2018 FORD E SERIES service

•SOFTWARE Transfer: You maypermanently transfer your rights underthis EULA only as part of a sale ortransfer of the DEVICE, 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 COMPANYor MS may terminate this EULA if youfail to comply with the terms andconditions of this EULA.
•Security Updates/Digital RightsManagement: Content owners usethe WMDRM technology included inyour DEVICE to protect theirintellectual property, includedcopyrighted content. Portions of theSOFTWARE on your DEVICE useWMDRM software to accessWMDRM-protected content. If theWMDRM software fails to protect thecontent, content owners may askMicrosoft to revoke the SOFTWARE'sability to use WMDRM to play or copyprotected content. This action doesnot affect unprotected content. Whenyour DEVICE downloads licenses forprotected content, you agree thatMicrosoft may include a revocation listwith the licenses. Content owners mayrequire you to upgrade the SOFTWAREon your DEVICE to access their content.If you decline an upgrade, you will notbe able to access content that requiresthe upgrade.
•Consent to Use of Data: You agreethat MS, Microsoft Corporation, FORDMOTOR COMPANY, third partysoftware and systems suppliers, theiraffiliates and/or their designated agentmay collect and use technicalinformation gathered in any manner aspart of product support services relatedto the SOFTWARE or related services.MS, Microsoft Corporation, FORDMOTOR COMPANY, third partysoftware and services suppliers, theiraffiliates and/or their designated agentmay use this information solely toimprove their products or to providecustomized services or technologies toyou. MS, Microsoft Corporation, FORDMOTOR COMPANY, third partysoftware and systems suppliers, theiraffiliates and/or their designated agentmay disclose this information to others,but not in a form that personallyidentifies you.
•Internet-Based ServicesComponents: The SOFTWARE maycontain components that enable andfacilitate the use of certainInternet-based services. Youacknowledge and agree that MS,Microsoft Corporation, FORD MOTORCOMPANY, third party software andservice suppliers, their affiliates and/ortheir designated agent mayautomatically check the version of theSOFTWARE and/or its componentsthat you are utilizing and may provideupgrades or supplements to theSOFTWARE that may be automaticallydownloaded to your DEVICE.
•Additional Software/Services: TheSOFTWARE may permit FORD MOTORCOMPANY, third party software andservice suppliers, MS, MicrosoftCorporation, their affiliates and/or theirdesignated agent to provide or makeavailable to you SOFTWARE updates,
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supplements, add-on components, orInternet-based services componentsof the SOFTWARE after the date youobtain your initial copy of theSOFTWARE ("SupplementalComponents").
If FORD MOTOR COMPANY or third partysoftware and services suppliers provide ormake available to you SupplementalComponents and no other EULA terms areprovided along with the SupplementalComponents, then the terms of this EULAshall apply.
If MS, Microsoft Corporation, their affiliatesand/or their designated agent makeavailable Supplemental Components, andno other EULA terms are provided, thenthe terms of this EULA shall apply, exceptthat the MS, Microsoft Corporation oraffiliate entity providing the SupplementalComponent(s) shall be the licensor of theSupplemental Component(s).
FORD MOTOR COMPANY, MS, MicrosoftCorporation, their affiliates and/or theirdesignated agent reserve the right todiscontinue without liability anyInternet-based services provided to you ormade available to you through the use ofthe SOFTWARE.
•Links to Third Party Sites: The MSSOFTWARE may provide you with theability to link to third party sites throughthe use of the SOFTWARE. The thirdparty sites are not under the control ofMS, Microsoft Corporation, theiraffiliates and/or their designatedagent. Neither MS nor MicrosoftCorporation nor their affiliates nor theirdesignated 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 byMS, Microsoft Corporation, theiraffiliates and/or their designatedagent.
•Obligation to Drive Responsibly:You recognize your obligation to driveresponsibly and keep attention on theroad. You will read and abide with theDEVICE operating instructionsparticularly as they pertain to safetyand assumes any risk associated withthe use of the DEVICE.
UPGRADES AND RECOVERY MEDIA:If the SOFTWARE is provided by FORDMOTOR COMPANY separate from theDEVICE on media such as a ROM chip, CDROM disk(s) or via web download or othermeans, and is labeled "For UpgradePurposes Only" or "For Recovery PurposesOnly" you may install one (1) copy of suchSOFTWARE onto the DEVICE as areplacement copy for the existingSOFTWARE, and use it in accordance withthis EULA, including any additional EULAterms accompanying the upgradeSOFTWARE.
