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6. SOFTWARE Updates. The SOFTWARE and
SERVICES may be updated when your
VEHICLE is serviced by a DEALER or
remotely, over-the-ai r, by HONDA from
time to time; such updates may occur with
or without further notice or your future
consent. The SOFTWARE may be updated at
HONDA’s discretion and for any purpose
including, without limitation, to patch or
otherwise improve the SOFTWARE or
SERVICES functionality, security, or stability.
All updates to the SOFTWARE and
SERVICES are subject to this AGREEMENT
and any other applicable HONDA TERMS
and PROVIDER TERMS.
7. Uninstalling, Removing, and Replacing
the SOFTWARE. Replacing SOFTWARE or
HONDA SERVICES with software or
firmware not provided and installed by
HONDA or a DEALER will render all
representations and warranties for the
SOFTWARE, HONDA SERVICES, and
VEHICLE functionality reliant upon the
SOFTWARE or HONDA SERVICES null and
void. D. SOFTWARE Operational Notices and
Warnings
1.
Vehicle Geolocation Information. You
acknowledge that your VEHICLE may be
equipped with certain traffic and map
features. The traffic feature will
automatically collect and transmit, through
GPS technology, your Vehicle’s current
location (longitude and latitude), travel
direction and speed (“VEHICLE
GEOLOCATION INFORMATION”) to
HONDA and PROVIDERS. The VEHICLE
GEOLOCATION INFORMATION is used by
HONDA and PROVIDERS to provide traffic
and navigation-related information to you,
but may also be used to provide other
SERVICES or offers to you. HONDA will not
use such VEHICLE GEOLOCATION
INFORMATION for its own marketing
efforts, or provide such information to
unaffiliated third parties for their own
purposes, without your express consent.
2. Potential Map Inaccuracy and Route
Safety. Maps used by this system may be
inaccurate because of changes in roads,
traffic controls, rout ing, or driving
conditions. Always use good judgment and common sense when following suggested
routes. Do not follow the route suggestions
if doing so would result in an unsafe or
illegal driving maneuver, if you would be
placed in an unsafe situation, or if you
would be directed into an area that you
consider unsafe. Do not rely on any
navigation features included in the system
to route you to emergency services. Not all
emergency services such as police, fire
stations, hospitals, or clinics are likely to be
contained in the map database for such
navigation features. Ask local authorities or
an emergency services operator for such
locations and routes. The driver is ultimately
responsible for the safe operation of the
vehicle and therefor
e, must evaluate
whether it is safe to follow the suggested
directions. Any navigation features are
provided only as an aid. Make your driving
decisions based on your observations of
local conditions and existing traffic
regulations. Navigation features are not a
substitute for your personal judgment. Any
route suggestions made by the SOFTWARE
or SERVICES should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.
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3. Speech Recognition: You acknowledge
and understand that HONDA and
PROVIDERS may record, retain, and use
voices commands when you use the speech
recognition components of the SOFTWARE
or SERVICES. You and all VEHICLE operators
and passengers (a) consent to the recording
and retention of voice commands in
support of providing speech recognition
components and (b) release HONDA and
PROVIDERS from all claims, liabilities, and
losses that may result from any use of such
recorded voice commands.
Recognition errors are inherent in speech
recognition. It is your responsibility to
monitor any speech re cognition functions
included in the system and address any
errors. Neither HONDA nor PROVIDERS will
be liable for any damages arising out of
errors in the speech recognition process.
4. Distraction Hazards. Navigation features
may require manual (non-verbal) input or
setup. Attempting to perform such set-up
or insert data while driving can seriously
distract your attention and could cause a
crash or other serious consequences; the
ability to undertake such interactions may
also be limited by state or local law, which 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 emer gency signals while
driving. Driving while unable to hear these
sounds could result in a crash.
E. Information Colle ction 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 a nd 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 so
ftware 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,
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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. F. NO WARRANTY.
