2017 FORD C MAX ENERGI ESP

II. Mexico. The following provision appliesto the Data for Mexico, which includescertain data from the Instituto Nacionalde Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/orpackaging containing Data for Mexicoshall contain the following notice:“Fuente: INEGI (Instituto Nacional deEstadística y Geografía)”
III. Latin America Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeTerritory
“INSTITUTO GEOGRAFICOMILITAR DEL ECUADORAUTORIZACION N° IGM-2011-01- PCO-01 DEL 25 DEENERO DE 2011”
Ecuador
“source: © IGN 2009 - BDTOPO ®”
“Fuente: INEGI (InstitutoNacional de Estadística yGeografía)”
Guade-loupe,FrenchGuianaandMarti-niqueMexico
IV. Middle East Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeCountry
“© Royal JordanianGeographic Centre”. Theforegoing notice requirementfor Jordan Data is a materialterm of the Agreement. IfClient or any of its permitted
Jordan
sublicensees (if any) fail tomeet such requirement, HEREshall have the right toterminate Client’s licensewith respect to the JordanData.
B. Jordan Data. Client and its permittedsublicensees (if any) are restricted fromlicensing and/or otherwise distributingHERE’s database for the country ofJordan (“Jordan Data”) for use in Enter-prise Applications to (i) non-Jordanianentities for use of the Jordan Data solelyin Jordan or (ii) Jordan-based customers.In addition, Client, its permitted subli-censees (if any) and End-Users arerestricted from using the Jordan Data inEnterprise Applications if such party is(i) a non-Jordanian entity using theJordan Data solely in Jordan or (ii) aJordan-based customer. For purposesof the foregoing,“Enterprise Applica-tions” shall mean Geomarketing applic-ations, GIS applications, mobile businessasset management applications, callcenter applications, telematics applica-tions, public organization Internetapplications or for providing geocodingservices.
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V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable toTraffic Codes. Client acknowledgesand agrees that in certain countries ofthe Europe Territory, Client will needto obtain rights directly from thirdparty RDS-TMC code providers toreceive and use the Traffic Codes inthe Data and to deliver to End-UsersTransactions in any way derived fromor based on such Traffic Codes. Forsuch countries, HERE shall deliver theData incorporating Traffic Codes toClient only after receiving certificationfrom Client of its having obtained suchrights.
2. Display of Third Party RightsLegends for Belgium. Client shall, foreach Transaction that uses TrafficCodes for Belgium, provide thefollowing notice to the End-User:“Traffic Codes for Belgium areprovided by the Ministerie van deVlaamse Gemeenschap and theMinistèrie de l’Equipement et desTransports.”
B. Paper Maps. With respect to anylicense granted to Client relating tomaking, selling or distributing papermaps (i.e., a map fixed on a paper orpaper-like medium): (a) such licensewith respect to Data for the Territory ofGreat Britain is conditioned on Client’sentering into and complying with aseparate written agreement with theOrdnance Survey (“OS”) to create andsell paper maps, Client’s paying to theOS any and all applicable paper maproyalties, and Client’s complying withthe OS copyright notice requirements;(b) such license for selling or otherwisedistributing for charge with respect toData for the Territory of Czech Republic
is conditioned on Client’s obtaining priorwritten consent from Kartografie a.s.;(c) such license for selling or distributingwith respect to Data for the Territory ofSwitzerland is conditioned on Client’sobtaining a permit from Bundesamt fürLandestopografie of Switzerland; (d)Client is restricted from using Data forthe Territory of France to create papermaps with a scale between 1:5,000 and1:250,000; and (e) Client is restrictedfrom using any Data to create, sell ordistribute paper maps that are the sameor substantially similar, in terms of datacontent and specific use of color,symbols and scale, to paper mapspublished by the European nationalmapping agencies, including withoutlimitation, Landervermessungämter ofGermany, Topografische Dienst of theNetherlands, Nationaal GeografischInstituut of Belgium, Bundesamt fürLandestopografie of Switzerland,Bundesamt für Eich-und Vermessung-swesen of Austria, and the NationalLand Survey of Sweden.
