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laws you are responsible to know and
follow. Even occasional short scans of the
screen may be hazardous if your attention
has been diverted away from your driving at
a critical time. Pull over and stop the vehicle
in a safe and legal manner before
attempting to access a function of the
system requiring prolonged attention. 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 result in a crash.
E. Information Collection and Storage
1. Information Collection, Use, Transmission
and Storage of Data. Consent to Use of
Data: You agree that HONDA and
PROVIDERS may collect and use your
information gathered in any manner as part
of product support services related to the
SOFTWARE or related services. HONDA may
share such information with third parties,
including, without limitation, PROVIDERS,
third party software and services suppliers,
their affiliates and/or their designated
agents, solely to improve their products or
to provide services or technologies to you. HONDA, 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.
2. Information Storage. Depending on the
type of multimedia system you have in your
VEHICLE, certain information may be stored
for ease of use of the SOFTWARE including,
without limitation, search history, location
history in certain applications, previous and
saved destinations, map locations within
certain applications, and device numbers
and contact information.
(a) Vehicle Health Information. Your
VEHICLE may remotely transmit information
regarding the status and health of your
VEHICLE (“VEHICLE INFORMATION”) to
HONDA without notification to you.
VEHICLE INFORMATION may contain
VEHICLE maintenance and malfunction
status that is derived from VEHICLE
diagnostic data and includes, but is not
limited to, status of powered doors and
windows, battery life data, battery charging
data, VEHICLE speed, coolant temperature,
air compressor revolution, output power, warning codes, diagnostic trouble codes,
fuel injection volume, and engine rotations
per minute. VEHICLE HEALTH
INFORMATION may be used by HONDA for
research and development, to deliver
HONDA SERVICES and information to you,
and to contact you, and is retained only for
a period of time necessary to fulfill these
goals.
(b) VEHICLE Geolocation Data (non-
navigation/map based). If you opt-in to
geolocation-based SERVICES, your vehicle’s
geolocation data (latitude and longitude)
will be automatically sent from your
VEHICLE to HONDA and PROVIDERS.
(c) You understand that the inputting or
uploading of information to your VEHICLE’s
multimedia system or the SOFTWARE or
SERVICES is at your own risk and that
HONDA is not responsible for unauthorized
access to or use of any personal or other
information. All information uploaded to
the SOFTWARE and SERVICES may be
stored on your VEHICLES’s multimedia
system and you understand that the security
and safety of your VEHICLE’s multimedia
system is your sole responsibility.
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permitted by law in such states. If HONDA
or PROVIDERS are found liable to you for
any reason, you agree that the aggregate
liability of all these parties to you for any
claim is limited to ten U.S. dollars (US
$10.00). Neither HONDA nor any PROVIDER
would have agreed to provide the
SOFTWARE or SERVICES to you if you did
not agree to this limitation. This amount is
the sole and exclusive liability of HONDA
and PROVIDERS to you, and is payable as
liquidated damages and not as a penalty.
Except where prohibited by law, you may
not bring any claim against HONDA or any
third-party beneficiary more than two (2)
years after the claim arises. We do not have
any liability for SOFTWARE or SERVICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS For
yourself and anyone else claiming under
you, you agree to release and discharge
HONDA, PROVIDERS, their respective
officers, directors, and employees, and each
third-party beneficiary from all claims,
liabilities and losses in connection with the
SOFTWARE or SERVICES, including, but not
limited to claims for personal injury or
property damage arising from the total or partial failure of performance of the
SOFTWARE or SERVICES, even if caused by
or based upon the negligence, gross
negligence, strict products liability,
Deceptive Trade Practices Act violations,
bad faith, or breach of warranty of us or the
malfunction of the SOFTWARE or
SOFTWARE SERVICES. YOU AGREE TO
WAIVE TO THE FULLEST EXTENT ALLOWED
BY LAW, ANY CLAIM FOR DAMAGES
OTHER THAN DIRECT, COMPENSATORY
DAMAGES AS LIMITED IN THIS
AGREEMENT. YOU HEREBY RELEASE AND
DISCHARGE HONDA AND ITS LICENSORS
AND CONTRACTORS (INCLUDING ANY
THIRD PARTIES PROVIDING ALL OR PART OF
THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES,
EXPENSES AND LIABILITY ARISING FROM
OR RELATED TO ANY INJURIES, DAMAGES,
OR LOSSES TO ANY PERSON (INCLUDING
DEATH) OR PROPERTY OF ANY KIND
RESULTING IN WHOLE OR PART, DIRECTLY
OR INDIRECTLY, FROM YOUR USE OF THE
SOFTWARE OR SERVICES.H. Survival. You agree that the limitations
of liability and indemnities in this
AGREEMENT will survive even after the
AGREEMENT has ended. These limitations
of liability apply not only to you, but to
anyone using the SOFTWARE or SERVICES
via your VEHICLE, to anyone making a claim
on your behalf, and to any claims made by
your family, employees, customers, or
others arising out of or relating to your
VEHICLE, the SOFTWARE, or SERVICES.
I. Availability/Interruption. The
SOFTWARE and certain SERVICES are made
available through your VEHICLE’s
compatible multimedia system when the
VEHICLE is turned on. Certain SERVICES
may be available only through your
compatible mobile device when it is within
the operating range of the VEHICLE and a
wireless carrier. The availability of the
SOFTWARE and SERVICES may be subject to
transmission limitation or interruption,
including limitation or but not limited to
technical obsolesce or sunsetting of the
hardware, software or firmware, inside of
or external to the Vehicle, required for data
transmission or receipt. HONDA does not
guarantee that the SOFTWARE, SERVICES,