2017 LINCOLN NAVIGATOR ESP

shall mean Geomarketing applications,
GIS applications, mobile business asset
management applications, call center
applications, telematics applications,
public organization Internet applications
or for providing geocoding services.
V. Europe Territory A. Use of Certain Traffic Codes in Europe 1. General Restrictions Applicable to
Traffic Codes. Client acknowledges and
agrees that in certain countries of the
Europe Territory, Client will need to
obtain rights directly from third party
RDS-TMC code providers to receive and
use the Traffic Codes in the Data and to
deliver to End-Users Transactions in any
way derived from or based on such
Traffic Codes. For such countries, HERE
shall deliver the Data incorporating
Traffic Codes to Client only after
receiving certification from Client of its
having obtained such rights. 2. Display of Third Party Rights Legends
for Belgium. Client shall, for each Trans-
action that uses Traffic Codes for
Belgium, provide the following notice to
the End-User: “Traffic Codes for Belgium
are provided by the Ministerie van de
Vlaamse Gemeenschap and the
Ministèrie de l’Equipement et des
Transports.
”
B. Paper Maps. With respect to any license
granted to Client relating to making,
selling or distributing paper maps (i.e., a
map fixed on a paper or paper-like
medium): (a) such license with respect to
Data for the Territory of Great Britain is
conditioned on Client’ s entering into and
complying with a separate written agree-
ment with the Ordnance Survey (“ OS”) to
create and sell paper maps, Client’ s
paying to the OS any and all applicable
paper map royalties, and Client’ s
complying with the OS copyright notice
requirements; (b) such license for selling
or otherwise distributing for charge with
respect to Data for the Territory of Czech
Republic is conditioned on Client’ s
obtaining prior written consent from Kartografie a.s.; (c) such license for selling
or distributing with respect to Data for the
Territory of Switzerland is conditioned on
Client’
s obtaining a permit from
Bundesamt für Landestopografie of
Switzerland; (d) Client is restricted from
using Data for the Territory of France to
create paper maps with a scale between
1:5,000 and 1:250,000; and (e) Client is
restricted from using any Data to create,
sell or distribute paper maps that are the
same or substantially similar, in terms of
data content and specific use of color,
symbols and scale, to paper maps
published by the European national
mapping agencies, including without
limitation, Landervermessungämter of
Germany, Topografische Dienst of the
Netherlands, Nationaal Geografisch
Instituut of Belgium, Bundesamt für
Landestopografie of Switzerland,
Bundesamt für Eich-und Vermessung-
swesen of Austria, and the National Land
Survey of Sweden.
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C. OS Enforcement. Without limiting
Section IV(B) above, with respect to Data
for the Territory of Great Britain, Client
acknowledges and agrees that the
Ordnance Survey (“
OS”) may bring a direct
action against Client to enforce compli-
ance with the OS copyright notice (see
Section IV(D) below) and paper map
requirements (see Section IV(B) above)
contained in this Agreement.
D. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy:
Notice
Country(ies)
“© Bundesamt für Eich- und
Vermessungswesen ”
Austria
“© EuroGeographics ”
Croatia
Cyprus,
Estonia,
Latvia,
Lithuania, Moldova,
Poland,
Slovenia
and/or
Ukraine
“source: © IGN 2009 – BD
TOPO ®”
France
“Die Grundlagendaten
wurden mit Genehmigung
der zuständigen Behörden
entnommen”
Germany
“Contains Ordnance Survey
data © Crown copyright
and database right 2010
Contains Royal Mail data ©
Royal Mail copyright and
database right 2010”
Great Britain
“Copyright Geomatics Ltd. ”
Greece
“Copyright © 2003; Top-
Map Ltd. ”
Hungary “La Banca Dati Italiana è
stata prodotta usando
quale riferimento anche
cartografia numerica ed al
tratto prodotta e fornita
dalla Regione Toscana.
”
Italy
“Copyright © 2000;
Norwegian Mapping
Authority”
Norway
“Source: IgeoE – Portugal”
Portugal
“Información geográfica
propiedad del CNIG”
Spain
“Based upon electronic
data © National Land
Survey Sweden. ”
Sweden
“Topografische Grundlage:
© Bundesamt für
Landestopographie.
