2018 FORD E-350 service

•
SOFTWARE Transfer: You may
permanently transfer your rights under
this EULA only as part of a sale or
transfer of the DEVICE, 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
or MS may terminate this EULA if you
fail to comply with the terms and
conditions of this EULA.
• Security Updates/Digital Rights
Management:
Content owners use
the WMDRM technology included in
your DEVICE to protect their
intellectual property, included
copyrighted content. Portions of the
SOFTWARE on your DEVICE use
WMDRM software to access
WMDRM-protected content. If the
WMDRM software fails to protect the
content, content owners may ask
Microsoft to revoke the SOFTWARE's
ability to use WMDRM to play or copy
protected content. This action does
not affect unprotected content. When
your DEVICE downloads licenses for
protected content, you agree that
Microsoft may include a revocation list
with the licenses. Content owners may
require you to upgrade the SOFTWARE
on your DEVICE to access their content.
If you decline an upgrade, you will not
be able to access content that requires
the upgrade. •
Consent to Use of Data:
You agree
that MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and systems suppliers, their
affiliates and/or their designated agent
may collect and use technical
information gathered in any manner as
part of product support services related
to the SOFTWARE or related services.
MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and services suppliers, their
affiliates and/or their designated agent
may use this information solely to
improve their products or to provide
customized services or technologies to
you. MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and systems suppliers, their
affiliates and/or their designated agent
may disclose this information to others,
but not in a form that personally
identifies you.
• 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 MS,
Microsoft Corporation, FORD MOTOR
COMPANY, third party software and
service suppliers, their affiliates and/or
their 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 DEVICE.
• Additional Software/Services: The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, MS, Microsoft
Corporation, their affiliates and/or their
designated agent to provide or make
available to you SOFTWARE updates,
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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").
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.
If MS, Microsoft Corporation, their affiliates
and/or their designated agent make
available Supplemental Components, and
no other EULA terms are provided, then
the terms of this EULA shall apply, except
that the MS, Microsoft Corporation or
affiliate entity providing the Supplemental
Component(s) shall be the licensor of the
Supplemental Component(s).
FORD MOTOR COMPANY, MS, Microsoft
Corporation, their affiliates and/or their
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. •
Links to Third Party Sites: The MS
SOFTWARE may provide you with the
ability to link to third party sites through
the use of the SOFTWARE. The third
party sites are not under the control of
MS, Microsoft Corporation, their
affiliates and/or their designated
agent. Neither MS nor Microsoft
Corporation nor their affiliates nor their
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
MS, Microsoft Corporation, their
affiliates and/or their 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
DEVICE operating instructions
particularly as they pertain to safety
and assumes any risk associated with
the use of the DEVICE.
UPGRADES AND RECOVERY MEDIA:
If the SOFTWARE is provided by FORD
MOTOR COMPANY separate from the
DEVICE 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 DEVICE 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.
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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 MS, Microsoft
Corporation, FORD MOTOR COMPANY, or
their 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. All rights not
specifically granted under this EULA are
reserved by MS, Microsoft Corporation,
FORD MOTOR COMPANY, third party
software and service providers, their
affiliates 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.
EXPORT RESTRICTIONS: You
acknowledge that the SOFTWARE is
subject to U.S. and European Union export
jurisdiction. You agree to comply with all
applicable international and national laws
that apply to the SOFTWARE, including
the U.S. Export Administration Regulations,
as well as end-user, end-use and
destination restrictions issued by U.S. and
other governments. For additional
information, see: Website
http://www.microsoft.com/exporting/
TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, MS, Microsoft
Corporation, third party software or service
providers, their affiliates or suppliers.
PRODUCT SUPPORT:
Product support
for the SOFTWARE is not provided by MS,
its parent corporation Microsoft
Corporation, or their affiliates or
subsidiaries. For product support, please
refer to FORD MOTOR COMPANY
instructions provided in the documentation
for the DEVICE. Should you have any
questions concerning this EULA, or if you
desire to contact FORD MOTOR
COMPANY for any other reason, please
refer to the address provided in the
documentation for the DEVICE.
No Liability for Certain Damages:
EXCEPT AS PROHIBITED BY LAW, FORD
MOTOR COMPANY, ANY THIRD PARTY
SOFTWARE OR SERVICES SUPPLIERS,
MS, MICROSOFT CORPORATION AND
THEIR AFFILIATES SHALL HAVE NO
LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL MS,
MICROSOFT CORPORATION AND/OR
THEIR AFFILIATES BE LIABLE FOR ANY
AMOUNT IN EXCESS OF U.S. TWO
HUNDRED FIFTY DOLLARS (U.S.
$250.00).
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Volume Setting: Do not raise the volume
excessively. Keep the volume at a level
where you can still hear outside traffic and
emergency signals while driving. Driving
while unable to hear these sounds could
cause an accident.