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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 MS, MicrosoftCorporation, FORD MOTOR COMPANY, ortheir 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. All rights notspecifically granted under this EULA arereserved by MS, Microsoft Corporation,FORD MOTOR COMPANY, third partysoftware and service providers, theiraffiliates 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. For additionalinformation, see:
Website
http://www.microsoft.com/exporting/
TRADEMARKS: This EULA does not grantyou any rights in connection with anytrademarks or service marks of FORDMOTOR COMPANY, MS, MicrosoftCorporation, third party software or serviceproviders, their affiliates or suppliers.
PRODUCT SUPPORT: Product supportfor the SOFTWARE is not provided by MS,its parent corporation MicrosoftCorporation, or their affiliates orsubsidiaries. For product support, pleaserefer to FORD MOTOR COMPANYinstructions provided in the documentationfor the DEVICE. Should you have anyquestions concerning this EULA, or if youdesire to contact FORD MOTORCOMPANY for any other reason, pleaserefer to the address provided in thedocumentation for the DEVICE.
No Liability for Certain Damages:EXCEPT AS PROHIBITED BY LAW, FORDMOTOR COMPANY, ANY THIRD PARTYSOFTWARE OR SERVICES SUPPLIERS,MS, MICROSOFT CORPORATION ANDTHEIR 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. IN NO EVENT SHALL MS,MICROSOFT CORPORATION AND/ORTHEIR AFFILIATES BE LIABLE FOR ANYAMOUNT IN EXCESS OF U.S. TWOHUNDRED FIFTY DOLLARS (U.S.$250.00).
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Volume Setting: Do not raise the volumeexcessively. Keep the volume at a levelwhere you can still hear outside traffic andemergency signals while driving. Drivingwhile unable to hear these sounds couldcause an accident.
Use of Speech Recognition Functions:Speech recognition software is inherentlya statistical process which is subject toerrors. It is your responsibility to monitorany speech recognition functions includedin the system and address any errors.
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 carefully readand follow instructions and safetyinformation fully.
Distraction Hazard: Any navigationfeatures may require manual (non-verbal)setup. Attempting to perform such set-upor insert data while driving can seriouslydistract your attention and could cause anaccident or other serious consequences.Stop the vehicle in a safe and legal mannerbefore attempting these operations.
Let Your Judgment Prevail: Anynavigation features are provided only asan aid. Make your driving decisions basedon your observations of local conditionsand existing traffic regulations. Any suchfeature is not a substitute for your personaljudgment. Any route suggestions made bythis system 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 in anunsafe or illegal maneuver, if you would beplaced in an unsafe situation, or if youwould be directed into an area that youconsider unsafe. The driver is ultimatelyresponsible for the safe operation of thevehicle and therefore, must evaluatewhether it is safe to follow the suggesteddirections.
Potential Map Inaccuracy: Maps usedby this system may be inaccurate becauseof changes in roads, traffic controls ordriving conditions. Always use goodjudgment and common sense whenfollowing the suggested routes.
Emergency Services: Do not rely on anynavigation features included in the systemto route you to emergency services. Asklocal authorities or an emergency servicesoperator for these locations. Not allemergency services such as police, firestations, hospitals and clinics are likely tobe contained in the map database for suchnavigation features.
Telenav Software End User LicenseAgreement
Please read these terms and conditionscarefully before you use the TelenavSoftware. Your use of the TelenavSoftware indicates that you accept theseterms and conditions. If you do not acceptthese terms and conditions, do not breakthe seal of the package, launch, orotherwise use the Telenav Software.
These terms and conditions represent theagreement (“Agreement”) between youand Telenav, Inc. (“Telenav”) with respectto the Telenav Software (includingupgrades, modifications, or additionsthereto) (collectively “Telenav Software”).All references herein to “you” and “your”means you, your employees, agents, andcontractors, and any other entity on whosebehalf you accept these terms and
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conditions, all of whom shall also be boundby this Agreement. Additionally, all of youraccount information, as well as otherpayment and personal informationprovided by you to Telenav (directly orthrough the use of the Telenav Software,is subject to Telenav’s privacy policylocated at http://www.telenav.com.
Telenav may revise this Agreement andthe privacy policy at any time, with orwithout notice to you. You agree to visithttp://www.telenav.com from time to timeto review the then current version of thisAgreement and of the privacy policy.
