2016 LINCOLN MKZ Owners Manual

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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b. Limitation on Liability: The Third
Party Data licensors, including Her
Majesty, Canada Post and NRCan,
shall not be liable: (i) 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 such Data; or (ii) in any
way for loss of revenues or contracts,
or any other consequential loss of any
kind resulting from any defect in the
Data.
2. Copyright Notice: In connection with
each copy of all or any portion of the
Data for the Territory of Canada, Client
shall affix in a conspicuous manner the
following copyright notice on at least
one of: (i) the label for the storage media
of the copy; (ii) the packaging for the
copy; or (iii) other materials packaged
with the copy, such as user manuals or
end user license agreements: “This data
includes information taken with permis- sion from Canadian authorities, including
© Her Majesty the Queen in Right of
Canada, © Queen's Printer for Ontario,
© Canada Post Corporation, GeoBase

®,
© The Department of Natural Resources
Canada. All rights reserved.”
3. End-User Terms: Except as otherwise
agreed by the parties, in connection with
the provision of any portion of the Data
for the Territory of Canada to End-Users
as may be authorized under the Agree-
ment, Client shall provide such End-
Users, in a reasonably conspicuous
manner, with terms (set forth with other
end user terms required to be provided under the Agreement, or as otherwise
may be provided, by Client) which shall
include the following provisions on
behalf of the Third Party Data licensors,
including Her Majesty, Canada Post and
NRCan:
The Data may include or reflect data
of licensors, including Her Majesty the
Queen in the Right of Canada (“Her
Majesty”), Canada Post Corporation
(“Canada Post”) and the Department
of Natural Resources Canada
(“NRCan”). Such data is licensed on
an “as is” basis. The licensors,
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, effective-
ness, completeness, accuracy or
fitness for a particular purpose. The
licensors, including Her Majesty,
Canada Post and NRCan, shall not be
liable in respect of any claim, demand
or action, irrespective of the nature of
the cause of the claim, demand or
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Appendices

action alleging any loss, injury or
damages, direct or indirect, which may
result from the use or possession of
the data or the Data. The licensors,
including Her Majesty, Canada Post
and NRCan, shall not be liable in any
way for loss of revenues or contracts,
or any other consequential loss of any
kind resulting from any defect in the
data or the Data.
End User shall indemnify and save
harmless the licensors, including Her
Majesty, Canada Post and NRCan, and
their officers, employees and agents
from and against any claim, demand
or action, irrespective of the nature ofthe cause of the claim, demand or
action, alleging loss, costs, expenses,
damages or injuries (including injuries
resulting in death) arising out of the
use or possession of the data or the
Data.
4. Additional Provisions: The terms
contained in this Section are in addition
to all of the rights and obligations of the
parties under the Agreement. To the
extent that any of the provisions of this
Section are inconsistent with, or conflict
with, any other provisions of the Agree-
ment, the provisions of this Section shall
prevail. II. Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional de
Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/or
packaging containing Data for Mexico
shall contain the following notice: “Fuente:
INEGI (Instituto Nacional de Estadística y
Geografía)”
III. Latin America 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
Territory
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Appendices

“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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Appendices

2. Display of Third Party Rights Legends
for Belgium. Client shall, for each Trans-
action that uses Traffic Codes for
Belgium, provide the following notice to
the End-User: “Traffic Codes for Belgium
are provided by the Ministerie van de
Vlaamse Gemeenschap and the
Ministèrie de l’Equipement et des
Transports.”
B. Paper Maps. With respect to any license
granted to Client relating to making,
selling or distributing paper maps (i.e., a
map fixed on a paper or paper-like
medium): (a) such license with respect to
Data for the Territory of Great Britain is
conditioned on Client’s entering into and
complying with a separate written agree-
ment with the Ordnance Survey (“OS”) to
create and sell paper maps, Client’s
paying to the OS any and all applicable
paper map royalties, and Client’s
complying with the OS copyright notice
requirements; (b) such license for selling
or otherwise distributing for charge with
respect to Data for the Territory of Czech
Republic is conditioned on Client’s
obtaining prior written consent from Kartografie a.s.; (c) such license for selling
or distributing with respect to Data for the
Territory of Switzerland is conditioned on
Client’s obtaining a permit from
Bundesamt für Landestopografie of
Switzerland; (d) Client is restricted from
using Data for the Territory of France to
create paper maps with a scale between
1:5,000 and 1:250,000; and (e) Client is
restricted from using any Data to create,
sell or distribute paper maps that are the
same or substantially similar, in terms of
data content and specific use of color,
symbols and scale, to paper maps
published by the European national
mapping agencies, including without
limitation, Landervermessungämter of
Germany, Topografische Dienst of the
Netherlands, Nationaal Geografisch
Instituut of Belgium, Bundesamt für
Landestopografie of Switzerland,
Bundesamt für Eich-und Vermessung-
swesen of Austria, and the National Land
Survey of Sweden.
C. OS Enforcement. Without limiting
Section IV(B) above, with respect to Data
for the Territory of Great Britain, Client
acknowledges and agrees that the
Ordnance Survey (“OS”) may bring a direct
action against Client to enforce compli-
ance with the OS copyright notice (see
Section IV(D) below) and paper map
requirements (see Section IV(B) above)
contained in this Agreement.
D. 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(ies)
“© Bundesamt für Eich- und
Vermessungswesen”
Austria
“© EuroGeographics”
Croatia
Cyprus,
Estonia,
Latvia,
Lithuania,
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Appendices

Moldova,
Poland,
Slovenia
and/or
Ukraine“source: © IGN 2009 – BD
TOPO ®”
France
“Die Grundlagendaten wurden
mit Genehmigung der
zuständigen Behörden
entnommen”
Germany
“Contains Ordnance Survey
data © Crown copyright and
database right 2010 Contains
Royal Mail data © Royal Mail
copyright and database right
2010”
Great
Britain
“Copyright Geomatics Ltd.”
Greece
“Copyright © 2003; Top-Map
Ltd.”
Hungary “La Banca Dati Italiana è stata
prodotta usando quale riferi-
mento anche cartografia
numerica ed al tratto prodotta
e fornita dalla Regione
Toscana.”
Italy
“Copyright © 2000; Norwegian
Mapping Authority”
Norway
“Source: IgeoE – Portugal”
Portugal
“Información geográfica
propiedad del CNIG”
Spain
“Based upon electronic data ©
National Land Survey
Sweden.”
Sweden
“Topografische Grundlage: ©
Bundesamt für Landestopo-
graphie.
Switzer-
land
E. Respective Country Distribution. Client
acknowledges that HERE has not received
approvals to distribute map data for the
following countries in such respective
countries: Albania, Belarus, Kyrgyzstan,
Moldova and Uzbekistan. HERE may
update such list from time to time. The license rights granted to Client under this
TL with respect to the Data for such
countries are contingent upon Client’s
compliance with all applicable laws and
regulations, including, without limitation,
any required licenses or approvals to
distribute the Application incorporating
such Data in such respective countries.
VI. Australia 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: Copyright. Based on data provided
under license from PSMA Australia
Limited (www.psma.com.au).
523
Appendices

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
524
Appendices

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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