2017 FORD FUSION ENERGI ESP

END USER LICENSE
AGREEMENT
VEHICLE SOFTWARE END USERLICENSE AGREEMENT (EULA)
•You (“You” or “Your” as applicable)have acquired a vehicle having severaldevices, including SYNC ® and variouscontrol modules, ("DEVICES") thatinclude software licensed or owned byFord Motor Company and its affiliates("FORD MOTOR COMPANY"). Thosesoftware products of FORD MOTORCOMPANY origin, as well as associatedmedia, printed materials, and "online"or electronic documentation("SOFTWARE") are protected byinternational intellectual property lawsand treaties. The SOFTWARE islicensed, not sold. All rights reserved.
•The SOFTWARE may interface withand/or communicate with, or may belater upgraded to interface with and/orcommunicate with additional softwareand/or systems provided by FORDMOTOR COMPANY.
IF YOU DO NOT AGREE TO THIS ENDUSER LICENSE AGREEMENT ("EULA")DO NOT USE THE DEVICES OR COPYTHE SOFTWARE. ANY USE OF THESOFTWARE, INCLUDING BUT NOTLIMITED TO USE ON THE DEVICES,WILL CONSTITUTE YOUR AGREEMENTTO THIS EULA (OR RATIFICATION OFANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: ThisEULA grants you the following license:
•You may use the SOFTWARE asinstalled on the DEVICES and asotherwise interfacing with systemsand/or services provide by or throughFORD MOTOR COMPANY or its thirdparty software and service providers.
Description of Other Rights andLimitations
•Speech Recognition: If theSOFTWARE includes speechrecognition component(s), you shouldunderstand that speech recognition isan inherently statistical process andthat recognition errors are inherent inthe process. Neither FORD MOTORCOMPANY nor its suppliers shall beliable for any damages arising out oferrors in the speech recognitionprocess. It is your responsibility tomonitor any speech recognitionfunctions included in the system.
•Limitations on Reverse Engineering,Decompilation and Disassembly:You may not reverse engineer,decompile, translate, disassemble orattempt to discover any source codeor underlying ideas or algorithms of theSOFTWARE nor permit others toreverse engineer, decompile ordisassemble the SOFTWARE, exceptand only to the extent that such activityis expressly permitted by applicablelaw notwithstanding this limitation orto the extent as may be permitted bythe licensing terms governing use ofany open source components includedwith the SOFTWARE.
•Limitations on Distributing,Copying, Modifying and CreatingDerivative Works: You may notdistribute, copy, make modificationsto or create derivative works based onthe SOFTWARE, except and only to theextent that such activity is expresslypermitted by applicable lawnotwithstanding this limitation or tothe extent as may be permitted by thelicensing terms governing use of anyopen source components included withthe SOFTWARE.
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•Links to Third Party Sites: TheSOFTWARE may provide you with theability to link to third party sites. Thethird party sites are not under thecontrol of FORD MOTOR COMPANY,its affiliates and/or its designatedagent. Neither FORD MOTORCOMPANY nor its affiliates nor itsdesignated agent are responsible for(I) the contents of any third party sites,any links contained in third party sites,or any changes or updates to thirdparty sites, or (ii) webcasting or anyother form of transmission receivedfrom any third party sites. If theSOFTWARE provides links to thirdparty sites, those links are provided toyou only as a convenience, and theinclusion of any link does not imply anendorsement of the third party site byFORD MOTOR COMPANY, its affiliatesand/or its designated agent.
•Obligation to Drive Responsibly:You recognize your obligation to driveresponsibly and keep attention on theroad. You will read and abide with theDEVICES operating instructionsparticularly as they pertain to safetyand you agree to assume any riskassociated with the use of theDEVICES.