Switzerland
E. Respective Country Distribution. Client
acknowledges that HERE has not received
approvals to distribute map data for the
following countries in such respective
countries: Albania, Belarus, Kyrgyzstan,
Moldova and Uzbekistan. HERE may
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update such list from time to time. The
license rights granted to Client under this
TL with respect to the Data for such
countries are contingent upon Client’
s
compliance with all applicable laws and
regulations, including, without limitation,
any required licenses or approvals to
distribute the Application incorporating
such Data in such respective countries.
VI. Australia Territory A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy: Copyright. Based on data provided
under license from PSMA Australia
Limited (www.psma.com.au). Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing RDS-
TMC Traffic Codes for Australia shall
contain the following notice: “Product
incorporates traffic location codes which
is © 20XX Telstra Corporation Limited and
its licensors. ”
VII. China Territory
Personal Use Only
You agree to use this Data together with
[insert name of Client Application] for the
solely personal, non-commercial purposes
for which you were licensed, and not for
service bureau, time-sharing or other similar
purposes. Accordingly, but subject to the
restrictions set forth in the following
paragraphs, you may copy this Data only as
necessary for your personal use to (i) view
it, and (ii) save it, provided that you do not remove any copyright notices that appear
and do not modify the Data in any way. You
agree not to otherwise reproduce, copy,
modify, decompile, disassemble or reverse
engineer any portion of this Data, and may
not transfer or distribute it in any form, for
any purpose, except to the extent permitted
by mandatory laws.
Restrictions
Except where you have been specifically
licensed to do so by NAV2 , and without
limiting the preceding paragraph, you may
not (a) use this Data with any products,
systems, or applications installed or
otherwise connected to or in communication
with vehicles, capable of vehicle navigation,
positioning, dispatch, real time route
guidance, fleet management or similar
applications; or (b) with or in communication
with any positioning devices or any mobile
or wireless-connected electronic or computer
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devices, including without limitation cellular
phones, palmtop and handheld computers,
pagers, and personal digital assistants or
PDAs. You agree to cease using this Data if
you fail to comply with these terms and
conditions.
Limited Warranty
NAV2 warrants that (a) the Data will perform
substantially in accordance with the
accompanying written materials for a period
of ninety (90) days from the date of receipt,
and (b) any support services provided by
NAV2 shall be substantially as described in
applicable written materials provided to you
by NAV2, and NAV2’
s support engineers will
make commercially reasonable efforts to
solve any problem issues.
rigCustomer Remedies
NAV2 and its suppliers ’ entire liability and
your exclusive remedy shall be, at NAV2’ s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’ s Limited
Warranty and that are returned to NAV2 with
a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from
accident, abuse, or misapplication. Any
replacement Data will be warranted for the
remainder of the original warranty period or
thirty (30) days, whichever is longer. Neither
these remedies nor any product support
services offered by NAV2 are available
without proof of purchase from an authorized
international source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SET
FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS
LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) SHALL NOT BE LIABLE TO
YOU: IN RESPECT OF ANY CLAIM, DEMAND
OR ACTION, IRRESPECTIVE OF THE
NATURE OF THE CAUSE OF THE CLAIM,
DEMAND OR ACTION ALLEGING ANY LOSS,
INJURY OR DAMAGES, DIRECT OR
INDIRECT, WHICH MAY RESULT FROM THE
USE OR POSSESSION OF THE
INFORMATION; OR FOR ANY LOSS OF
PROFIT, REVENUE, CONTRACTS OR
SAVINGS, OR ANY OTHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT
OF YOUR USE OF OR INABILITY TO USE
THIS INFORMATION, ANY DEFECT IN THE
INFROMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED
ON A WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER
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NO CIRCUMSTANCES SHALL NAV2’
s OR
ITS SUPPLIERS’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Export Control
You agree not to export to anywhere any
part of the Data provided to you or any direct
product thereof except in compliance with,
and with all licenses and approvals required
under, applicable export laws, rules and
regulations.
