2017 FORD FUSION ENERGI service

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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1. Safe and Lawful Use
You acknowledge that devoting attentionto the TeleNav Software may pose a riskof injury or death to you and others insituations that otherwise require yourundivided attention, and you thereforeagree to comply with the following whenusing the TeleNav Software:
(a) observe all traffic laws and otherwisedrive safely;
(b) use your own personal judgment whiledriving. If you feel that a route suggestedby the TeleNav Software instructs you toperform an unsafe or illegal maneuver,places you in an unsafe situation, or directsyou into an area that you consider to beunsafe, do not follow such instructions;
(c) do not input destinations, or otherwisemanipulate the TeleNav Software, unlessyour vehicle is stationary and parked;
(d) do not use the TeleNav Software forany illegal, unauthorized, unintended,unsafe, hazardous, or unlawful purposes,or in any manner inconsistent with thisAgreement;
(e) arrange all GPS and wireless devicesand cables necessary for use of theTeleNav Software in a secure manner inyour vehicle so that they will not interferewith your driving and will not prevent theoperation of any safety device (such as anairbag).
You agree to indemnify and hold TeleNavharmless against all claims resulting fromany dangerous or otherwise inappropriateuse of the TeleNav Software in any movingvehicle, including as a result of your failureto comply with the directions above.
2. Account Information
You agree: (a) when registering theTeleNav Software, to provide TeleNav withtrue, accurate, current, and completeinformation about yourself, and (b) toinform TeleNav promptly of any changesto such information, and to keep it true,accurate, current and complete.
3. Software License
•Subject to your compliance with theterms of this Agreement, TeleNavhereby grants to you a personal,non-exclusive, non-transferable license(except as expressly permitted belowin connection with your permanenttransfer of the TeleNav Softwarelicense), without the right tosublicense, to use the TeleNavSoftware (in object code form only) inorder to access and use the TeleNavSoftware. This license shall terminateupon any termination or expiration ofthis Agreement. You agree that you willuse the TeleNav Software only for yourpersonal business or leisure purposes,and not to provide commercialnavigation services to other parties.
3.1 License Limitations
•(a) reverse engineer, decompile,disassemble, translate, modify, alteror otherwise change the TeleNavSoftware or any part thereof; (b)attempt to derive the source code,audio library or structure of theTeleNav Software without the priorexpress written consent of TeleNav;(c) remove from the TeleNavSoftware, or alter, any of TeleNav's orits suppliers' trademarks, trade names,logos, patent or copyright notices, orother notices or markings; (d)
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HERE holds a non-exclusive license fromthe United States Postal Service® topublish and sell ZIP+4® information.
©United States Postal Service® 2014.Prices are not established, controlled orapproved by the United States PostalService®. The following trademarks andregistrations are owned by the USPS:United States Postal Service, USPS, andZIP+4
The Data for Mexico includes certain datafrom Instituto Nacional de Estadística yGeografía.
9.2 End User Terms Required by NAV2(Shanghai) Co., Ltd
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 NAV2 (Shanghai) Co.,Ltd (“NAV2”) and its licensors (includingtheir licensors and suppliers) on the otherhand. 20xx. All rights reserved
Terms and Conditions
Permitted Use. You agree to use this Datatogether with the Telenav Software solelyfor the internal business and personalpurposes for which you were licensed, andnot for service bureau, time-sharing orother similar purposes. Accordingly, butsubject to the restrictions set forth in thefollowing paragraphs, you agree not tootherwise reproduce, copy, modify,decompile, disassemble, create anyderivative works of, or reverse engineer anyportion of this Data, and may not transferor distribute it in any form, for any purpose,except to the extent permitted bymandatory laws.
Restrictions. Except where you have beenspecifically licensed to do so by Telenav,and without limiting the precedingparagraph, you may not use this Data (a)with any products, systems, or applicationsinstalled or otherwise 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.
Warning. The Data may containinaccurate or incomplete information dueto the passage of time, changingcircumstances, sources used and thenature of collecting comprehensivegeographic data, any of which may lead toincorrect results.
No Warranty. This Data is provided to you“as is,” and you agree to use it at your ownrisk. Telenav and its licensors (and theirlicensors and suppliers) make noguarantees, representations or warrantiesof any kind, express or implied, arising bylaw or otherwise, including but not limitedto, content, quality, accuracy,completeness, effectiveness, reliability,fitness for a particular purpose, usefulness,use or results to be obtained from thisData, or that the Data or server will beuninterrupted or error-free.
Disclaimer of Warranty: TELENAV ANDITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR A
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NOTICE OF USE
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia, 425West Randolph Street, Chicago, Illinois60606
This Data is a commercial item asdefined in FAR 2.101 and is subject tothese End-User Terms under which thisData was provided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federalgovernment agency, or any federal officialrefuses to use the legend provided herein,the Contracting Officer, federalgovernment agency, or any federal officialmust notify HERE prior to seekingadditional or alternative rights in the Data.
I. US/Canada Territory
A. United States Data. The End-UserTerms for any Application containingData for the United States shall containthe following notices:
“HERE holds a non-exclusive licensefrom the United States PostalService® to publish and sell ZIP+4®information.”
“©United States Postal Service®20XX. Prices are not established,controlled or approved by the UnitedStates Postal Service®. The followingtrademarks and registrations areowned by the USPS: United StatesPostal Service, USPS, and ZIP+4.”
B. Canada Data. The following provi-sions apply to the Data for Canada,which may include or reflect data fromthird party licensors (“Third PartyData”), including Her Majesty the Queenin Right of Canada (“Her Majesty”),Canada Post Corporation (“CanadaPost”) and the Department of NaturalResources of Canada (“NRCan”):
1. Disclaimer and Limitation: Clientagrees that its use of the Third PartyData is subject to the following provi-sions:
a. Disclaimer: The Third Party Datais licensed on an “as is” basis. Thelicensors of such data, including HerMajesty, Canada Post and NRCan,make no guarantees, representa-tions or warranties respecting suchdata, either express or implied,arising by law or otherwise, includingbut not limited to, effectiveness,completeness, accuracy or fitnessfor a particular purpose.
b. Limitation on Liability: The ThirdParty Data licensors, including HerMajesty, Canada Post and NRCan,shall not be liable: (i) in respect ofany claim, demand or action, irre-spective of the nature of the causeof the claim, demand or actionalleging any loss, injury or damages,direct or indirect, which may resultfrom the use or possession of suchData; or (ii) in any way for loss ofrevenues or contracts, or any otherconsequential loss of any kindresulting from any defect in theData.
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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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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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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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