UPGRADES AND RECOVERY MEDIA:If the SOFTWARE is provided by FORDMOTOR COMPANY separate from theDEVICES on media such as a ROM chip,CD ROM disk(s) or via web download orother means, and is labeled "For UpgradePurposes Only" or "For Recovery PurposesOnly" you may install one (1) copy of suchSOFTWARE onto the DEVICES as areplacement copy for the existingSOFTWARE, and use it in accordance withthis EULA, including any additional EULAterms accompanying the upgradeSOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:All title and intellectual property rights inand to the SOFTWARE (including but notlimited to any images, photographs,animations, video, audio, music, text and"applets" incorporated into theSOFTWARE), the accompanying printedmaterials, and any copies of theSOFTWARE, are owned by FORD MOTORCOMPANY, or its affiliates or suppliers. TheSOFTWARE is licensed, not sold. You maynot copy the printed materialsaccompanying the SOFTWARE. All titleand intellectual property rights in and tothe content which may be accessedthrough use of the SOFTWARE is theproperty of the respective content ownerand may be protected by applicablecopyright or other intellectual propertylaws and treaties. This EULA grants you norights to use such content outside itsintended use. All rights not specificallygranted under this EULA are reserved byFORD MOTOR COMPANY, its affiliates,and third party software and serviceproviders and suppliers. Use of any on-lineservices which may be accessed throughthe SOFTWARE may be governed by therespective terms of use relating to suchservices. If this SOFTWARE containsdocumentation that is provided only inelectronic form, you may print one copy ofsuch electronic documentation.
EXPORT RESTRICTIONS: Youacknowledge that the SOFTWARE issubject to U.S. and European Union exportjurisdiction. You agree to comply with allapplicable international and national lawsthat apply to the SOFTWARE, includingthe U.S. Export Administration Regulations,as well as end-user, end-use anddestination restrictions issued by U.S. andother governments.
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substitute for your personal judgment.Any route suggestions made by thissystem should never replace any localtraffic regulations or your personaljudgment or knowledge of safe drivingpractices.
•Route Safety: Do not follow the routesuggestions if doing so would result inan unsafe or illegal maneuver, if youwould be placed in an unsafe situation,or if you would be directed into an areathat you consider unsafe. The driver isultimately responsible for the safeoperation of the vehicle and therefore,must evaluate whether it is safe tofollow the suggested directions.
•Potential Map Inaccuracy: Mapsused by this system may be inaccuratebecause of changes in roads, trafficcontrols or driving conditions. Alwaysuse good judgment and common sensewhen following the suggested routes.
•Emergency Services: Do not rely onany navigation features included in thesystem to route you to emergencyservices. Ask local authorities or anemergency services operator for theselocations. Not all emergency servicessuch as police, fire stations, hospitalsand clinics are likely to be contained inthe map database for such navigationfeatures.
Your Responsibilities and Assumptions ofRisk
•You agree to each of the following:(a)Any use of the SOFTWARE whiledriving an automobile or other vehiclein violation of applicable law orotherwise driving in an unsafe mannerpresents a significant risk of distracteddriving and should not be attemptedunder any circumstances;(b) Use ofthe SOFTWARE at excessive volumeposes a significant risk of hearingdamage and should not be attemptedunder any circumstances;(c) TheSOFTWARE may not be compatiblewith new or different versions of anoperating system, third party software,or third party services, and theSOFTWARE may potentially cause acritical failure of an operating system,third party software, or third partyservice.(d) Any third party serviceaccessed by or third party softwareused with the SOFTWARE (I) maycharge an additional fee for access, (ii)may not work correctly, on anuninterrupted basis, or error free, (iii)may change streaming formats ordiscontinue operation, (iv) may containadult, profane or offensive content; and(v) may contain inaccurate, false ormisleading traffic, weather, financialor safety information or other content;and (e) Use of the SOFTWARE maycause you to incur additional chargesfrom your wireless service provider(WSP) and any data or minutecalculators that may be included in thesoftware program are for referenceonly, are not warranted in any way andshould not be relied upon in anyway.
•When using the SOFTWARE, you agreeto be responsible for and assume theentire risk to the items set forth inSection (a) – (e) above.
