2016 LINCOLN MKX service

Navigation Features: Any navigation
features included in the system are intended
to provide turn by turn instructions to get you
to a desired destination. Please make certain
all persons using this system carefully read
and follow instructions and safety information
fully.
Distraction Hazard: Any navigation features
may require manual (non-verbal) setup.
Attempting to perform such set-up or insert
data while driving can seriously distract your
attention and could cause an accident or
other serious consequences. Stop the
vehicle in a safe and legal manner before
attempting these operations.
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
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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.
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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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
9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
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
NAV2 (Shanghai) Co., Ltd (“NAV2”) and its
licensors (including their licensors and
suppliers) on the other hand.
© 20xx. All rights reserved.
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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
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
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accordance with these End-User Terms, and
each copy of Data delivered or otherwise
furnished shall be marked and embedded
as appropriate with the following “Notice of
Use,
” and shall be treated in accordance with
such Notice: NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End- User Terms under which this Data was provided.
© 1987 – 2014 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.
I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing Data
for the United States shall contain the
following notices: “HERE holds a non-exclusive license
from the United States Postal Service®
to publish and sell ZIP+4® information. ”
“©United States Postal Service® 20XX.
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. ” B. Canada Data. The following provisions
apply to the Data for Canada, which may
include or reflect data from third party
licensors (“Third Party Data
”), including
Her Majesty the Queen in Right of Canada
(“Her Majesty”), Canada Post Corporation
(“ Canada Post”) and the Department of
Natural Resources of Canada (“NRCan ”):
1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions: a. Disclaimer: The Third Party Data is
licensed on an “as is ” basis. The
licensors of such data, including Her
Majesty, Canada Post and NRCan,
make no guarantees, representations
or warranties respecting such data,
either express or implied, arising by
law or otherwise, including but not
limited to, effectiveness, complete-
ness, accuracy or fitness for a partic-
ular purpose.
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“INSTITUTO GEOGRAFICO
MILITAR DEL ECUADOR
AUTORIZACION N° IGM-2011-
01- PCO-01 DEL 25 DE ENERO
DE 2011”
Ecuador
“source: © IGN 2009 - BD
TOPO ®”
“Fuente: INEGI (Instituto
Nacional de Estadística y
Geografía)”
Guade-
loupe,
French
Guiana
and
Marti-
nique
Mexico
IV. Middle East Territory A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy: Notice
Country
“© Royal Jordanian Geographic
Centre”. The foregoing notice
requirement for Jordan Data is
a material term of the Agree-
ment. If Client or any of its
permitted sublicensees (if any)
fail to meet such requirement,
HERE shall have the right to
terminate Client’ s license with
respect to the Jordan Data.
Jordan
B. Jordan Data. Client and its permitted
sublicensees (if any) are restricted from
licensing and/or otherwise distributing
HERE’
s database for the country of Jordan
(“ Jordan Data ”) for use in Enterprise
Applications to (i) non-Jordanian entities
for use of the Jordan Data solely in Jordan
or (ii) Jordan-based customers. In addition,
Client, its permitted sublicensees (if any)
and End-Users are restricted from using
the Jordan Data in Enterprise Applications
if such party is (i) a non-Jordanian entity
using the Jordan Data solely in Jordan or
(ii) a Jordan-based customer. For purposes
of the foregoing, “Enterprise Applications ”shall mean Geomarketing applications,
GIS applications, mobile business asset
management applications, call center
applications, telematics applications,
public organization Internet applications
or for providing geocoding services.
V. Europe Territory A. Use of Certain Traffic Codes in Europe 1. General Restrictions Applicable to
Traffic Codes. Client acknowledges and
agrees that in certain countries of the
Europe Territory, Client will need to
obtain rights directly from third party
RDS-TMC code providers to receive and
use the Traffic Codes in the Data and to
deliver to End-Users Transactions in any
way derived from or based on such
Traffic Codes. For such countries, HERE
shall deliver the Data incorporating
Traffic Codes to Client only after
receiving certification from Client of its
having obtained such rights.
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Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing RDS-
TMC Traffic Codes for Australia shall
contain the following notice: “Product
incorporates traffic location codes which
is © 20XX Telstra Corporation Limited and
its licensors. ”
VII. China Territory
Personal Use Only
You agree to use this Data together with
[insert name of Client Application] for the
solely personal, non-commercial 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 may copy this Data only as
necessary for your personal use to (i) view
it, and (ii) save it, provided that you do not remove any copyright notices that appear
and do not modify the Data in any way. 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.
Restrictions
Except where you have been specifically
licensed to do so by NAV2 , and without
limiting the preceding paragraph, 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 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. You agree to cease using this Data if
you fail to comply with these terms and
conditions.
Limited Warranty
NAV2 warrants that (a) the Data will perform
substantially in accordance with the
accompanying written materials for a period
of ninety (90) days from the date of receipt,
and (b) any support services provided by
NAV2 shall be substantially as described in
applicable written materials provided to you
by NAV2, and NAV2’
s support engineers will
make commercially reasonable efforts to
solve any problem issues.
rigCustomer Remedies
NAV2 and its suppliers ’ entire liability and
your exclusive remedy shall be, at NAV2’ s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’ s Limited
Warranty and that are returned to NAV2 with
a copy of your receipt. This Limited Warranty
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is void if failure of the Data has resulted from
accident, abuse, or misapplication. Any
replacement Data will be warranted for the
remainder of the original warranty period or
thirty (30) days, whichever is longer. Neither
these remedies nor any product support
services offered by NAV2 are available
without proof of purchase from an authorized
international source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SET
FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 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
INFROMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED
ON A WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDERNO CIRCUMSTANCES SHALL NAV2’
s OR
ITS SUPPLIERS’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Export Control
You agree not to export to anywhere any
part of the Data provided to you or any direct
product thereof except in compliance with,
and with all licenses and approvals required
under, applicable export laws, rules and
regulations.
IP Protection
The Data are owned by NAV2 or its suppliers
and are protected by applicable copyright
and other intellectual property law and
treaties. The Data are provided solely on the
basis of a license to use, not sale.
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