2017 FORD FUSION HYBRID service

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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•Single EULA: The end userdocumentation for the DEVICES andrelated systems and services maycontain multiple EULAs, such asmultiple translations and/or multiplemedia versions (e.g., in the userdocumentation and in the software).Even if you receive multiple EULAs, youare licensed to use only one (1) copy ofthe SOFTWARE.
•SOFTWARE Transfer: You maypermanently transfer your rights underthis EULA only as part of a sale ortransfer of the DEVICES, provided youretain no copies, you transfer all of theSOFTWARE (including all componentparts, the media and printed materials,any upgrades, and, if applicable, theCertificate(s) of Authenticity), and therecipient agrees to the terms of thisEULA. If the SOFTWARE is an upgrade,any transfer must include all priorversions of the SOFTWARE.
•Termination: Without prejudice to anyother rights, FORD MOTOR COMPANYmay terminate this EULA if you fail tocomply with the terms and conditionsof this EULA.
•Internet-Based ServicesComponents: The SOFTWARE maycontain components that enable andfacilitate the use of certainInternet-based services. Youacknowledge and agree that FORDMOTOR COMPANY, third partysoftware and service suppliers, itsaffiliates and/or its designated agentmay automatically check the versionof the SOFTWARE and/or itscomponents that you are utilizing andmay provide upgrades or supplementsto the SOFTWARE that may beautomatically downloaded to yourDEVICES.
•Additional Software/Services: TheSOFTWARE may permit FORD MOTORCOMPANY, third party software andservice suppliers, its affiliates and/orits designated agent to provide or makeavailable to you SOFTWARE updates,supplements, add-on components, orInternet-based services componentsof the SOFTWARE after the date youobtain your initial copy of theSOFTWARE ("SupplementalComponents".) SOFTWARE updatesmay cause you to incur additionalcharges from your wireless serviceprovider. If FORD MOTOR COMPANYor third party software and servicessuppliers provide or make available toyou Supplemental Components andno other EULA terms are providedalong with the SupplementalComponents, then the terms of thisEULA shall apply. FORD MOTORCOMPANY, its affiliates and/or itsdesignated agent reserve the right todiscontinue without liability anyInternet-based services provided toyou or made available to you throughthe use of the 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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TRADEMARKS: This EULA does not grantyou any rights in connection with anytrademarks or service marks of FORDMOTOR COMPANY, its affiliates, and thirdparty software and service providers.
PRODUCT SUPPORT: Please refer toFORD MOTOR COMPANY instructionsprovided in the documentation for theDEVICES product support, such as thevehicle owner guide.
Should you have any questions concerningthis EULA, or if you desire to contact FORDMOTOR COMPANY for any other reason,please refer to the address provided in thedocumentation for the DEVICES.
No Liability for Certain Damages:EXCEPT AS PROHIBITED BY LAW, FORDMOTOR COMPANY, ANY THIRD PARTYSOFTWARE OR SERVICES SUPPLIERS,AND THEIR AFFILIATES SHALL HAVE NOLIABILITY FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL OR INCIDENTALDAMAGES ARISING FROM OR INCONNECTION WITH THE USE ORPERFORMANCE OF THE SOFTWARE. THISLIMITATION SHALL APPLY EVEN IF ANYREMEDY FAILS OF ITS ESSENTIALPURPOSE. THERE ARE NO WARRANTIESOTHER THAN THOSE THAT MAY BEEXPRESSLY PROVIDED FOR YOUR NEWVEHICLE.
SYNC® Automotive Important SafetyInformation Read and followinstructions:
•Before using your SYNC® system, readand follow all instructions and safetyinformation provided in this end usermanual ("Owner Guide".) Notfollowing precautions found in theOwner Guide can lead to an accidentor other serious injuries.
General Operation
•Voice Command Control: Certainfunctions within the SYNC® systemmay be accomplished using voicecommands. Using voice commandswhile driving helps you to operate thesystem without removing your handsfrom the wheel or eyes from the road.
•Prolonged Views of Screen: Do notaccess any function requiring aprolonged view of the screen while youare driving. Pull over in a safe and legalmanner before attempting to access afunction of the system requiringprolonged attention.
•Volume Setting: Do not raise thevolume excessively. Keep the volumeat a level where you can still hearoutside traffic and emergency signalswhile driving. Driving while unable tohear these sounds could cause anaccident.
•Navigation Features: Any navigationfeatures included in the system areintended to provide turn by turninstructions to get you to a desireddestination. Please make certain allpersons using this system carefullyread and follow instructions and safetyinformation fully.
•Distraction Hazard: Any navigationfeatures may require manual(non-verbal) setup. Attempting toperform such set-up or insert datawhile driving can distract your attentionand could cause an accident or otherserious injury. Stop the vehicle in a safeand legal manner before attemptingthese operations.
•Let Your Judgment Prevail: Anynavigation features are provided onlyas an aid. Make your driving decisionsbased on your observations of localconditions and existing trafficregulations. Any such feature is not a
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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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(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)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,
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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.
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 any
positioning 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 APARTICULAR 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 OR
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