2018 LINCOLN CONTINENTAL service

OR WRITTEN INFORMATION OR ADVICEGIVEN BY FORD MOTOR COMPANY OR ITSAUTHORIZED REPRESENTATIVE SHALLCREATE A WARRANTY. SHOULD THESOFTWARE, THIRD PARTY SOFTWARE, ORTHIRD-PARTY SERVICES PROVEDEFECTIVE, YOU ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION. SOMEJURISDICTIONS DO NOT ALLOW THEDISCLAIMER OF IMPLIED WARRANTIES ORLIMITATIONS ON APPLICABLE STATUTORYRIGHTS OF A CONSUMER, SO THE ABOVEDISCLAIMER MAY NOT FULLY APPLY TOYOU. THE SOLE WARRANTY PROVIDED BYFORD MOTOR COMPANY SHALL BE FOUNDIN THE WARRANTY INFORMATIONINCLUDING WITH YOUR OWNER GUIDE. TOTHE EXTENT THAT THERE IS ANYCONFLICT BETWEEN THE TERMS OF THISSECTION AND THE WARRANTY BOOKLET,THE WARRANTY BOOKLET SHALLCONTROL.
Applicable Law, Venue, Jurisdiction
•The laws of the State of Michigan governthis EULA and Your use of theSOFTWARE. Your use of the SOFTWAREmay also be subject to other local, state,national, or international laws. Anylitigation arising out of or related to thisEULA shall be brought and maintainedexclusively in a court of the State ofMichigan located in Wayne County or inthe United 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 Action Waiver
(a) Application. This Section applies to anydispute EXCEPT IT DOES NOT INCLUDE ADISPUTE RELATING TO COPYRIGHTINFRINGEMENT, OR TO THEENFORCEMENT OR VALIDITY OF YOUR,FORD MOTOR COMPANY, OR ANY OF
FORD MOTOR COMPANY’S LICENSORS’INTELLECTUAL PROPERTY RIGHTS. Disputemeans any dispute, action, or othercontroversy between You and FORD MOTORCOMPANY, other than the exceptions listedabove, concerning the SOFTWARE (includingits price) or this EULA, whether in contract,warranty, tort, statute, regulation, ordinance,or any other legal 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 the partygiving it, the facts giving rise to the dispute,and the relief requested. You and FORDMOTOR COMPANY will attempt to resolveany dispute through informal negotiationwithin 60 days from the date the Notice ofDispute is sent. After 60 days, You or FORDMOTOR COMPANY may commencearbitration.
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(b) use your own personal judgment whiledriving. If you feel that a route suggested bythe 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 devices andcables necessary for use of the TeleNavSoftware in a secure manner in your vehicleso that they will not interfere with yourdriving and will not prevent the operation ofany safety device (such as an airbag).
You agree to indemnify and hold TeleNavharmless against all claims resulting from anydangerous or otherwise inappropriate useof 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 the TeleNavSoftware, to provide TeleNav with true,accurate, current, and complete informationabout yourself, and (b) to inform TeleNavpromptly of any changes to such information,and to keep it true, accurate, current andcomplete.
3. Software License
•Subject to your compliance with theterms of this Agreement, TeleNav herebygrants to 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 terminateupon any termination or expiration of thisAgreement. You agree that you will usethe TeleNav Software only for yourpersonal business or leisure purposes,and not to provide commercial navigationservices to other parties.
3.1 License Limitations
•(a) reverse engineer, decompile,disassemble, translate, modify, alter orotherwise change the TeleNav Softwareor any part thereof; (b) attempt to derivethe source code, audio library orstructure of the TeleNav Software withoutthe prior express written consent ofTeleNav; (c) remove from the TeleNavSoftware, or alter, any of TeleNav's or itssuppliers' trademarks, trade names,logos, patent or copyright notices, orother notices or markings; (d) distribute,sublicense or otherwise transfer theTeleNav Software to others, except aspart of your permanent transfer of theTeleNav Software; 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 ordefamation, or
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9.1 End User Terms Required by HERENorth America, LLC
The data (“Data”) is provided for yourpersonal, internal use only and not for resale.It is protected by copyright, and is subject tothe following terms and conditions which areagreed to by you, on the one hand, andTelenav (“Telenav”) and its licensors(including their licensors and suppliers) onthe 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 from theUnited States Postal Service® to publish andsell ZIP+4® information.