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Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE ANDAGREE THAT USE OF THE DEVICES ANDSOFTWARE IS AT YOUR SOLE RISK ANDTHAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY,PERFORMANCE, COMPATIBILITY,ACCURACY AND EFFORT IS WITH YOU.TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, THE SOFTWAREAND ANY THIRD PARTY SOFTWARE ORTHIRD-PARTY SERVICES ARE PROVIDED"AS IS" AND “AS AVAILABLE”, WITH ALLFAULTS AND WITHOUT WARRANTY OFANY KIND, AND FORD MOTOR COMPANYHEREBY DISCLAIMS ALL WARRANTIESAND CONDITIONS WITH RESPECT TOTHE SOFTWARE, THIRD PARTYSOFTWARE, AND THIRD-PARTYSERVICES, EITHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESAND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR ANARTICULAR PURPOSE, OF ACCURACY,OF QUIET ENJOYMENT, ANDNON-INFRINGEMENT OF THIRD-PARTYRIGHTS. FORD MOTOR COMPANY DOESNOT WARRANT (a) AGAINSTINTERFERENCE WITH YOUR ENJOYMENTOF THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICES,(b) THAT THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICESWILL MEET YOUR REQUIREMENTS, (c)THAT THE OPERATION OF THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES WILL BEUNINTERRUPTED OR ERROR-FREE, (d)OR THAT DEFECTS IN THE SOFTWARE,THIRD PARTY SOFTWARE, ORTHIRD-PARTY SERVICES WILL BECORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BYFORD MOTOR COMPANY OR ITSAUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES PROVEDEFECTIVE, YOU ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION. SOMEJURISDICTIONS DO NOT ALLOW THEDISCLAIMER OF IMPLIED WARRANTIESOR LIMITATIONS ON APPLICABLESTATUTORY RIGHTS OF A CONSUMER,SO THE ABOVE DISCLAIMER MAY NOTFULLY APPLY TO YOU. THE SOLEWARRANTY PROVIDED BY FORD MOTORCOMPANY SHALL BE FOUND IN THEWARRANTY INFORMATION INCLUDINGWITH YOUR OWNER GUIDE. TO THEEXTENT THAT THERE IS ANY CONFLICTBETWEEN THE TERMS OF THIS SECTIONAND THE WARRANTY BOOKLET, THEWARRANTY BOOKLET SHALL CONTROL.
Applicable Law, Venue, Jurisdiction
•The laws of the State of Michigangovern this EULA and Your use of theSOFTWARE. Your use of theSOFTWARE may also be subject toother local, state, national, orinternational laws. Any litigation arisingout of or related to this EULA shall bebrought and maintained exclusively ina court of the State of Michiganlocated in Wayne County or in theUnited States District Court for theEastern District of Michigan. You herebyconsent to submit to the personaljurisdiction of a court in the State ofMichigan located in Wayne County andthe United States District Court for theEastern District of Michigan for anydispute arising out of or relating to thisEULA.
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distribute, sublicense or otherwisetransfer the TeleNav Software toothers, except as part of yourpermanent transfer of the TeleNavSoftware; or (e) use the TeleNavSoftware in any manner that
I. infringes the intellectual property orproprietary rights, rights of publicity orprivacy or other rights of any party,
ii. violates any law, statute, ordinance orregulation, including but not limited to lawsand 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 otherwiseobjectionable; and (f) lease, rent out, orotherwise permit unauthorized access bythird parties to the TeleNav Softwarewithout advanced written permission ofTeleNav.
4. Disclaimers
•To the fullest extent permissiblepursuant to applicable law, in no eventwill TeleNav, its licensors and suppliers,or agents or employees of any of theforegoing, be liable for any decisionmade or action taken by you or anyoneelse in reliance on the informationprovided by the TeleNav Software.TeleNav also does not warrant theaccuracy of the map or other data usedfor the TeleNav Software. Such datamay not always reflect reality due to,among other things, road closures,construction, weather, new roads andother changing conditions. You areresponsible for the entire risk arisingout of your use of the TeleNavSoftware. For example but withoutlimitation, you agree not to rely on theTeleNav Software for criticalnavigation in areas where thewell-being or survival of you or others
is dependent on the accuracy ofnavigation, as the maps or functionalityof the TeleNav Software are notintended to support such high riskapplications, especially in more remotegeographical areas.