IP Protection
The Data are owned by NAV2 or its suppliers
and are protected by applicable copyright
and other intellectual property law and
treaties. The Data are provided solely on the
basis of a license to use, not sale. Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(and its
licensors, including their licensors and
suppliers) and you pertaining to the subject
matter hereof, and supersedes in their
entirety any and all written or oral
agreements previously existing between us
with respect to such subject matter.
Governing Law.
The above terms and conditions shall be
governed by the laws of the People
’s
Republic of China, without giving effect to (i)
its conflict of laws provisions, or (ii) the United
Nations Convention for Contracts for the
International Sale of Goods, which is
explicitly excluded. Any dispute arising from
or in connection with the Data provided to
you hereunder shall be submitted to the
Shanghai International Economic and Trade
Arbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote,
Inc., copyright© 2000-2007 Gracenote. Gracenote Software,
copyright © 2000-2007 Gracenote. This
product and service may practice 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 or pending. Some services
supplied under license from Open Globe,
Inc. for U.S. Patent 6,304,523.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote
™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608 ("Gracenote").
The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers
("Gracenote Servers"), and to perform other
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functions. You may use Gracenote Data only
by means of the intended End User functions
of this device. This device may contain
content belonging to Gracenote's providers.
If so, all of the restrictions set forth herein
with respect to Gracenote Data shall also
apply to such content and such content
providers shall be entitled to all of the
benefits and protections set forth herein that
are available to Gracenote. You agree that
you will use the content from Gracenote
("Gracenote Content") , Gracenote Data, the
Gracenote Software, and Gracenote Servers
for your own personal, non-commercial use
only. You agree not to assign, copy, transfer
or transmit the Gracenote Content,
Gracenote Software or any Gracenote Data
(except in a Tag associated with a music file)
to any third party. YOU AGREE NOT TO USE
OR EXPLOIT GRACENOTE CONTENT,
GRACENOTE DATA, THE GRACENOTE
SOFTWARE, OR GRACENOTE SERVERS,
EXCEPT AS EXPRESSLY PERMITTED
HEREIN.
You agree that your non-exclusive licenses
to use the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers will terminate if you
violate these restrictions. If your licenses
terminate, you agree to cease any and all
use of the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers.
Gracenote, respectively, reserve all rights in
Gracenote Data, the Gracenote Software,
and the Gracenote Servers and Gracenote
Content, including all ownership rights.
Under no circumstances will either
Gracenote become liable for any payment
to you for any information that you provide,
including any copyrighted material or music
file information. You agree that Gracenote
may enforce its respective rights, collectively
or separately, under this agreement against
you, directly in each company's own name.
Gracenote uses a unique identifier to track
queries for statistical purposes. The purpose
of a randomly assigned numeric identifier is
to allow Gracenote to count queries without
knowing anything about who you are. For
more information, see the web page at
www.gracenote.com for the Gracenote
Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEM
OF GRACENOTE DATA AND THE
GRACENOTE CONTENT ARE LICENSED TO
YOU "AS IS". NEITHER GRACENOTE MAKES
ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE
ACCURACY OF ANY GRACENOTE DATA
FROM THE GRACENOTE SERVERS OR
GRACENOTE CONTENT. GRACENOTE
COLLECTIVELY AND SEPARATELY RESERVE
THE RIGHT TO DELETE DATA AND/OR
CONTENT FROM THE COMPANIES'
RESPECTIVE SERVERS OR, IN THE CASE OF
GRACENOTE, CHANGE DATA CATEGORIES
FOR ANY CAUSE THAT GRACENOTE
DEEMS SUFFICIENT. NO WARRANTY IS
MADE THAT EITHER GRACENOTE
CONTENT OR THE GRACENOTE SOFTWARE
OR GRACENOTE SERVERS ARE
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ERROR-FREE OR THAT THE FUNCTIONING
OF THE GRACENOTE SOFTWARE OR
GRACENOTE SERVERS WILL BE
UNINTERRUPTED. GRACENOTE IS NOT
OBLIGATED TO PROVIDE YOU WITH ANY
ENHANCED OR ADDITIONAL DATA TYPES
THAT GRACENOTE MAY CHOOSE TO
PROVIDE IN THE FUTURE AND IS FREE TO
DISCONTINUE ITS ONLINE SERVICES AT
ANY TIME. GRACENOTE DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. NEITHER
GRACENOTE WARRANTS THE RESULTS
THAT WILL BE OBTAINED BY YOUR USE
OF THE GRACENOTE SOFTWARE OR ANY
GRACENOTE SERVER. IN NO CASE WILL
GRACENOTE BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS OR
LOST REVENUES FOR ANY REASON
WHATSOEVER. © Gracenote 2007.