©United States Postal Service® 2014. Pricesare not established, controlled or approvedby the United States Postal Service®. Thefollowing trademarks and registrations areowned by the USPS: United States PostalService, USPS, and ZIP+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 for resale.It is protected by copyright, and is subject tothe following terms and conditions which areagreed to by you, on the one hand, andNAV2 (Shanghai) Co., Ltd (“NAV2”) and itslicensors (including their licensors andsuppliers) on the other hand. 20xx. All rightsreserved
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 or othersimilar purposes. Accordingly, but subject tothe restrictions set forth in the followingparagraphs, you agree not to otherwisereproduce, 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 anyform, for any purpose, except to the extentpermitted by mandatory laws.
Restrictions. Except where you have beenspecifically licensed to do so by Telenav, andwithout limiting the preceding paragraph,you may not use this Data (a) with anyproducts, systems, or applications installedor otherwise connected to or incommunication with vehicles, capable ofvehicle navigation, positioning, dispatch, realtime route guidance, fleet management orsimilar applications; or (b) with or in
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Entire Agreement. These terms andconditions constitute the entire agreementbetween Telenav (and its licensors, includingtheir licensors and suppliers) and youpertaining to the subject matter hereof, andsupersedes in their entirety any and allwritten or oral agreements previouslyexisting between us with respect to suchsubject matter.
Governing Law. The above terms andconditions shall be governed by the laws ofthe State of Illinois [insert “Netherlands”where European HERE Data is used], withoutgiving effect to (i) its conflict of lawsprovisions, or (ii) the United NationsConvention for Contracts for the InternationalSale of Goods, which is explicitly excluded.You agree to submit to the jurisdiction of theState of Illinois [insert “The Netherlands”where European HERE Data is used] for anyand all disputes, claims and actions arisingfrom or in connection with the Data providedto you hereunder.
Government End Users. If the Data is beingacquired by or on behalf of the United Statesgovernment or any other entity seeking orapplying rights similar to those customarilyclaimed by the United States government,this Data is a “commercial item” as that termis defined at 48 C.F.R. (“FAR”) 2.101, islicensed in accordance with these End-UserTerms, and each copy of Data delivered orotherwise furnished shall be marked andembedded as appropriate with the following“Notice of Use,” and shall be treated inaccordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia, 425 WestRandolph Street, Chicago, Illinois 60606
This Data is a commercial item as definedin FAR 2.101 and is subject to these End-User Terms under which this Data wasprovided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federal governmentagency, or any federal official refuses to usethe legend provided herein, the ContractingOfficer, federal government agency, or anyfederal official must notify HERE prior toseeking additional or alternative rights in theData.
I. US/Canada Territory
A. United States Data. The End-UserTerms for any Application containing Datafor the United States shall contain thefollowing notices:
“HERE holds a non-exclusive licensefrom the United States Postal Service®to publish and sell ZIP+4® information.”
“©United States Postal Service® 20XX.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.”
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of the foregoing, “Enterprise Applications”shall mean Geomarketing applications,GIS applications, mobile business assetmanagement applications, call centerapplications, telematics applications,public organization Internet applicationsor for providing geocoding services.
V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable toTraffic Codes. Client acknowledges andagrees that in certain countries of theEurope Territory, Client will need toobtain rights directly from third partyRDS-TMC code providers to receive anduse the Traffic Codes in the Data and todeliver to End-Users Transactions in anyway derived from or based on suchTraffic Codes. For such countries, HEREshall deliver the Data incorporatingTraffic Codes to Client only afterreceiving certification from Client of itshaving obtained such rights.
2. Display of Third Party Rights Legendsfor Belgium. Client shall, for each Trans-action that uses Traffic Codes forBelgium, provide the following notice tothe End-User: “Traffic Codes for Belgiumare provided by the Ministerie van deVlaamse Gemeenschap and theMinistèrie de l’Equipement et desTransports.”
B. Paper Maps. With respect to any licensegranted to Client relating to making,selling or distributing paper maps (i.e., amap fixed on a paper or paper-likemedium): (a) such license with respect toData for the Territory of Great Britain isconditioned on Client’s entering into andcomplying with a separate written agree-ment with the Ordnance Survey (“OS”) tocreate and sell paper maps, Client’spaying to the OS any and all applicablepaper map royalties, and Client’scomplying with the OS copyright noticerequirements; (b) such license for sellingor otherwise distributing for charge withrespect to Data for the Territory of CzechRepublic is conditioned on Client’sobtaining prior written consent from
Kartografie a.s.; (c) such license for sellingor distributing with respect to Data for theTerritory of Switzerland is conditioned onClient’s obtaining a permit fromBundesamt für Landestopografie ofSwitzerland; (d) Client is restricted fromusing Data for the Territory of France tocreate paper maps with a scale between1:5,000 and 1:250,000; and (e) Client isrestricted from using any Data to create,sell or distribute paper maps that are thesame or substantially similar, in terms ofdata content and specific use of color,symbols and scale, to paper mapspublished by the European nationalmapping agencies, including withoutlimitation, Landervermessungämter ofGermany, Topografische Dienst of theNetherlands, Nationaal GeografischInstituut of Belgium, Bundesamt fürLandestopografie of Switzerland,Bundesamt für Eich-und Vermessung-swesen of Austria, and the National LandSurvey of Sweden.