C. OS Enforcement. Without limitingSection IV(B) above, with respect toData for the Territory of Great Britain,Client acknowledges and agrees thatthe Ordnance Survey (“OS”) may bringa direct action against Client to enforcecompliance with the OS copyright notice(see Section IV(D) below) and papermap requirements (see Section IV(B)above) contained in this Agreement.
D. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeCountry(ies)
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“© Bundesamt für Eich-und Vermessungswesen”Austria
“© EuroGeographics”
CroatiaCyprus,Estonia,Latvia,Lithuania,Moldova,Poland,Sloveniaand/orUkraine
“source: © IGN 2009 – BDTOPO ®”France
“Die Grundlagendatenwurden mit Genehmigungder zuständigen Behördenentnommen”
Germany
“Contains OrdnanceSurvey data © Crowncopyright and databaseright 2010 Contains RoyalMail data © Royal Mailcopyright and databaseright 2010”
Great Britain
“Copyright GeomaticsLtd.”Greece
“Copyright © 2003; Top-Map Ltd.”Hungary
“La Banca Dati Italiana èstata prodotta usandoquale riferimento anchecartografia numerica edal tratto prodotta e fornitadalla Regione Toscana.”
Italy
“Copyright © 2000;Norwegian MappingAuthority”
Norway
“Source: IgeoE – Portugal”Portugal
“Información geográficapropiedad del CNIG”Spain
“Based upon electronicdata © National LandSurvey Sweden.”
Sweden
“TopografischeGrundlage: © Bundesamtfür Landestopographie.
Switzerland
E. Respective Country Distribution. Clientacknowledges that HERE has notreceived approvals to distribute mapdata for the following countries in suchrespective countries: Albania, Belarus,Kyrgyzstan, Moldova and Uzbekistan.HERE may update such list from time totime. The license rights granted to Clientunder this TL with respect to the Datafor such countries are contingent uponClient’s compliance with all applicablelaws and regulations, including, withoutlimitation, any required licenses orapprovals to distribute the Applicationincorporating such Data in suchrespective countries.
VI. Australia Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
Copyright. Based on data providedunder license from PSMA AustraliaLimited (www.psma.com.au).
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Product incorporates data which is ©20XX Telstra Corporation Limited, GMHolden Limited, Intelematics AustraliaPty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. Inaddition to the foregoing, the End-UserTerms for any Application containingRDS-TMC Traffic Codes for Australiashall contain the following notice:“Product incorporates traffic locationcodes which is © 20XX Telstra Corpora-tion Limited and its licensors.”
VII. China Territory
Personal Use Only
You agree to use this Data together with[insert name of Client Application] for thesolely personal, non-commercial purposesfor which you were licensed, and not forservice bureau, time-sharing or othersimilar purposes. Accordingly, but subjectto the restrictions set forth in the followingparagraphs, you may copy this Data onlyas necessary for your personal use to (i)view it, and (ii) save it, provided that youdo not remove any copyright notices thatappear and do not modify the Data in anyway. You agree not to otherwise reproduce,copy, modify, decompile, disassemble orreverse engineer any portion of this Data,and may not transfer or distribute it in anyform, for any purpose, except to the extentpermitted by mandatory laws.
Restrictions
Except where you have been specificallylicensed to do so by NAV2 , and withoutlimiting the preceding paragraph, you maynot (a) use this Data with any products,systems, or applications installed orotherwise connected to or incommunication with vehicles, capable ofvehicle navigation, positioning, dispatch,real time route guidance, fleetmanagement or similar applications; or (b)
with or in communication with anypositioning devices or any mobile orwireless-connected electronic or computerdevices, including without limitationcellular phones, palmtop and handheldcomputers, pagers, and personal digitalassistants or PDAs. You agree to ceaseusing this Data if you fail to comply withthese terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data willperform substantially in accordance withthe accompanying written materials for aperiod of ninety (90) days from the dateof receipt, and (b) any support servicesprovided by NAV2 shall be substantially asdescribed in applicable written materialsprovided to you by NAV2, and NAV2’ssupport engineers will make commerciallyreasonable efforts to solve any problemissues.
