2018 FORD FOCUS service

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 asubstitute 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.
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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.
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
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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.
Binding Arbitration and Class ActionWaiver
(a) Application. This Section applies toany dispute EXCEPT IT DOES NOTINCLUDE A DISPUTE RELATING TOCOPYRIGHT INFRINGEMENT, OR TO THEENFORCEMENT OR VALIDITY OF YOUR,FORD MOTOR COMPANY, OR ANY OFFORD MOTOR COMPANY’S LICENSORS’INTELLECTUAL PROPERTY RIGHTS.Dispute means any dispute, action, or othercontroversy between You and FORDMOTOR COMPANY, other than theexceptions listed above, concerning theSOFTWARE (including its price) or thisEULA, whether in contract, warranty, tort,statute, regulation, ordinance, or any otherlegal or equitable basis.
(b) Notice of Dispute. In the event of aDispute, You or FORD MOTOR COMPANYmust give the other a “Notice of Dispute”,which is a written statement of the name,address, and contact information of theparty giving it, the facts giving rise to thedispute, and the relief requested. You andFORD MOTOR COMPANY will attempt toresolve any dispute through informalnegotiation within 60 days from the datethe Notice of Dispute is sent. After 60 days,You or FORD MOTOR COMPANY maycommence arbitration.
(c) Small claims court. You may alsolitigate any dispute in small claims courtin your county of residence or FORDMOTOR COMPANY’S principal place ofbusiness, if the dispute meets allrequirements to be heard in the smallclaims court. You may litigate in smallclaims court whether or not Younegotiated informally first.
(d) Binding arbitration. If You and FORDMOTOR COMPANY, do not resolve anydispute by informal negotiation or in smallclaims court, any other effort to resolvethe dispute will be conducted exclusivelyby binding arbitration. You are giving up
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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,
ii. violates any law, statute, ordinance orregulation, including but not limited to lawsand regulations related to spamming,privacy, consumer and child protection,obscenity or defamation, or
iii. is harmful, threatening, abusive,harassing, tortuous, defamatory, vulgar,obscene, libelous, or otherwiseobjectionable; and (f) lease, rent out, orotherwise permit unauthorized access bythird parties to the TeleNav Softwarewithout advanced written permission ofTeleNav.
4. Disclaimers
•To the fullest extent permissiblepursuant to applicable law, in no eventwill TeleNav, its licensors and suppliers,or agents or employees of any of theforegoing, be liable for any decisionmade or action taken by you or anyoneelse in reliance on the informationprovided by the TeleNav Software.TeleNav also does not warrant theaccuracy of the map or other data usedfor the TeleNav Software. Such datamay not always reflect reality due to,among other things, road closures,construction, weather, new roads andother changing conditions. You areresponsible for the entire risk arisingout of your use of the TeleNavSoftware. For example but withoutlimitation, you agree not to rely on theTeleNav Software for criticalnavigation in areas where thewell-being or survival of you or others
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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 Agreementincludes end-user terms applicable tothese companies (included at the endof this Agreement), and thus your useof the Telenav Software is also subjectto such terms. You agree to complywith the following additional terms andconditions, which are applicable toTelenav’s third party 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.
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
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.
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export laws, rules or regulations prohibitHERE from complying with any of itsobligations hereunder to deliver ordistribute Data, such failure shall beexcused and shall not constitute a breachof this Agreement.
Entire Agreement. These terms andconditions constitute the entire agreementbetween Telenav (and its licensors,including their licensors and suppliers) andyou pertaining to the subject matter hereof,and supersedes in their entirety any andall written or oral agreements previouslyexisting between us with respect to suchsubject matter.
Governing Law. The above terms andconditions shall be governed by the lawsof the State of Illinois [insert “Netherlands”where European HERE Data is used],without giving effect to (i) its conflict oflaws provisions, or (ii) the United NationsConvention for Contracts for theInternational Sale of Goods, which isexplicitly excluded. You agree to submit tothe jurisdiction of the State of Illinois[insert “The Netherlands” where EuropeanHERE Data is used] for any and alldisputes, claims and actions arising fromor in connection with the Data provided toyou hereunder.
Government End Users. If the Data isbeing acquired by or on behalf of theUnited States government or any otherentity seeking or applying rights similar tothose customarily claimed by the UnitedStates government, this Data is a“commercial item” as that term is definedat 48 C.F.R. (“FAR”) 2.101, is licensed inaccordance with these End-User Terms,and each copy of Data delivered orotherwise furnished shall be marked andembedded as appropriate with thefollowing “Notice of Use,” and shall betreated in accordance with such Notice:
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.”
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A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeCountry
“© Royal JordanianGeographic Centre”. Theforegoing notice requirementfor Jordan Data is a materialterm of the Agreement. IfClient or any of its permitted
Jordan
sublicensees (if any) fail tomeet such requirement, HEREshall have the right toterminate Client’s licensewith respect to the JordanData.
