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Continued
Reference Information
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, or any portion thereof will be available at all
times or in all areas. You acknowledge and
agree that HONDA is not responsible for
performance degradation, interruption or
delays. You acknowledge that HONDA shall
not be liable to you if the SOFTWARE or
SERVICES in a given location are not
available. If the SOFTWARE or SERVICES are
not available within your intended location,
you agree that your sole remedy shall be to
cease using the SOFTWARE and SERVICES.
J. PRODUCT SUPPORT:
Product support
for the SOFTWARE is provided by HONDA.
For product support, please refer to HONDA
instructions provided in the
DOCUMENTATION. Should you have any
questions concerning this AGREEMENT, or
if you desire to contact HONDA for any
other reason, please refer to the HONDA
contact information provided in the
DOCUMENTATION.
K. Termination and Transfer.
1. Termination. This AGREEMENT is
effective until terminated by you or US. WE
may terminate this AGREEMENT for any or
no reason, and with or without notice to you. Your rights under this AGREEMENT will
terminate automatically without notice
from US if you fail to comply with any term
of this AGREEMENT. Upon termination of
this AGREEMENT, you shall cease all use of
the SOFTWARE and SERVICES.
2. Transfer:
You may permanently transfer
your rights under this AGREEMENT only as
part of a sale or transfer of the VEHICLE,
provided you retain no copies, you transfer
all of the SOFTWARE and HONDA SERVICES
(including all component parts, the media
and printed materials, and any upgrades),
and the recipient agrees to the terms of this
AGREEMENT. You agree to notify HONDA
upon the sale or transfer of the VEHICLE. To
contact HONDA, please refer to the HONDA
contact information provided in the
DOCUMENTATION.
L. Changes to the SOFTWARE or
SERVICES. WE may change, modify, or
update the SOFTWARE or SERVICES from
time to time. Unless explicitly stated
otherwise, any new features or services that
augment or enhance the SOFTWARE or
SERVICES in the future shall respectively be
considered part of the SOFTWARE or
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SERVICES and subject to this AGREEMENT.
WE reserve the right at any time and from
time to time to interrupt, restrict, modify,
suspend, discontinue, temporarily or
permanently, the SOFTWARE or SERVICES
(or any portion thereof), with or without
notice to you, and you agree that HONDA
shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the SOFTWARE or
SERVICES.
M. ARBITRATION:
PLEASE READ THIS ARBITRATION
PROVISION CAREFULLY TO UNDERSTAND
YOUR RIGHTS. YOU AGREE THAT ANY
CLAIM THAT YOU MAY HAVE IN THE
FUTURE MUST BE RESOLVED THROUGH
BINDING ARBITRATION. YOU WAIVE THE
RIGHT TO HAVE YOUR DISPUTE HEARD IN
COURT AND WAIVE THE RIGHT TO BRING
CLASS CLAIMS. YOU UNDERSTAND THAT
DISCOVERY AND APPEAL RIGHTS ARE
MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim,
dispute or controversy without filing a
lawsuit. By agreeing to arbitrate, the right
to go to court is waiv ed and instead claims, disputes or controversies are submitted to
binding arbitration. This provision sets forth
the terms and conditions of our agreement.
YOU and HONDA agree and acknowledge
that this Agreement affects interstate
commerce and the Federal Arbitration Act
(“FAA”) applies. By
using the Software,
Vehicle, or Services, YOU elect to have
disputes resolved by arbitration. YOU,
HONDA or any involved third party may
pursue a Claim. “Claim” means any dispute
between YOU, HONDA, or any involved
third party relating to your use of the
Software, the Vehicle, or the Services, this
Agreement, or our re lationship, including
any representations, omissions or
warranties. “Claim” does not include
personal injury or wrongful death claims.
YOU or HONDA may seek remedies in small
claims court or provisional judicial remedies
without arbitrating. In addition,
notwithstanding anything herein to the
contrary, YOU or HONDA may seek
equitable relief in a court of competent
jurisdiction.
YOU or HONDA may select arbitration with
American Arbitration Association, JAMS or
National Arbitration and Mediation. Contact these sponsors for their rules. The
hearing will be in the federal district where
YOU reside. If agreed, it may be by
telephone or written submissions. Filing and
arbitrator fees to be paid per the sponsor
rules. You may contact
the sponsor for a fee
waiver. If no fee waivers, HONDA will pay
filing and arbitrator fees up to $5,000,
unless law requires more. Each party is
responsible for other fees. Arbitrator may
award costs or fees to prevailing party, if
permitted by law. HONDA will not seek
fees, unless the claims are frivolous.
Arbitrator shall be an attorney or current or
retired judge familiar with automotive or
consumer software. The arbitrator shall
follow substantive law, statute of limitations
and decide all issues relating to the
interpretation, construction, enforceability
and applicability of this provision. The
arbitrator may order relief permitted by law.
This provision is governed and enforceable
by the FAA. An award shall include a
written opinion and be final, subject to
appeal by the FAA.
This provision survives termination of this
Agreement or relationship, bankruptcy,
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• The HDD may not be decompiled, reverse
engineered or otherw ise disassembled, in
whole or in part.
• The HDD may not be used in a network or by any other manner of simultaneous
use in multiple systems.