You understand and
agree that your use of the SOFTWARE and
SERVICES are solely at your own risk and
that you will be solely responsible for any
damage to your VEHICLE’s multimedia
system or any other equipment or any loss
of data that may result from your use of the
SOFTWARE or SERVICES. THE SOFTWARE
AND SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT
ANY WARRANTY OF ANY KIND,
EXPRESSED, IMPLIED OR STATUTORY. WE
SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. HONDA makes no
warranties that the SOFTWARE or SERVICES
will meet your require ments, or that the
SOFTWARE or SERVICES will be
uninterrupted, timely, secure, non-
infringing or error free. You understand and
agree that you are responsible for any and
all charges, costs or expenses associated
with your use of the SOFTWARE or
SERVICES. Advice or information, whether
oral or written, obtained by you from us or
through the SOFTWARE or SERVICES are
provided for informational purposes only
and will not create any warranty not expressly made herein. You should not rely
on any such information or advice. We
assume no liability or responsibility for any
errors or omissions in the SOFTWARE or
SERVICES. We do not make any warranty or
representation that your use of the material
displayed on, or obtained through, the
SOFTWARE or SERVICES is non-infringing of
any rights of any third party. Any decision or
action taken by you on the basis of
information or content provided via the
application is at your sole discretion and
risk. HONDA and PROVIDERS are not
responsible or liable for any such decision,
or for the accuracy, completeness,
usefulness, or availability of any content or
information displayed, transmitted, or
otherwise made available via the
SOFTWARE or SERVICES. To the extent
jurisdictions do not allow the exclusion of
certain warranties, some of the above
exclusions may not apply to you.
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G. LIMITATIONS ON LIABILITY. You and
HONDA are each waiving important rights.
1. Limitations on YOUR liability. HONDA
cannot recover from you any consequential,
indirect, incidental, or special damages, or
attorney's fees in conn ection with your use
of the SOFTWARE or HONDA SERVICES.
HONDA WAIVES TO THE FULLEST EXTENT
ALLOWED BY LAW ANY CLAIM FOR
DAMAGES OTHER THAN DIRECT,
COMPENSATORY DAMAGES AS LIMITED IN
THIS AGREEMENT.
2. Limitation on HO NDA and PROVIDER
liability. Neither HONDA nor PROVIDERS will
be liable to you or any other party for
consequential, indirect, incidental, special,
or punitive damages (including without
limitation lost profits) in connection with
your use of the SOFTWARE or SERVICES,
even if HONDA or PROVIDERS are aware of
the possibility of such damages. These
limitations apply to all claims, including,
without limitation, claims in contract and
tort (such as negligence, product liability
and strict liability). To the extent that a
jurisdiction does not permit the exclusion or
limitation of liability as set forth herein our
liability is limited to the maximum extent 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 benefici
ary 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.
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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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assignment or transfer. If part of this
provision is unenforceable, the remainder
remains in effect. If unenforceability allows
arbitration as a class action, then this
provision is entirely unenforceable. YOU
may opt out within 30 days of your initial
use of the Software by sending a signed,
written notice to HONDA at Honda
Financial Services, P.O. Box 165007, Irving,
TX 75016. HONDA reserves the right to
make changes to this provision after
providing written notice and an opportunity
to opt out.
N. Miscellaneous: You may not assign this
AGREEMENT without HONDA’s prior
written consent. This AGREEMENT and any
additional HONDA TERMS and PROVIDER
TERMS represents the entire agreement
between you and US. HONDA may amend
the terms of this AG REEMENT by providing
you with notices of such updated terms. If
you do not consent to be bound by the
updated terms, your sole remedy will be to
cease using the SOFTWARE and SERVICES.
If any part of this AGREEMENT is found
invalid, void, or unenforceable, the balance
of the AGREEMENT will remain valid and
enforceable according to its terms. To the fullest extent permitted by law, and except
as explicitly provided otherwise, this
AGREEMENT and any disputes arising out of
or relating to it will be governed by the laws
of the State of California, except that
California laws concerning choice of law or
conflicts shall not apply if they would cause
the substantive law of another jurisdiction
to apply. Notwithsta
nding the foregoing,
Section M shall be governed by the Federal
Arbitration Act and the laws of the State of
California, as applicable, as set forth
therein. The failure to enforce any term of
this AGREEMENT on on e occasion shall not
prevent enforcement on any other occasion
or the enforcement of any other term.
Headings and captions shall not be
considered included for purposes of
interpretation or application hereof, but are
for convenience only.User Agreements
In using this HDD “Satellite Linked
Navigation System” (the “HDD”), which
includes HONDA MOTOR CO., LTD.
software, ALPINE ELECTRONICS, INC.
software, and NAVTEQ database contents
(hereinafter referred to as “Licensors”), you
are bound by the terms and conditions set
forth below. By using your copy of the HDD,
you have expressed your Agreement to the
terms and conditions of this Agreement.
You should, therefore, make sure that you
read and understa nd the following
provisions. If for any reason you do not wish
to be bound by the terms of this
Agreement, please return the HDD to your
dealer.
• The HDD may not be copied, duplicated,
or otherwise modified, in whole or in
part, without the express written
permission of the Licensors.
• The HDD may not be transferred or sublicensed to any third party for profit,
rent or loan, or licensed for reuse in any
manner.
■Navigation System User
Agreement
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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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