•TELENAV EXPRESSLY DISCLAIMSAND EXCLUDES ALL WARRANTIES INCONNECTION WITH THE TELENAVSOFTWARE, WHETHER STATUTORY,EXPRESS OR IMPLIED, INCLUDING ALLWARRANTIES WHICH MAY ARISEFROM COURSE OF DEALING, CUSTOMOR TRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENTOF THIRD PARTY RIGHTS WITHRESPECT TO THE TELENAVSOFTWARE.
•Certain jurisdictions do not permit thedisclaimer of certain warranties, so thislimitation may not apply to you.
5. Limitation of Liability
•TO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAVOR ITS LICENSORS AND SUPPLIERSBE LIABLE TO YOU OR TO ANY THIRDPARTY FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES(INCLUDING IN EACH CASE, BUT NOTLIMITED TO, DAMAGES FOR THEINABILITY TO USE THE EQUIPMENTOR ACCESS DATA, LOSS OF DATA,LOSS OF BUSINESS, LOSS OFPROFITS, BUSINESS INTERRUPTIONOR THE LIKE) ARISING OUT OF THEUSE OF OR INABILITY TO USE THETELENAV SOFTWARE, EVEN IFTELENAV HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY DAMAGESTHAT YOU MIGHT INCUR FOR ANY
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REASON WHATSOEVER (INCLUDING,WITHOUT LIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALLDIRECT OR GENERAL DAMAGES INCONTRACT, TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE), THEENTIRE LIABILITY OF TELENAV ANDOF ALL OF TELENAV'S SUPPLIERSSHALL BE LIMITED TO THE AMOUNTACTUALLY PAID BY YOU FOR THETELENAV SOFTWARE. SOME STATESAND/OR JURISDICTIONS DO NOTALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
•You agree that any dispute, claim orcontroversy arising out of or relating tothis Agreement or the TeleNavSoftware shall be settled byindependent arbitration involving aneutral arbitrator and administered bythe American Arbitration Associationin the County of Santa Clara, California.The arbitrator shall apply theCommercial Arbitration Rules of theAmerican Arbitration Association, andthe judgment upon the award renderedby the arbitrator may be entered by anycourt having jurisdiction. Note thatthere is no judge or jury in an arbitrationproceeding and the decision of thearbitrator shall be binding upon bothparties. You expressly agree to waiveyour right to a jury trial. This Agreementand performance hereunder will begoverned by and construed inaccordance with the laws of the Stateof California, without giving effect toits conflict of law provisions. To theextent judicial action is necessary inconnection with the binding arbitration,both TeleNav and you agree to submit
to the exclusive jurisdiction of thecourts of the County of Santa Clara,California. The United NationsConvention on Contracts for theInternational Sale of Goods shall notapply.
7. Assignment
•You may not resell, assign, or transferthis Agreement or any of your rights orobligations, except in totality, inconnection with your permanenttransfer of the TeleNav Software, andexpressly conditioned upon the newuser of the TeleNav Software agreeingto be bound by the terms andconditions of this Agreement. Any suchsale, assignment or transfer that is notexpressly permitted under thisparagraph will result in immediatetermination of this Agreement, withoutliability to TeleNav, in which case youand all other parties shall immediatelycease all use of the TeleNav Software.Notwithstanding the foregoing,TeleNav may assign this Agreement toany other party at any time withoutnotice, provided the assignee remainsbound by this Agreement.
8. Miscellaneous
8.1
This Agreement constitutes the entireagreement between TeleNav and you withrespect to the subject matter hereof.
8.2
Except for the limited licenses expresslygranted in this Agreement, TeleNav retainsall right, title and interest in and to theTeleNav Software, including withoutlimitation all related intellectual propertyrights. No licenses or other rights which arenot expressly granted in this Agreementare intended to, or shall be, granted or
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conferred by implication, statute,inducement, estoppel or otherwise, andTeleNav and its suppliers and licensorshereby reserve all of their respective rightsother than the licenses explicitly grantedin this Agreement.
8.3
By using the TeleNav Software, youconsent to receive from TeleNav allcommunications, including notices,agreements, legally required disclosuresor other information in connection with theTeleNav Software (collectively, "Notices")electronically. TeleNav may provide suchNotices by posting them on TeleNav'sWebsite or by downloading such Noticesto your wireless device. If you desire towithdraw your consent to receive Noticeselectronically, you must discontinue youruse of the TeleNav Software.