• The HDD is intended solely for personal use (or internal use wh ere the end-user is
a business) by the consumer. The HDD is
not to be used for commercial purposes.
• The Licensors do not guarantee to the client that the functi ons included in the
HDD meet the specific objectives of the
user.
• Licensor shall not be responsible for any
damages caused by the use of the HDD
to the actual user or to any third party.
• The warranty on the HDD shall not
extend to an exchange or refund due to
misspelling, omission of letters, or any
other cosmetic discrepancy in the
contents of the HDD.
• The right to use the HDD shall expire either when the user destroys the HDD or
software, or when any of the terms of
this Agreement are violated and the
Licensors exercise the option to revoke
the license to use the HDD or software. • The terms and conditions hereof apply to
all subsequent users and owners as well
as to the original purchaser.
• The logos of oil companies, hotels, convenience stores, and other businesses
are displayed for your information and
convenience, and in no way imply any
sponsorship, approval or endorsement of
these companies, or their products. The
logos are trademarks of their respective
owners.
• The marks of companies displayed by this
product to indicate business locations are
the marks of their respective owners.
• The use of such marks in this product
does not imply any sponsorship,
approval, or endorsement by such
companies of this product.
The user shall indemn ify and save harmless
the Licensors, and thei r officers, employees
and agents, from and against any claim,
demand or action, irrespective of the nature
of the cause of the clai m, demand or action,
alleging loss, costs, expense, damages or
injuries (including injuries resulting in death)
arising out of the use or possession of the
HDD or software.
Use, duplication, or di sclosure of this HDD
by or on behalf of the United States government is subject to “Restricted
Rights” as set forth at FAR 52.227-14, -19
or DFARS 252.227-7013, as applicable.
Manufacturers are the Licensors, including
HONDA MOTOR CO., LTD., 2-1-1 Minami
Aoyama Minato-Ku Tokyo 107-8556
JAPAN., Alpine Electronics, Inc., 20-1
Yoshima Kogyodanchi,
Iwaki, Fukushima
970-1192 JAPAN., NAVTEQ Corporation,
425 W Randolph St. Chicago, IL 60606,
USA.
You have acquired a device (“DEVICE”) that
includes software licensed by Alpine
Electronics, Inc. (collectively “ALPINE”) from
an affiliate of Microsoft Corporation
(collectively “MS”). Th ose installed software
products of MS origin, as well as associated
media, printed materials, and “online” or
electronic documentation (“SOFTWARE”)
are protected by intern ational intellectual
property laws and treaties. The SOFTWARE
is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER
LICENSE AGREEMENT (“EULA”), DO NOT
USE THE DEVICE OR COPY THE SOFTWARE
■ Navigation System END USER
LICENSE AGREEMENT
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u If MS, Microsoft Corporation or their
affiliates make ava ilable Supplemental
Components, and no other EULA
terms are provided, then the terms of
this EULA shall apply, except that MS,
Microsoft Corporation or affiliate
entity providing the Supplemental
Component(s) shall be licensor of the
Supplemental Component(s).
u ALPINE, MS, Microsoft Corporation
and their affiliates reserve the right to
discontinue any Internet-based
services provided to you or made
available to you through the use of the
SOFTWARE.
• RECOVERY MEDIA If SOFTWARE is provided by ALPINE on
separate media and labeled “Recovery
Media” you may use the Recovery Media
solely to restore or reinstall the
SOFTWARE originally installed on the
DEVICE.
• UPGRADES If the SOFTWARE is provided by ALPINE
separate from the DEVICE on separate
media or via web download or other
means, and is labeled “For Upgrade
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.
• TERMINATION
Without prejudice to any other rights,
ALPINE or MS may terminate this EULA if
you fail to comply with the terms and
conditions of this EULA. In such event,
you must destroy all copies of the
SOFTWARE and all of its component
parts.
• 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, their aff iliates or suppliers.
The SOFTWARE is licensed, not sold.
You may not copy the printed materials
accompanying the SO FTWARE. All title
and intellectual prope rty 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 gran
ted under this EULA
are reserved by MS, Microsoft
Corporation, 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.
• TRADEMARKS This EULA does not grant you any rights
in connection with any trademarks or
service marks of ALPINE MS, Microsoft
Corporation, 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 ALPINE support number
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Reference Information
As required by the FCC
1. This device complies with Part 15 of the
FCC Rules and Canadian RSS-210/
RSSGen. Operation is subject to the
following two conditions: (1) this device
may not cause harmful interference, and
(2) this device must accept any
interference received, including
interference that may cause undesired
operation.
2. The FCC requires the user to be notified
that any changes or modifications made
to this device that are not expressly
approved by the party responsible for
compliance may void the user’s authority
to operate the equipment.
3. This product emits radio frequency
energy, but the radiated output power of
this device is far below the FCC and IC
radio frequency exposure limits. This
equipment complies with FCC and IC RF
radiation exposure limits set forth for an
uncontrolled environment. Nevertheless,
the device should be used in such a
manner that the potential for human
contact with the an tenna during normal
operation is minimized.
About Open Source
Licenses
About the software license of the
product
The software installe d in the product
contains open source software.
See the following Alpine website for details
on the open source software.
http://www.alpine.com/h/e/oss/download/
■ Important information on the
software
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