rigCustomer Remedies
NAV2 and its suppliers’ entire liability andyour exclusive remedy shall be, at NAV2’ssole discretion, either (a) return of the pricepaid, if any, or (b) repair or replacement ofthe Data that do not meet NAV2’s LimitedWarranty and that are returned to NAV2with a copy of your receipt. This LimitedWarranty is void if failure of the Data hasresulted from accident, abuse, ormisapplication. Any replacement Data willbe warranted for the remainder of theoriginal warranty period or thirty (30) days,whichever is longer. Neither these remediesnor any product support services offeredby NAV2 are available without proof ofpurchase from an authorized internationalsource.
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No Other Warranty:
EXCEPT FOR THE LMITED WARRANTYSET FORTH ABOVE AND TO THE EXTENTPERMITTED BY APPLICABLE LAW, NAV2AND ITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OWNERSHIP ORNON-INFRINGEMENT. Certain warrantyexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BYAPPLICABLE LAW, NAV2 AND ITSLICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) SHALL NOTBE LIABLE TO YOU: IN RESPECT OF ANYCLAIM, DEMAND OR ACTION,IRRESPECTIVE OF THE NATURE OF THECAUSE OF THE CLAIM, DEMAND ORACTION ALLEGING ANY LOSS, INJURY ORDAMAGES, DIRECT OR INDIRECT, WHICHMAY RESULT FROM THE USE ORPOSSESSION OF THE INFORMATION; ORFOR ANY LOSS OF PROFIT, REVENUE,CONTRACTS OR SAVINGS, OR ANYOTHER DIRECT, INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGESARISING OUT OF YOUR USE OF ORINABILITY TO USE THIS INFORMATION,ANY DEFECT IN THE INFROMATION, ORTHE BREACH OF THESE TERMS ORCONDITIONS, WHETHER IN AN ACTIONIN CONTRACT OR TORT OR BASED ON AWARRANTY, EVEN IF NAV2 OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. UNDERNO CIRCUMSTANCES SHALL NAV2’s ORITS SUPPLIERS’ LIABILITY HEREUNDEREXCEED THE PRICE PAID. Certain liabilityexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
Export Control
You agree not to export to anywhere anypart of the Data provided to you or anydirect product thereof except incompliance with, and with all licenses andapprovals required under, applicableexport laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or itssuppliers and are protected by applicablecopyright and other intellectual propertylaw and treaties. The Data are providedsolely on the basis of a license to use, notsale.
Entire Agreement
These terms and conditions constitute theentire agreement between NAV2(and itslicensors, including their licensors andsuppliers) and you pertaining to the subjectmatter hereof, and supersedes in theirentirety any and all written or oralagreements previously existing betweenus with respect to such subject matter.
Governing Law.
The above terms and conditions shall begoverned by the laws of the People’sRepublic of China, without giving effect to(i) its conflict of laws provisions, or (ii) theUnited Nations Convention for Contractsfor the International Sale of Goods, whichis explicitly excluded. Any dispute arisingfrom or in connection with the Dataprovided to you hereunder shall besubmitted to the Shanghai InternationalEconomic and Trade ArbitrationCommission for arbitration.
Gracenote® Copyright
CD and music-related data fromGracenote, Inc., copyright©
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2000-2007 Gracenote. GracenoteSoftware, copyright © 2000-2007Gracenote. This product and service maypractice one or more of the following U.S.Patents 5,987,525; 6,061,680; 6,154,773;6,161,132; 6,230,192; 6,230,207; 6.240,459;6,330,593 and other patents issued orpending. Some services supplied underlicense from Open Globe, Inc. for U.S.Patent 6,304,523.