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of the FCC
Rules and with RSS-210 of Industry Canada.
Operation is subject to the following two
conditions:
(1) This device may not cause harmful
interference, and
(2)
this device must accept any interference
received, including interference that may
cause undesired operation. WARNING
Changes or modifications not expressly
approved by the party responsible for
compliance could void the user's authority
to operate the equipment. The term "IC"
before the radio certification number only
signifies that Industry Canada technical
specifications were met. The antenna used for this transmitter must
not be co-located or operating in conjunction
with any other antenna or transmitter.SUNA TRAFFIC CHANNEL – TERMS AND
CONDITIONS
By activating, using and/or accessing the
SUNA Traffic Channel, SUNA Predictive or
other content or material provided by
Intelematics (together,
SUNA Products
and/or Services), you must accept certain
terms and conditions. The following is a brief
summary of the terms and conditions that
apply to you. To view the full terms and
conditions relevant to your use of the SUNA
Products and/or Services, please consult: Website
www.sunatraffic.com.au/termsandcondi- tions/
1. Acceptance
By using SUNA Products and/or Services,
you will be deemed to have accepted and
agreed to be bound by the terms and
conditions fully detailed at:
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Website
www.sunatraffic.com.au/termsandcondi- tions/
2. Intellectual Property
SUNA Products and/or Services are for your
personal use. You may not record, or
retransmit the content, nor use the content
in association with any other traffic
information or route guidance service or
device not approved by Intelematics. You
obtain no right of ownership in any
Intellectual Property Rights (including
copyright) in the data that is used to provide
SUNA Products and/or Services.
3. Appropriate Use SUNA Products and/or Services are intended
as an aid to personal motoring and travel
planning, and do not provide comprehensive
or accurate information on all occasions. On
occasions, you may experience additional
delay as a result of using SUNA Products
and/or Services. You acknowledge that it is
not intended, or suitable, for use in
applications where time of arrival or driving
directions may impact the safety of the public
or yourself.
4. Use of SUNA Products and Services
while driving
You, and other authorised drivers of the
vehicle in which SUNA Products and/or
Services are available or installed and active,
remain at all times responsible for observing
all relevant laws and codes of safe driving.
In particular, you agree to only actively
operate SUNA Products and/or Services
when the Vehicle is at a complete stop and
it is safe to do so.
5. Service Continuity and Reception of the
SUNA Traffic ChannelWe will use reasonable endeavours to
provide the SUNA Traffic Channel 24 hours
a day, 365 days a year. The SUNA Traffic
Channel may occasionally be unavailable for
technical reasons or for planned
maintenance. We will try to perform
maintenance at times when congestion is
light. We reserve the right to withdraw SUNA
Products and/or Services at any time.
Also, we cannot assure the uninterrupted
reception of the SUNA Traffic Channel
RDS-TMC signal at any particular location.
6. Limitation of Liability
Neither Intelematics (nor its suppliers or the
manufacturer of your device (the
“Suppliers”)) shall be liable to you or to any
third party for any damages either direct,
indirect, incidental, consequential or
otherwise arising out of the use of or inability
to use SUNA Products and/or Services even
if Intelematics or a Supplier has been advised
of the possibility of such damages. You also
acknowledge that the neither Intelematics
nor any Supplier guarantees nor make any
warranties that relate to the availability,
accuracy or completeness of SUNA Products
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