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END USER LICENSE AGREEMENT
VEHICLE SOFTWARE END USER
LICENSE AGREEMENT (EULA)
•
You (“You” or “Your” as applicable) have
acquired a vehicle having several
devices, including SYNC ® and various
control modules, ("DEVICES") that include
software licensed or owned by Ford
Motor Company and its affiliates ("FORD
MOTOR COMPANY"). Those software
products of FORD MOTOR COMPANY
origin, as well as associated media,
printed materials, and "online" or
electronic documentation ("SOFTWARE")
are protected by international intellectual
property laws and treaties. The
SOFTWARE is licensed, not sold. All
rights reserved.
• The SOFTWARE may interface with
and/or communicate with, or may be later
upgraded to interface with and/or
communicate with additional software
and/or systems provided by FORD
MOTOR COMPANY. IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA") DO
NOT USE THE DEVICES OR COPY THE
SOFTWARE. ANY USE OF THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO USE ON
THE DEVICES, WILL CONSTITUTE YOUR
AGREEMENT TO THIS EULA (OR
RATIFICATION OF ANY PREVIOUS
CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA
grants you the following license:
•
You may use the SOFTWARE as installed
on the DEVICES and as otherwise
interfacing with systems and/or services
provide by or through FORD MOTOR
COMPANY or its third party software and
service providers.
Description of Other Rights and Limitations
• Speech Recognition: If the SOFTWARE
includes speech recognition
component(s), you should understand
that speech recognition is an inherently
statistical process and that recognition
errors are inherent in the process.
Neither FORD MOTOR COMPANY nor its suppliers shall be liable for any
damages arising out of errors in the
speech recognition process. It is your
responsibility to monitor any speech
recognition functions included in the
system.
• Limitations on Reverse Engineering,
Decompilation and Disassembly:
You
may not reverse engineer, decompile,
translate, disassemble or attempt to
discover any source code or underlying
ideas or algorithms of the SOFTWARE
nor permit others to reverse engineer,
decompile or disassemble the
SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation or to the
extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.
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•
Limitations on Distributing, Copying,
Modifying and Creating Derivative
Works: You may not distribute, copy,
make modifications to or create
derivative works based on the
SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation or to the
extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.
• Single EULA:
The end user
documentation for the DEVICES and
related systems and services may contain
multiple EULAs, such as multiple
translations and/or multiple media
versions (e.g., in the user documentation
and in the software). Even if you receive
multiple EULAs, you are licensed to use
only one (1) copy of the SOFTWARE. •
SOFTWARE Transfer:
You may
permanently transfer your rights under
this EULA only as part of a sale or transfer
of the DEVICES, provided you retain no
copies, you transfer all of the SOFTWARE
(including all component parts, the media
and printed materials, any upgrades, and,
if applicable, the Certificate(s) of
Authenticity), and the recipient agrees to
the terms of this EULA. If the SOFTWARE
is an upgrade, any transfer must include
all prior versions of the SOFTWARE.
• Termination:
Without prejudice to any
other rights, FORD MOTOR COMPANY
may terminate this EULA if you fail to
comply with the terms and conditions of
this EULA.
• Internet-Based Services Components:
The SOFTWARE may contain
components that enable and facilitate
the use of certain Internet-based
services. You acknowledge and agree
that FORD MOTOR COMPANY, third
party software and service suppliers, its
affiliates and/or its designated agent may automatically check the version of the
SOFTWARE and/or its components that
you are utilizing and may provide
upgrades or supplements to the
SOFTWARE that may be automatically
downloaded to your DEVICES.
• Additional Software/Services:
The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or its
designated agent to provide or make
available to you SOFTWARE updates,
supplements, add-on components, or
Internet-based services components of
the SOFTWARE after the date you obtain
your initial copy of the SOFTWARE
("Supplemental Components".)
SOFTWARE updates may cause you to
incur additional charges from your
wireless service provider. If FORD
MOTOR COMPANY or third party
software and services suppliers provide
or make available to you Supplemental
Components and no other EULA terms
are provided along with the
Supplemental Components, then the
terms of this EULA shall apply. FORD
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Page 519 of 558
MOTOR COMPANY, its affiliates and/or
its designated agent reserve the right to
discontinue without liability any
Internet-based services provided to you
or made available to you through the use
of the SOFTWARE.
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•
Links to Third Party Sites: The
SOFTWARE may provide you with the
ability to link to third party sites. The third
party sites are not under the control of
FORD MOTOR COMPANY, its affiliates
and/or its designated agent. Neither
FORD MOTOR COMPANY nor its
affiliates nor its designated 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 third party sites, or (ii)
webcasting or any other form of
transmission received from any third
party sites. If the SOFTWARE provides
links to third party sites, those links are
provided to you only as a convenience,
and the inclusion of any link does not
imply an endorsement of the third party
site by FORD MOTOR COMPANY, its
affiliates and/or its designated agent.
• Obligation to Drive Responsibly:
You
recognize your obligation to drive
responsibly and keep attention on the
road. You will read and abide with the
DEVICES operating instructions
particularly as they pertain to safety and
you agree to assume any risk associated with the use of the DEVICES.
UPGRADES AND RECOVERY MEDIA: If the
SOFTWARE is provided by FORD MOTOR
COMPANY separate from the DEVICES on
media such as a ROM chip, CD ROM disk(s)
or via web download or other means, and is
labeled "For Upgrade Purposes Only" or "For
Recovery Purposes Only" you may install one
(1) copy of such SOFTWARE onto the
DEVICES as a replacement copy for the
existing SOFTWARE, and use it in
accordance with this EULA, including any
additional EULA terms accompanying the
upgrade SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:
All
title and intellectual property rights in and to
the SOFTWARE (including but not limited to
any images, photographs, animations, video,
audio, music, text and "applets" incorporated
into the SOFTWARE), the accompanying
printed materials, and any copies of the
SOFTWARE, are owned by FORD MOTOR
COMPANY, or its affiliates or suppliers. The
SOFTWARE is licensed, not sold. You may
not copy the printed materials accompanying
the SOFTWARE. All title and intellectual
property rights in and to the content which may be accessed through use of the
SOFTWARE is the property of the respective
content owner and may be protected by
applicable copyright or other intellectual
property laws and treaties. This EULA grants
you no rights to use such content outside its
intended use. All rights not specifically
granted under this EULA are reserved by
FORD MOTOR COMPANY, its affiliates, and
third party software and service providers
and suppliers. Use of any on-line services
which may be accessed through the
SOFTWARE may be governed by the
respective terms of use relating to such
services. If this SOFTWARE contains
documentation that is provided only in
electronic form, you may print one copy of
such electronic documentation.
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