michigan govern
this EULA and Your use of the
SOFTWARE. Your use of the SOFTWARE
may also be subject to other local, state,
national, or international laws. Any
litigation arising out of or related to this
EULA shall be brought and maintained
exclusively in a court of the State of
Michigan located in Wayne County or in
the United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.
Binding Arbitration and Class Action
Waiver
(a) Application. This Section applies to any
dispute EXCEPT IT DOES NOT INCLUDE A
DISPUTE RELATING TO COPYRIGHT
INFRINGEMENT, OR TO THE ENFORCEMENT
OR VALIDITY OF YOUR, FORD MOTOR
COMPANY, OR ANY OF FORD MOTOR
COMPANY’ S LICENSORS ’ INTELLECTUAL
PROPERTY RIGHTS. Dispute means any
dispute, action, or other controversy between
You and FORD MOTOR COMPANY, other
than the exceptions listed above, concerning
the SOFTWARE (including its price) or this
EULA, whether in contract, warranty, tort,
statute, regulation, ordinance, or any other
legal or equitable basis.
(b) Notice of Dispute. In the event of a
Dispute, You or FORD MOTOR COMPANY
must give the other a “Notice of Dispute”,
which is a written statement of the name,
address, and contact information of the party
giving it, the facts giving rise to the dispute,
and the relief requested. You and FORD MOTOR COMPANY will attempt to resolve
any dispute through informal negotiation
within 60 days from the date the Notice of
Dispute is sent. After 60 days, You or FORD
MOTOR COMPANY may commence
arbitration.
(c) Small claims court. You may also
litigate any dispute in small claims court in
your county of residence or FORD MOTOR
COMPANY’ S principal place of business, if
the dispute meets all requirements to be
heard in the small claims court. You may
litigate in small claims court whether or not
You negotiated informally first.
(d) Binding arbitration.
If You and FORD
MOTOR COMPANY, do not resolve any
dispute by informal negotiation or in small
claims court, any other effort to resolve the
dispute will be conducted exclusively by
binding arbitration. You are giving up the right
to litigate (or participate in as a party or class
member) all disputes in court before a judge
or jury. Instead, all disputes will be resolved
before a neutral arbitrator, whose decision
will be final except for a limited right of
appeal under the Federal Arbitration Act. Any
court with jurisdiction over the parties may
enforce the arbitrator ’s award.
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(e) Class action waiver. Any proceedings
to resolve or litigate any dispute in any forum
will be conducted solely on an individual
basis. Neither you nor FORD MOTOR
COMPANY, will seek to have any dispute
heard as a class action, as a private attorney
general action, or in any other proceeding in
which any party acts or proposes to act in a
representative capacity. No arbitration or
proceeding will be combined with another
without the prior written consent of all parties
to all affected arbitrations or proceedings.
(f) Arbitration procedure. Any arbitration
will be conducted by the American Arbitration
Association (the “AAA ”), under its
Commercial Arbitration Rules. If You are an
individual and use the SOFTWARE for
personal or vehicle use, or if the value of the
dispute is $75,000 or less whether or not You
are an individual or how You use the
SOFTWARE, the AAA Supplementary
Procedures for Consumer-Related Disputes
will also apply. To commence arbitration,
submit a Commercial Arbitration Rules
Demand for Arbitration form to the AAA. You
may request a telephonic or in-person
hearing by following the AAA rules. In a
dispute involving $10,000 or less, any hearing
will be telephonic unless the arbitrator finds
good cause to hold an in-person hearing
instead. For more information, see adr.org or call 1-800-778-7879. You agree to
commence arbitration only in your county of
residence or FORD MOTOR COMPANY’
S
principal place of business. The arbitrator
may award the same damages to You
individually as a court could. The arbitrator
may award declaratory or injunctive relief
only to You individually, and only to the
extent required to satisfy Your individual
claim. Arbitration fees and incentives.
• i. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will promptly
reimburse your filing fees and pay the
AAA ’s and arbitrator ’s fees and expenses.
If you reject FORD MOTOR COMPANY’ S
last written settlement offer made before
the arbitrator was appointed (“ last
written offer ”), your dispute goes all the
way to an arbitrator ’s decision (called an
“ award ”), and the arbitrator awards you
more than the last written offer, FORD
MOTOR COMPANY will give you three
incentives: (1) pay the greater of the
award or $1,000; (2) pay twice your
reasonable attorney ’s fees, if any; and (3) reimburse any expenses (including expert
witness fees and costs) that your
attorney reasonably accrues for
investigating, preparing, and pursuing
your claim in arbitration. The arbitrator
will determine the amounts.
• ii. Disputes involving more than $75,000.
The AAA rules will govern payment of
filing fees and the AAA ’s and arbitrator ’s
fees and expenses.
• iii. Disputes involving any amount. In any
arbitration you commence, FORD MOTOR
COMPANY will seek its AAA or arbitrator ’s
fees and expenses, or Your filing fees it
reimbursed, only if the arbitrator finds the
arbitration frivolous or brought for an
improper purpose. In any arbitration
FORD MOTOR COMPANY commences,
it will pay all filing, AAA, and arbitrator ’s
fees and expenses. It will not seek its
attorney ’s fees or expenses from you in
any arbitration. Fees and expenses are
not counted in determining how much a
dispute involves.
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(h) Claims or disputes must be filed
within one year.
To the extent permitted
by law, any claim or dispute under this EULA
to which this Section applies must be filed
within one year in small claims court (Section
c) or in arbitration (Section d). The one-year
period begins when the claim or dispute first
could be filed. If such a claim or dispute is not
filed within one year, it is permanently barred.
(i) Severability. If the class action waiver
(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those parts
will be severed and proceed in a court of law,
with the remaining parts proceeding in
arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be severed
with the remainder of Section e remaining in
full force and effect.
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. TeleNav may revise this
Agreement and the privacy policy at any time,
with or 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.
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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
• (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
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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 (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 law
provisions. To the extent judicial action
is necessary in connection with the
binding arbitration, both TeleNav and you
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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.
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.
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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:: 9.1 End User Terms Required by HERE
North America, LLC
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
Telenav (“Telenav ”) and its licensors
(including their licensors and suppliers) on
the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada.
HERE holds a non-exclusive license from the
United States Postal Service® to publish and
sell ZIP+4® information.
©United States Postal Service® 2014. Prices
are not established, controlled or approved
by the United States Postal Service®. The
following trademarks and registrations are
owned by the USPS: United States Postal
Service, USPS, and ZIP+4 The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.
Terms and Conditions
Permitted Use. You agree to use this Data
together with the Telenav Software solely
for the internal business and personal
purposes for which you were licensed, and
not for service bureau, time-sharing or other
similar purposes. Accordingly, but subject to
the restrictions set forth in the following
paragraphs, you agree not to otherwise
reproduce, copy, modify, decompile,
disassemble, create any derivative works of,
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.
Restrictions.
Except where you have been
specifically licensed to do so by Telenav, and
without limiting the preceding paragraph, you
may not use this Data (a) 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
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