8.4
TeleNav's or your failure to requireperformance of any provision shall notaffect that party's right to requireperformance at any time thereafter, norshall a waiver of any breach or default ofthis Agreement constitute a waiver of anysubsequent breach or default or a waiverof the provision itself.
8.5
If any provision herein is heldunenforceable, then such provision will bemodified to reflect the intention of theparties, and the remaining provisions ofthis Agreement will remain in full force andeffect.
8.6
The headings in this Agreement are forconvenience of reference only, will not bedeemed to be a part of this Agreement,and will not be referred to in connectionwith the construction or interpretation ofthis Agreement. As used in this Agreement,the words "include" and "including" andvariations thereof, will not be deemed tobe terms of limitation, but rather will bedeemed to be followed by the words"without limitation".
9. Other Vendors Terms and Conditions
•The Telenav Software utilizes map andother data licensed to Telenav by thirdparty vendors for the benefit of you andother end users. This Agreementincludes end-user terms applicable tothese companies (included at the endof this Agreement), and thus your useof the Telenav Software is also subjectto such terms. You agree to complywith the following additional terms andconditions, which are applicable toTelenav’s third party vendor licensors::
9.1 End User Terms Required by HERENorth America, LLC
The data (“Data”) is provided for yourpersonal, internal use only and not forresale. It is protected by copyright, and issubject to the following terms andconditions which are agreed to by you, onthe one hand, and Telenav (“Telenav”) andits licensors (including their licensors andsuppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includesinformation taken with permission fromCanadian authorities, including: © HerMajesty the Queen in Right of Canada, ©Queen's Printer for Ontario, © Canada PostCorporation, GeoBase®, © Department ofNatural Resources Canada.
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PARTICULAR PURPOSE ORNON-INFRINGEMENT. Some States,Territories and Countries do not allowcertain warranty exclusions, so to thatextent the above exclusion may not applyto you.
Disclaimer of Liability: TELENAV ANDITS LICENSORS (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 INFORMATION, ORTHE BREACH OF THESE TERMS ORCONDITIONS, WHETHER IN AN ACTIONIN CONTRACT OR TORT OR BASED ON AWARRANTY, EVEN IF TELENAV OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. SomeStates, Territories and Countries do notallow certain liability exclusions ordamages limitations, so to that extent theabove may not apply to you.
Export Control. You shall not export fromanywhere any part of the Data or any directproduct thereof except in compliance with,and with all licenses and approvalsrequired under, applicable export laws,rules and regulations, including but notlimited to the laws, rules and regulationsadministered by the Office of ForeignAssets Control of the U.S. Department ofCommerce and the Bureau of Industry andSecurity of the U.S. Department ofCommerce. To the extent that any such
export laws, rules or regulations prohibitHERE from complying with any of itsobligations hereunder to deliver ordistribute Data, such failure shall beexcused and shall not constitute a breachof this Agreement.
Entire Agreement. These terms andconditions constitute the entire agreementbetween Telenav (and its licensors,including their licensors and suppliers) andyou pertaining to the subject matter hereof,and supersedes in their entirety any andall written or oral agreements previouslyexisting between us with respect to suchsubject matter.
Governing Law. The above terms andconditions shall be governed by the lawsof the State of Illinois [insert “Netherlands”where European HERE Data is used],without giving effect to (i) its conflict oflaws provisions, or (ii) the United NationsConvention for Contracts for theInternational Sale of Goods, which isexplicitly excluded. You agree to submit tothe jurisdiction of the State of Illinois[insert “The Netherlands” where EuropeanHERE Data is used] for any and alldisputes, claims and actions arising fromor in connection with the Data provided toyou hereunder.
Government End Users. If the Data isbeing acquired by or on behalf of theUnited States government or any otherentity seeking or applying rights similar tothose customarily claimed by the UnitedStates government, this Data is a“commercial item” as that term is definedat 48 C.F.R. (“FAR”) 2.101, is licensed inaccordance with these End-User Terms,and each copy of Data delivered orotherwise furnished shall be marked andembedded as appropriate with thefollowing “Notice of Use,” and shall betreated in accordance with such Notice:
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