Use of Speech Recognition Functions:
Speech recognition software is inherently
a statistical process which is subject to
errors. It is your responsibility to monitor
any speech recognition functions included
in the system and address any errors.
Navigation Features: Any navigation
features included in the system are
intended to provide turn by turn
instructions to get you to a desired
destination. Please make certain all
persons using this system carefully read
and follow instructions and safety
information fully.
Distraction Hazard:
Any navigation
features may require manual (non-verbal)
setup. Attempting to perform such set-up
or insert data while driving can seriously
distract your attention and could cause an
accident or other serious consequences.
Stop the vehicle in a safe and legal manner
before attempting these operations.
Let Your Judgment Prevail:
Any
navigation features are provided only as
an aid. Make your driving decisions based
on your observations of local conditions
and existing traffic regulations. Any such
feature is not a substitute for your personal
judgment. Any route suggestions made by
this system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices. Route Safety:
Do not follow the route
suggestions if doing so would result in an
unsafe or illegal maneuver, if you would be
placed in an unsafe situation, or if you
would be directed into an area that you
consider unsafe. The driver is ultimately
responsible for the safe operation of the
vehicle and therefore, must evaluate
whether it is safe to follow the suggested
directions.
Potential Map Inaccuracy:
Maps used
by this system may be inaccurate because
of changes in roads, traffic controls or
driving conditions. Always use good
judgment and common sense when
following the suggested routes.
Emergency Services:
Do not rely on any
navigation features included in the system
to route you to emergency services. Ask
local authorities or an emergency services
operator for these locations. Not all
emergency services such as police, fire
stations, hospitals and clinics are likely to
be contained in the map database for such
navigation features.
Telenav Software End User License
Agreement
Please read these terms and conditions
carefully before you use the Telenav
Software. Your use of the Telenav
Software indicates that you accept these
terms and conditions. If you do not accept
these terms and conditions, do not break
the seal of the package, launch, or
otherwise use the Telenav Software.
These terms and conditions represent the
agreement (“ Agreement”) between you
and Telenav, Inc. (“Telenav ”) with respect
to the Telenav Software (including
upgrades, modifications, or additions
thereto) (collectively “Telenav Software”).
All references herein to “you” and “your ”
means you, your employees, agents, and
contractors, and any other entity on whose
behalf you accept these terms and
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conditions, all of whom shall also be bound
by this Agreement. Additionally, all of your
account information, as well as other
payment and personal information
provided by you to Telenav (directly or
through the use of the Telenav Software,
is subject to Telenav
’s privacy policy
located at http://www.telenav.com.
Telenav may revise this Agreement and
the privacy policy at any time, with or
without notice to you. You agree to visit
http://www.telenav.com from time to time
to review the then current version of this
Agreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attention
to the Telenav Software may pose a risk
of injury or death to you and others in
situations that otherwise require your
undivided attention, and you therefore
agree to comply with the following when
using the Telenav Software: (a) observe
all traffic laws and otherwise drive safely;
(b) use your own personal judgment while
driving. If you feel that a route suggested
by the Telenav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions; (c)
do not input destinations, or otherwise
manipulate the Telenav Software, unless
your vehicle is stationary and parked; (d)
do not use the Telenav Software for any
illegal, unauthorized, unintended, unsafe,
hazardous, or unlawful purposes, or in any
manner inconsistent with this Agreement;
(e) arrange all GPS and wireless devices
and cables necessary for use of the
Telenav Software in a secure manner in
your vehicle so that they will not interfere
with your driving and will not prevent the
operation of any safety device (such as an
airbag). You agree to indemnify and hold Telenav
harmless against all claims resulting from
any dangerous or otherwise inappropriate
use of the Telenav Software in any moving
vehicle, including as a result of your failure
to comply with the directions above.
2. Account Information
You agree: (a) when registering the
Telenav Software, to provide Telenav with
true, accurate, current, and complete
information about yourself, and (b) to
inform Telenav promptly of any changes
to such information, and to keep it true,
accurate, current and complete.
3. Software License
Subject to your compliance with the terms
of this Agreement, Telenav hereby grants
to you a personal, non-exclusive,
non-transferable license (except as
expressly permitted below in connection
with your permanent transfer of the
Telenav Software license), without the
right to sublicense, to use the Telenav
Software (in object code form only) in
order to access and use the Telenav
Software. This license shall terminate upon
any termination or expiration of this
Agreement. You agree that you will use the
Telenav Software only for your personal
business or leisure purposes, and not to
provide commercial navigation services to
other parties.