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update such list from time to time. Thelicense rights granted to Client under thisTL with respect to the Data for suchcountries are contingent upon Client’scompliance with all applicable laws andregulations, including, without limitation,any required licenses or approvals todistribute the Application incorporatingsuch Data in such respective 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 used asdescribed below corresponding to theTerritory (or portion thereof ) included insuch 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 containing RDS-TMC Traffic Codes for Australia shallcontain the following notice: “Productincorporates traffic location codes whichis © 20XX Telstra Corporation Limited andits licensors.”
AT&T Vehicle Network Carrier TelematicsDisclosure
END USER FOR PURPOSES OF THISSECTION MEANS YOU AND YOUR HEIRS,EXECUTORS, LEGAL PERSONALREPRESENTATITVES AND PERMITEDASSIGNS. FOR PURPOSES OF THISSECTION “UNDERLYING WIRELESS SERVICECARRIER” INCLUDES ITS AFFILIATES ANDCONTRACTORS AND THEIR RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES,SUCCESSORS AND ASSIGNS. END USERHAS NO CONTRACTUAL RELATIONSHIP
WITH THE UNDERLYING WIRELESS SERVICECARRIER AND END USER IS NOT A THIRDPARTY BENEFICIARY OF ANY AGREEMENTBETWEEN FORD AND UNDERLYINGCARRIER. END USER UNDERSTANDS ANDAGREES THAT THE UNDERLYING CARRIERHAS NO LEGAL, EQUITABLE, OR OTHERLIABILITY OF ANY KIND TO END USER. INANY EVENT, REGARDLESS OF THE FORMOF THE ACTION, WHETHER FOR BREACHOF CONTRACT, WARRANTY, NEGLIGENCE,STRICT LIABILITY IN TORT OR OTHERWISE,END USER'S EXCLUSIVE REMEDY FORCLAIMS ARISING IN ANY WAY INCONNECTION WITH THIS AGREEMENT, FORANY CAUSE WHATSOEVER, INCLUDINGBUT NOT LIMITED TO ANY FAILURE ORDISRUPTION OF SERVICE PROVIDEDHEREUNDER, IS LIMITED TO PAYMENT OFDAMAGES IN AN AMOUNT NOT TO EXCEEDTHE AMOUNT PAID BY END USER FOR THESERVICES DURING THE TWO-MONTHPERIOD PRECEDING THE DATE THE CLAIMAROSE.
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(ii) END USER AGREES TO INDEMNIFY ANDHOLD HARMLESS THE UNDERLYINGWIRELESS SERVICE CARRIER AND ITSOFFICERS, EMPLOYEES, AND AGENTSAGAINST ANY AND ALL CLAIMS,INCLUDING WITHOUT LIMITATION CLAIMSFOR LIBEL, SLANDER, OR ANY PROPERTYDAMAGE, PERSONAL INJURY OR DEATH,ARISING IN ANY WAY, DIRECTLY ORINDIRECTLY, IN CONNECTION WITH THISAGREEMENT OR THE USE, FAILURE TO USE,OR INABILITY TO USE THE DEVICE EXCEPTWHERE THE CLAIMS RESULT FROM THEUNDERLYING CARRIER’S GROSSNEGLIGENCE OR WILLFUL MISCONDUCT.THIS INDEMNITY WILL SURVIVE THETERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHTIN ANY NUMBER ASSIGNED TO THEDEVICE.
