2016 LINCOLN MKS ESP

•
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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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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with any positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation cellular
phones, palmtop and handheld computers,
pagers, and personal digital assistants or
PDAs.
Warning. The Data may contain inaccurate
or incomplete information due to the passage
of time, changing circumstances, 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. Telenav 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. Disclaimer of Warranty: TELENAV 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: TELENAV 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 THE INFORMATION; 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 INFORMATION, ANY DEFECT IN THE
INFORMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED
ON A WARRANTY, EVEN IF TELENAV OR ITSLICENSORS 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 shall not 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 Telenav (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.
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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/ORCONTENT 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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FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
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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D
Data Recording.......................................................9
Event Data Recording................................................. 9
Service Data Recording............................................. 9
Daytime Running Lamps..................................73
Direction Indicators
............................................76
Lane Change................................................................ 76
Drive Control
.......................................................190
LINCOLN DRIVE CONTROL................................. 190
Driver Alert
............................................................174
Using Driver Alert...................................................... 174
Driver and Passenger Airbags........................38 Children and Airbags................................................ 39
Proper Driver and Front Passenger Seating Adjustment............................................................. 38
Driving Aids
..........................................................174
Driving Hints.......................................................208
Driving Through Water...................................208
DRL See: Daytime Running Lamps............................... 73
E
Economical Driving
.........................................208
Emission Control System................................137 On-Board Diagnostics (OBD-II)......................... 138
Readiness for Inspection and Maintenance (I/M) Testing......................................................... 138
End User License Agreement......................352 VEHICLE SOFTWARE END USER LICENSE
AGREEMENT (EULA) ...................................... 352Engine Block Heater.........................................130
Using the Engine Block Heater............................. 131
Engine Coolant Check
.....................................247
Adding Engine Coolant.......................................... 247
Checking the Engine Coolant............................. 247
Recycled Engine Coolant..................................... 248
Severe Climates...................................................... 248
What You Should Know About Fail-Safe Cooling................................................................... 248
Engine Immobilizer See: Passive Anti-Theft System.......................... 63
Engine Oil Check...............................................245 Adding Engine Oil.................................................... 245
Engine Oil Dipstick...........................................245
Engine Specifications - 3.5L Ecoboost™......................................................296
Drivebelt Routing.................................................... 296
Engine Specifications - 3.7L..........................297 Drivebelt Routing..................................................... 297
Environment..........................................................14
Essential Towing Checks..............................204 Before Towing a Trailer......................................... 205
Hitches........................................................................\
204
Launching or Retrieving a Boat or Personal Watercraft (PWC)............................................. 205
Safety Chains........................................................... 204
Trailer Brakes............................................................ 204
Trailer Lamps........................................................... 204
When Towing a Trailer.......................................... 205
Event Data Recording See: Data Recording................................................... 9
Export Unique Options......................................13 Extended Service Plan (ESP).......................319
EXTENDED SERVICE PLANS (CANADA
ONLY)..................................................................... 320
EXTENDED SERVICE PLANS (U.S. Only)........................................................................\
319
Exterior Mirrors.....................................................79 Auto-Dimming Feature........................................... 80
Blind Spot Monitor..................................................... 81
Fold-Away Exterior Mirrors..................................... 79
Heated Exterior Mirrors........................................... 80
Integrated Blind Spot Mirrors............................... 80
Memory Mirrors.......................................................... 80
Power Exterior Mirrors.............................................. 79
F
Fastening the Seatbelts...................................29 Safety Belt Extension Assembly........................... 31
Safety Belt Locking Modes.................................... 30
Using Safety Belts During Pregnancy................29
Floor Mats
...........................................................209
Fog Lamps - Front See: Front Fog Lamps.............................................. 75
Foot Pedals See: Adjusting the Pedals...................................... 68
Front Fog Lamps
.................................................75
Front Parking Aid................................................157
Front Passenger Sensing System.................39
Fuel and Refueling............................................132
Fuel Consumption............................................136 Calculating Fuel Economy................................... 136
Filling the Tank.......................................................... 136
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