Gracenote and CDDB are registeredtrademarks of Gracenote. The Gracenotelogo and logotype, and the "Powered byGracenote™" logo are trademarks ofGracenote.
Gracenote® End User License Agreement(EULA)
This device contains software fromGracenote, Inc. of 2000 Powell StreetEmeryville, California 94608("Gracenote").
The software from Gracenote (the"Gracenote Software") enables this deviceto do disc and music file identification andobtain music-related information, includingname, artist, track, and title information("Gracenote Data") from online servers("Gracenote Servers"), and to performother functions. You may use GracenoteData only by means of the intended EndUser functions of this device. This devicemay contain content belonging toGracenote's providers. If so, all of therestrictions set forth herein with respect toGracenote Data shall also apply to suchcontent and such content providers shallbe entitled to all of the benefits andprotections set forth herein that areavailable to Gracenote. You agree that youwill use the content from Gracenote("Gracenote Content") , Gracenote Data,the Gracenote Software, and GracenoteServers for your own personal,non-commercial use only. You agree notto assign, copy, transfer or transmit theGracenote Content, Gracenote Software
or any Gracenote Data (except in a Tagassociated with a music file) to any thirdparty. YOU AGREE NOT TO USE OREXPLOIT GRACENOTE CONTENT,GRACENOTE DATA, THE GRACENOTESOFTWARE, OR GRACENOTE SERVERS,EXCEPT AS EXPRESSLY PERMITTEDHEREIN.
You agree that your non-exclusive licensesto use the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers will terminate if youviolate these restrictions. If your licensesterminate, you agree to cease any and alluse of the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers.
Gracenote, respectively, reserve all rightsin Gracenote Data, the GracenoteSoftware, and the Gracenote Servers andGracenote Content, including all ownershiprights. Under no circumstances will eitherGracenote become liable for any paymentto you for any information that you provide,including any copyrighted material ormusic file information. You agree thatGracenote may enforce its respectiverights, collectively or separately, under thisagreement against you, directly in eachcompany's own name.
Gracenote uses a unique identifier to trackqueries for statistical purposes. Thepurpose of a randomly assigned numericidentifier is to allow Gracenote to countqueries without knowing anything aboutwho you are. For more information, see theweb page at www.gracenote.com for theGracenote Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEMOF GRACENOTE DATA AND THEGRACENOTE CONTENT ARE LICENSEDTO YOU "AS IS". NEITHER GRACENOTEMAKES ANY REPRESENTATIONS ORWARRANTIES, EXPRESS OR IMPLIED,REGARDING THE ACCURACY OF ANYGRACENOTE DATA FROM THE
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GRACENOTE SERVERS OR GRACENOTECONTENT. GRACENOTE COLLECTIVELYAND SEPARATELY RESERVE THE RIGHTTO DELETE DATA AND/OR CONTENTFROM THE COMPANIES' RESPECTIVESERVERS OR, IN THE CASE OFGRACENOTE, CHANGE DATACATEGORIES FOR ANY CAUSE THATGRACENOTE DEEMS SUFFICIENT. NOWARRANTY IS MADE THAT EITHERGRACENOTE CONTENT OR THEGRACENOTE SOFTWARE ORGRACENOTE SERVERS ARE ERROR-FREEOR THAT THE FUNCTIONING OF THEGRACENOTE SOFTWARE ORGRACENOTE SERVERS WILL BEUNINTERRUPTED. GRACENOTE IS NOTOBLIGATED TO PROVIDE YOU WITH ANYENHANCED OR ADDITIONAL DATA TYPESTHAT GRACENOTE MAY CHOOSE TOPROVIDE IN THE FUTURE AND IS FREETO DISCONTINUE ITS ONLINE SERVICESAT ANY TIME. GRACENOTE DISCLAIM ALLWARRANTIES EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, ANDNON-INFRINGEMENT. NEITHERGRACENOTE WARRANTS THE RESULTSTHAT WILL BE OBTAINED BY YOUR USEOF THE GRACENOTE SOFTWARE OR ANYGRACENOTE SERVER. IN NO CASE WILLGRACENOTE BE LIABLE FOR ANYCONSEQUENTIAL OR INCIDENTALDAMAGES OR FOR ANY LOST PROFITSOR LOST REVENUES FOR ANY REASONWHATSOEVER. © Gracenote 2007.