(iv) END USER UNDERSTANDS THAT FORDAND THE UNDERLYING CARRIER CANNOTGUARANTY THE SECURITY OF WIRELESSTRANSMISSIONS, AND WILL NOT BE LIABLEFOR ANY LACK OF SECURITY RELATINGTO THE USE OF THE SERVICES
THE SERVICE IS FOR [END USER’S] USEONLY AND END USER MAY NOT RESELLTHE SERVICE TO ANY OTHER PARTY ENDUSER UNDERSTANDS THAT THEUNDERLYING CARRIER DOES NOTGUARANTEE ANY END USERUNINTERRUPTED SERVICE OR COVERAGE.THE UNDERLYING CARRIER DOES NOTWARRANT THAT END USERS CAN OR WILLBE LOCATED USING THE SERVICE. THEUNDERLYING CARRIER MAKES NOWARRANTY, EXPRESS OR IMPLIED, OFMERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE, SUITABILITY, ORPERFORMANCE REGARDING ANY SERVICESOR GOODS, AND IN NO EVENT SHALLAT&T BE LIABLE, WHETHER OR NOT DUETO ITS OWN NEGLIGENCE, FOR ANY: (A)ACT OR OMISSION OF A THIRD PARTY; (B)MISTAKES, OMISSIONS, INTERRUPTIONS,ERRORS, FAILURES TO TRANSMIT, DELAYS,OR DEFECTS IN THE SERVICE PROVIDEDBY OR THROUGH THE UNDERLYINGCARRIER; (C) DAMAGE OR INJURY CAUSEDBY SUSPENSION OR TERMINATION BY THEUNDERLYING CARRIER; OR (D) DAMAGE ORINJURY CAUSED BY A FAILURE OR DELAYIN CONNECTING A CALL TO ANY ENTITY,
INCLUDING 911 OR ANY OTHEREMERGENCY SERVICE. TO THE FULLEXTENT ALLOWED BY LAW, THE END USERRELEASES, INDEMNIFIES AND HOLDS THEUNDERLYING CARRIER HARMLESS FROMAND AGAINST ANY AND ALL CLAIMS OFANY PERSON OR ENTITY FOR DAMAGESOF ANY NATURE ARISING IN ANY WAYFROM OR RELATING TO, DIRECTLY ORINDIRECTLY, SERVICES PROVIDED BY THEUNDERLYING CARRIER OR ANY PERSON’SUSE THEREOF, INCLUDING CLAIMS ARISINGIN WHOLE OR IN PART FROM THE ALLEGEDNEGLIGENCE OF THE UNDERLYINGCARRIER.
VII. China Territory
Personal Use Only
You agree to use this Data together with[insert name of Client Application] for thesolely personal, non-commercial purposesfor which you were licensed, and not forservice bureau, time-sharing or other similarpurposes. Accordingly, but subject to therestrictions set forth in the followingparagraphs, you may copy this Data only asnecessary for your personal use to (i) view
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it, and (ii) save it, provided that you do notremove any copyright notices that appearand do not modify the Data in any way. Youagree not to otherwise reproduce, copy,modify, decompile, disassemble or reverseengineer any portion of this Data, and maynot transfer or distribute it in any form, forany purpose, except to the extent permittedby mandatory laws.
Restrictions
Except where you have been specificallylicensed to do so by NAV2 , and withoutlimiting the preceding paragraph, you maynot (a) use this Data with any products,systems, or applications installed orotherwise connected to or in communicationwith vehicles, capable of vehicle navigation,positioning, dispatch, real time routeguidance, fleet management or similarapplications; or (b) with or in communicationwith any positioning devices or any mobileor wireless-connected electronic or computer
devices, including without limitation cellularphones, palmtop and handheld computers,pagers, and personal digital assistants orPDAs. You agree to cease using this Data ifyou fail to comply with these terms andconditions.
Limited Warranty
NAV2 warrants that (a) the Data will performsubstantially in accordance with theaccompanying written materials for a periodof ninety (90) days from the date of receipt,and (b) any support services provided byNAV2 shall be substantially as described inapplicable written materials provided to youby NAV2, and NAV2’s support engineers willmake commercially reasonable efforts tosolve any problem issues.
rigCustomer Remedies
NAV2 and its suppliers’ entire liability andyour exclusive remedy shall be, at NAV2’ssole discretion, either (a) return of the pricepaid, if any, or (b) repair or replacement ofthe Data that do not meet NAV2’s LimitedWarranty and that are returned to NAV2 witha copy of your receipt. This Limited Warranty
is void if failure of the Data has resulted fromaccident, abuse, or misapplication. Anyreplacement Data will be warranted for theremainder of the original warranty period orthirty (30) days, whichever is longer. Neitherthese remedies nor any product supportservices offered by NAV2 are availablewithout proof of purchase from an authorizedinternational source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SETFORTH ABOVE AND TO THE EXTENTPERMITTED BY APPLICABLE LAW, NAV2AND ITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OWNERSHIP ORNON-INFRINGEMENT. Certain warrantyexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
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