B. Jordan Data. Client and its permittedsublicensees (if any) are restricted fromlicensing and/or otherwise distributingHERE’s database for the country ofJordan (“Jordan Data”) for use in Enter-prise Applications to (i) non-Jordanianentities for use of the Jordan Data solelyin Jordan or (ii) Jordan-based customers.In addition, Client, its permitted subli-censees (if any) and End-Users arerestricted from using the Jordan Data inEnterprise Applications if such party is(i) a non-Jordanian entity using theJordan Data solely in Jordan or (ii) aJordan-based customer. For purposesof the foregoing,“Enterprise Applica-tions” shall mean Geomarketing applic-ations, GIS applications, mobile businessasset management applications, callcenter applications, telematics applica-tions, public organization Internetapplications or for providing geocodingservices.
V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable toTraffic Codes. Client acknowledgesand agrees that in certain countries ofthe Europe Territory, Client will needto obtain rights directly from thirdparty RDS-TMC code providers toreceive and use the Traffic Codes inthe Data and to deliver to End-UsersTransactions in any way derived fromor based on such Traffic Codes. Forsuch countries, HERE shall deliver theData incorporating Traffic Codes toClient only after receiving certificationfrom Client of its having obtained suchrights.
2. Display of Third Party RightsLegends for Belgium. Client shall, foreach Transaction that uses TrafficCodes for Belgium, provide thefollowing notice to the End-User:“Traffic Codes for Belgium areprovided by the Ministerie van deVlaamse Gemeenschap and theMinistèrie de l’Equipement et desTransports.”
B. Paper Maps. With respect to anylicense granted to Client relating tomaking, selling or distributing papermaps (i.e., a map fixed on a paper orpaper-like medium): (a) such licensewith respect to Data for the Territory ofGreat Britain is conditioned on Client’sentering into and complying with aseparate written agreement with theOrdnance Survey (“OS”) to create andsell paper maps, Client’s paying to theOS any and all applicable paper maproyalties, and Client’s complying withthe OS copyright notice requirements;(b) such license for selling or otherwisedistributing for charge with respect toData for the Territory of Czech Republic
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“Información geográficapropiedad del CNIG”Spain
“Based upon electronicdata © National LandSurvey Sweden.”
Sweden
“TopografischeGrundlage: © Bundesamtfür Landestopographie.
Switzerland
E. Respective Country Distribution. Clientacknowledges that HERE has notreceived approvals to distribute mapdata for the following countries in suchrespective countries: Albania, Belarus,Kyrgyzstan, Moldova and Uzbekistan.HERE may update such list from time totime. The license rights granted to Clientunder this TL with respect to the Datafor such countries are contingent uponClient’s compliance with all applicablelaws and regulations, including, withoutlimitation, any required licenses orapprovals to distribute the Applicationincorporating such Data in suchrespective countries.
VI. Australia Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
Copyright. Based on data providedunder license from PSMA AustraliaLimited (www.psma.com.au).
Product incorporates data which is ©20XX Telstra Corporation Limited, GMHolden Limited, Intelematics AustraliaPty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. Inaddition to the foregoing, the End-UserTerms for any Application containingRDS-TMC Traffic Codes for Australiashall contain the following notice:“Product incorporates traffic locationcodes which is © 20XX Telstra Corpora-tion Limited and its licensors.”
AT&T Vehicle Network CarrierTelematics Disclosure
END USER FOR PURPOSES OF THISSECTION MEANS YOU AND YOUR HEIRS,EXECUTORS, LEGAL PERSONALREPRESENTATITVES AND PERMITEDASSIGNS. FOR PURPOSES OF THISSECTION “UNDERLYING WIRELESSSERVICE CARRIER” INCLUDES ITSAFFILIATES AND CONTRACTORS ANDTHEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES, SUCCESSORSAND ASSIGNS. END USER HAS NOCONTRACTUAL RELATIONSHIP WITHTHE UNDERLYING WIRELESS SERVICECARRIER AND END USER IS NOT A THIRDPARTY BENEFICIARY OF ANYAGREEMENT BETWEEN FORD ANDUNDERLYING CARRIER. END USERUNDERSTANDS AND AGREES THAT THEUNDERLYING CARRIER HAS NO LEGAL,EQUITABLE, OR OTHER LIABILITY OF ANYKIND TO END USER. IN ANY EVENT,REGARDLESS OF THE FORM OF THEACTION, WHETHER FOR BREACH OFCONTRACT, WARRANTY, NEGLIGENCE,STRICT LIABILITY IN TORT OROTHERWISE, END USER'S EXCLUSIVEREMEDY FOR CLAIMS ARISING IN ANYWAY IN CONNECTION WITH THISAGREEMENT, FOR ANY CAUSEWHATSOEVER, INCLUDING BUT NOTLIMITED TO ANY FAILURE OR
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