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) observeall traffic laws and otherwise drive 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 for anyillegal, unauthorized, unintended, unsafe,hazardous, or unlawful purposes, or in anymanner inconsistent with this Agreement;(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 the termsof this Agreement, Telenav hereby grantsto you a personal, non-exclusive,non-transferable license (except asexpressly permitted below in connectionwith your permanent transfer of theTelenav Software license), without theright to sublicense, to use the TelenavSoftware (in object code form only) inorder to access and use the TelenavSoftware. This license shall terminate uponany termination or expiration of thisAgreement. You agree that you will use theTelenav Software only for your personalbusiness or leisure purposes, and not toprovide commercial navigation services toother parties.
3.1 License Limitations
You agree not to do any of the following:(a) reverse engineer, decompile,disassemble, translate, modify, alter orotherwise change the Telenav Softwareor any part thereof; (b) attempt to derivethe source code, audio library or structureof the Telenav Software without the priorexpress written consent of Telenav; (c)remove from the Telenav Software, oralter, any of Telenav’s or its suppliers’trademarks, trade names, logos, patent or
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Notices by posting them on Telenav’sWebsite or by downloading such Noticesto your wireless device. If you desire towithdraw your consent to receive Noticeselectronically, you must discontinue youruse of the Telenav Software.
8.4
Telenav’s or your failure to requireperformance of any provision shall notaffect that party’s right to requireperformance at any time thereafter, norshall a waiver of any breach or default ofthis Agreement constitute a waiver of anysubsequent breach or default or a waiverof the provision itself.
8.5
If any provision herein is heldunenforceable, then such provision will bemodified to reflect the intention of theparties, and the remaining provisions ofthis Agreement will remain in full force andeffect.
8.6
The headings in this Agreement are forconvenience of reference only, will not bedeemed to be a part of this Agreement,and will not be referred to in connectionwith the construction or interpretation ofthis Agreement. As used in this Agreement,the words “include” and “including,” andvariations thereof, will not be deemed tobe terms of limitation, but rather will bedeemed to be followed by the words“without limitation.”
9. Other Vendors Terms and Conditions
The Telenav Software utilizes map andother data licensed to Telenav by thirdparty vendors for the benefit of you andother end users. This Agreement includesend-user terms applicable to thesecompanies (included at the end of this
Agreement), and thus your use of theTelenav Software is also subject to suchterms. You agree to comply with thefollowing additional terms and conditions,which are applicable to Telenav’s thirdparty vendor licensors:
9.1 End User Terms Required by HERENorth America, LLC
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 Telenav (“Telenav”) andits licensors (including their licensors andsuppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includesinformation taken with permission fromCanadian authorities, including: © HerMajesty the Queen in Right of Canada, ©Queen's Printer for Ontario, © Canada PostCorporation, GeoBase®, © Department ofNatural Resources Canada.
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
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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.
Permitted Use.
You agree to use this Data together withthe Telenav Software solely for the internalbusiness and personal purposes for whichyou were licensed, and not for servicebureau, time-sharing or other similarpurposes. Accordingly, but subject to therestrictions set forth in the followingparagraphs, you agree not to otherwisereproduce, copy, modify, decompile,disassemble, create any derivative worksof, or reverse engineer any portion of thisData, and may not transfer or distribute itin any form, for any purpose, except to theextent permitted by mandatory laws.
Restrictions.
Except where you have been specificallylicensed to do so by Telenav, and withoutlimiting the preceding paragraph, you maynot use this Data (a) 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 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 contain inaccurate orincomplete information due to the passageof time, changing circumstances, sourcesused and the nature of collectingcomprehensive geographic data, any ofwhich may lead to incorrect results.
No Warranty.
This Data is provided to you “as is,” andyou agree to use it at your own risk. Telenavand its licensors (and their licensors andsuppliers) make no guarantees,representations or warranties of any kind,express or implied, arising by law orotherwise, including but not limited to,content, quality, accuracy, completeness,effectiveness, reliability, fitness for aparticular purpose, usefulness, use orresults to be obtained from this Data, orthat the Data or server will beuninterrupted or error-free.
Disclaimer of Warranty:
TELENAV AND ITS LICENSORS(INCLUDING THEIR LICENSORS ANDSUPPLIERS) DISCLAIM ANYWARRANTIES, EXPRESS OR IMPLIED, OFQUALITY, 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.
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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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