3.1 License Limitations
You agree not to do any of the following:
(a) reverse engineer, decompile,
disassemble, translate, modify, alter or
otherwise change the Telenav Software
or any part thereof; (b) attempt to derive
the source code, audio library or structure
of the Telenav Software without the prior
express written consent of Telenav; (c)
remove from the Telenav Software, or
alter, any of Telenav
’s or its suppliers’
trademarks, trade names, logos, patent or
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Notices by posting them on Telenav
’s
Website or by downloading such Notices
to your wireless device. If you desire to
withdraw your consent to receive Notices
electronically, you must discontinue your
use of the Telenav Software.
8.4
Telenav ’s or your failure to require
performance of any provision shall not
affect that party ’s right to require
performance at any time thereafter, nor
shall a waiver of any breach or default of
this Agreement constitute a waiver of any
subsequent breach or default or a waiver
of the provision itself.
8.5
If any provision herein is held
unenforceable, then such provision will be
modified to reflect the intention of the
parties, and the remaining provisions of
this Agreement will remain in full force and
effect.
8.6
The headings in this Agreement are for
convenience of reference only, will not be
deemed to be a part of this Agreement,
and will not be referred to in connection
with the construction or interpretation of
this Agreement. As used in this Agreement,
the words “include ” and “including, ” and
variations thereof, will not be deemed to
be terms of limitation, but rather will be
deemed to be followed by the words
“ without limitation. ”
9. Other Vendors Terms and Conditions
The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement includes
end-user terms applicable to these
companies (included at the end of this Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav
’s third
party vendor licensors:
9.1 End User Terms Required by HERE
North America, LLC
The data (“Data ”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and Telenav (“Telenav ”) and
its licensors (including their licensors and
suppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada.
HERE holds a non-exclusive license from
the United States Postal Service® to
publish and sell ZIP+4® information.
©United States Postal Service® 2014.
Prices are not established, controlled or
approved by the United States Postal
Service®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and
ZIP+4.
The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.
TERMS AND CONDITIONS
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9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data
”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and NAV2 (Shanghai) Co.,
Ltd (“NAV2”) and its licensors (including
their licensors and suppliers) on the other
hand.
© 20xx. All rights reserved.
Permitted Use.
You agree to use this Data together with
the Telenav Software solely for the internal
business and personal 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 agree not to otherwise
reproduce, copy, modify, decompile,
disassemble, create any derivative works
of, 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 Telenav, and without
limiting the preceding paragraph, you may
not use this Data (a) 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
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs.
Warning.
The Data may contain inaccurate or
incomplete information due to the passage
of time, changing circumstances, sources
used and the nature of collecting
comprehensive geographic data, any of
which may lead to incorrect results.
No Warranty.
This Data is provided to you
“as is, ” and
you agree to use it at your own risk. Telenav
and its licensors (and their licensors and
suppliers) make no guarantees,
representations or warranties of any kind,
express or implied, arising by law or
otherwise, including but not limited to,
content, quality, accuracy, completeness,
effectiveness, reliability, fitness for a
particular purpose, usefulness, use or
results to be obtained from this Data, or
that the Data or server will be
uninterrupted or error-free.
Disclaimer of Warranty:
TELENAV AND ITS LICENSORS
(INCLUDING THEIR LICENSORS AND
SUPPLIERS) DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States,
Territories and Countries do not allow
certain warranty exclusions, so to that
extent the above exclusion may not apply
to you.
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NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425
West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as
defined in FAR 2.101 and is subject to
these End-User Terms under which this Data was provided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federal
government agency, or any federal official
refuses to use the legend provided herein,
the Contracting Officer, federal
government agency, or any federal official
must notify HERE prior to seeking
additional or alternative rights in the Data. I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing
Data for the United States shall contain
the following notices: “HERE holds a non-exclusive license
from the United States Postal
Service® to publish and sell ZIP+4®
information. ”
“©United States Postal Service®
20XX. Prices are not established,
controlled or approved by the United
States Postal Service®. The following
trademarks and registrations are
owned by the USPS: United States
Postal Service, USPS, and ZIP+4. ”B. Canada Data. The following provi-
sions apply to the Data for Canada,
which may include or reflect data from
third party licensors (“Third Party
Data
”), including Her Majesty the Queen
in Right of Canada (“Her Majesty ”),
Canada Post Corporation (“Canada
Post”) and the Department of Natural
Resources of Canada (“NRCan ”):
1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions: a. Disclaimer: The Third Party Data
is licensed on an “as is” basis. The
licensors of such data, including Her
Majesty, Canada Post and NRCan,
make no guarantees, representa-
tions or warranties respecting such
data, either express or implied,
arising by law or otherwise, including
but not limited to, effectiveness,
completeness, accuracy or fitness
for a particular purpose.
b. Limitation on Liability: The Third
Party Data licensors, including Her
Majesty, Canada Post and NRCan,
shall not be liable: (i) in respect of
any claim, demand or action, irre-
spective 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 such
Data; or (ii) in any way for loss of
revenues or contracts, or any other
consequential loss of any kind
resulting from any defect in the
Data.
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