Radio Frequency Statement
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of theFCC Rules and with RSS-210 of IndustryCanada. Operation is subject to thefollowing two conditions:
(1) This device may not cause harmfulinterference, and
(2) this device must accept anyinterference received, includinginterference that may cause undesiredoperation.
Note:Changes or modifications notexpressively approved by the partyresponsible for compliance could void theuser's authority to operate the equipment.
The antenna used for this transmitter mustnot be co-located or operating inconjunction with any other antenna ortransmitter.
SUNA TRAFFIC CHANNEL – TERMSAND CONDITIONS
By activating, using and/or accessing theSUNA Traffic Channel, SUNA Predictive orother content or material provided byIntelematics (together,SUNA Productsand/or Services), you must acceptcertain terms and conditions. The followingis a brief summary of the terms andconditions that apply to you. To view thefull terms and conditions relevant to youruse of the SUNA Products and/or Services,please consult:
Website
www.sunatraffic.com.au/termsandcon-ditions/
1. Acceptance
By using SUNA Products and/or Services,you will be deemed to have accepted andagreed to be bound by the terms andconditions fully detailed at:
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Website
www.sunatraffic.com.au/termsandcon-ditions/
2. Intellectual Property
SUNA Products and/or Services are foryour personal use. You may not record, orretransmit the content, nor use the contentin association with any other trafficinformation or route guidance service ordevice not approved by Intelematics. Youobtain no right of ownership in anyIntellectual Property Rights (includingcopyright) in the data that is used toprovide SUNA Products and/or Services.
3. Appropriate Use
SUNA Products and/or Services areintended as an aid to personal motoringand travel planning, and do not providecomprehensive or accurate information onall occasions. On occasions, you mayexperience additional delay as a result ofusing SUNA Products and/or Services. Youacknowledge that it is not intended, orsuitable, for use in applications where timeof arrival or driving directions may impactthe safety of the public or yourself.
4. Use of SUNA Products and Serviceswhile driving
You, and other authorised drivers of thevehicle in which SUNA Products and/orServices are available or installed andactive, remain at all times responsible forobserving all relevant laws and codes ofsafe driving. In particular, you agree to onlyactively operate SUNA Products and/orServices when the Vehicle is at a completestop and it is safe to do so.
5. Service Continuity and Reception ofthe SUNA Traffic Channel
We will use reasonable endeavours toprovide the SUNA Traffic Channel 24 hoursa day, 365 days a year. The SUNA TrafficChannel may occasionally be unavailablefor technical reasons or for plannedmaintenance. We will try to performmaintenance at times when congestion islight. We reserve the right to withdrawSUNA Products and/or Services at anytime.
Also, we cannot assure the uninterruptedreception of the SUNA Traffic ChannelRDS-TMC signal at any particular location.
6. Limitation of Liability
Neither Intelematics (nor its suppliers orthe manufacturer of your device (the“Suppliers”)) shall be liable to you or toany third party for any damages eitherdirect, indirect, incidental, consequentialor otherwise arising out of the use of orinability to use SUNA Products and/orServices even if Intelematics or a Supplierhas been advised of the possibility of suchdamages. You also acknowledge that theneither Intelematics nor any Supplierguarantees nor make any warranties thatrelate to the availability, accuracy orcompleteness of SUNA Products and/orServices, and to the extent which it islawful to do so, both Intelematics and eachSupplier excludes any warranties whichmight otherwise be implied by any Stateor Federal legislation in relation to SUNAProducts and/or Services.
7. Please Note
Great care has been taken in preparing thismanual. Constant product developmentmay mean that some information is notentirely up-to-date. The information in thisdocument is subject to change withoutnotice.
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