2019 FORD FIESTA nav

is dependent on the accuracy of
navigation, as the maps or functionality
of the TeleNav Software are not
intended to support such high risk
applications, especially in more remote
geographical areas.
• TELENAV EXPRESSLY DISCLAIMS
AND EXCLUDES ALL WARRANTIES IN
CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ALL
WARRANTIES WHICH MAY ARISE
FROM COURSE OF DEALING, CUSTOM
OR TRADE AND INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS WITH
RESPECT TO THE TELENAV
SOFTWARE.
• Certain jurisdictions do not permit the
disclaimer of certain warranties, so this
limitation may not apply to you.
5. Limitation of Liability
• TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV
OR ITS LICENSORS AND SUPPLIERS
BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING IN EACH CASE, BUT NOT
LIMITED TO, DAMAGES FOR THE
INABILITY TO USE THE EQUIPMENT
OR ACCESS DATA, LOSS OF DATA,
LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION
OR THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE
TELENAV SOFTWARE, EVEN IF
TELENAV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES
REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN
CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE), THE
ENTIRE LIABILITY OF TELENAV AND
OF ALL OF TELENAV'S SUPPLIERS
SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE
TELENAV SOFTWARE. SOME STATES
AND/OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
• You agree that any dispute, claim or
controversy arising out of or relating to
this Agreement or the TeleNav
Software shall be settled by
independent arbitration involving a
neutral arbitrator and administered by
the American Arbitration Association
in the County of Santa Clara, California.
The arbitrator shall apply the
Commercial Arbitration Rules of the
American Arbitration Association, and
the judgment upon the award rendered
by the arbitrator may be entered by any
court having jurisdiction. Note that
there is no judge or jury in an arbitration
proceeding and the decision of the
arbitrator shall be binding upon both
parties. You expressly agree to waive
your right to a jury trial. This Agreement
and performance hereunder will be
governed by and construed in
accordance with the laws of the State
of California, without giving effect to
its conflict of law provisions. To the
extent judicial action is necessary in
connection with the binding arbitration,
both TeleNav and you agree to submit
413
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

to the exclusive jurisdiction of the
courts of the County of Santa Clara,
California. The United Nations
Convention on Contracts for the
International Sale of Goods shall not
apply.
7. Assignment
• You may not resell, assign, or transfer
this Agreement or any of your rights or
obligations, except in totality, in
connection with your permanent
transfer of the TeleNav Software, and
expressly conditioned upon the new
user of the TeleNav Software agreeing
to be bound by the terms and
conditions of this Agreement. Any such
sale, assignment or transfer that is not
expressly permitted under this
paragraph will result in immediate
termination of this Agreement, without
liability to TeleNav, in which case you
and all other parties shall immediately
cease all use of the TeleNav Software.
Notwithstanding the foregoing,
TeleNav may assign this Agreement to
any other party at any time without
notice, provided the assignee remains
bound by this Agreement.
8. Miscellaneous
8.1
This Agreement constitutes the entire
agreement between TeleNav and you with
respect to the subject matter hereof.
8.2
Except for the limited licenses expressly
granted in this Agreement, TeleNav retains
all right, title and interest in and to the
TeleNav Software, including without
limitation all related intellectual property
rights. No licenses or other rights which are
not expressly granted in this Agreement
are intended to, or shall be, granted or conferred by implication, statute,
inducement, estoppel or otherwise, and
TeleNav and its suppliers and licensors
hereby reserve all of their respective rights
other than the licenses explicitly granted
in this Agreement.
8.3
By using the TeleNav Software, you
consent to receive from TeleNav all
communications, including notices,
agreements, legally required disclosures
or other information in connection with the
TeleNav Software (collectively, "Notices")
electronically. TeleNav may provide such
Notices by posting them on TeleNav's
Website or by downloading such Notices
to your wireless device. If you desire to
withdraw your consent to receive Notices
electronically, you must discontinue your
use of the TeleNav Software.
8.4
TeleNav's or your failure to require
performance of any provision shall not
affect that party's right to require
performance at any time thereafter, nor
shall a waiver of any breach or default of
this Agreement constitute a waiver of any
subsequent breach or default or a waiver
of the provision itself.
8.5
If any provision herein is held
unenforceable, then such provision will be
modified to reflect the intention of the
parties, and the remaining provisions of
this Agreement will remain in full force and
effect.
414
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

8.6
The headings in this Agreement are for
convenience of reference only, will not be
deemed to be a part of this Agreement,
and will not be referred to in connection
with the construction or interpretation of
this Agreement. As used in this Agreement,
the words "include" and "including" and
variations thereof, will not be deemed to
be terms of limitation, but rather will be
deemed to be followed by the words
"without limitation".
9. Other Vendors Terms and Conditions
•
The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement
includes end-user terms applicable to
these companies (included at the end
of this Agreement), and thus your use
of the Telenav Software is also subject
to such terms. You agree to comply
with the following additional terms and
conditions, which are applicable to
Telenav ’s third party vendor licensors::
9.1 End User Terms Required by HERE
North America, LLC
The data (“Data ”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and Telenav (“Telenav ”) and
its licensors (including their licensors and
suppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada. HERE holds a non-exclusive license from
the United States Postal Service® to
publish and sell ZIP+4® information.
©United States Postal Service® 2014.
Prices are not established, controlled or
approved by the United States Postal
Service®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and
ZIP+4
The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.
9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data
”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and NAV2 (Shanghai) Co.,
Ltd (“NAV2”) and its licensors (including
their licensors and suppliers) on the other
hand. 20xx. All rights reserved
Terms and Conditions
Permitted Use. You agree to use this Data
together with the Telenav Software solely
for the internal business and personal
purposes for which you were licensed, and
not for service bureau, time-sharing or
other similar purposes. Accordingly, but
subject to the restrictions set forth in the
following paragraphs, you agree not to
otherwise reproduce, 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 any form, for any purpose,
except to the extent permitted by
mandatory laws.
415
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

Restrictions. Except where you have been
specifically licensed to do so by Telenav,
and without limiting the preceding
paragraph, you may not use this Data (a)
with any products, systems, or applications
installed or otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any
positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs.
Warning. The Data may contain
inaccurate or incomplete information due
to the passage of time, changing
circumstances, sources used and the
nature of collecting comprehensive
geographic data, any of which may lead to
incorrect results.
No Warranty.
This Data is provided to you
“ as is, ” and you agree to use it at your own
risk. Telenav and its licensors (and their
licensors and suppliers) make no
guarantees, representations or warranties
of any kind, express or implied, arising by
law or otherwise, including but not limited
to, content, quality, accuracy,
completeness, effectiveness, reliability,
fitness for a particular purpose, usefulness,
use or results to be obtained from this
Data, or that the Data or server will be
uninterrupted or error-free.
Disclaimer of Warranty:
TELENAV AND
ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States,
Territories and Countries do not allow
certain warranty exclusions, so to that
extent the above exclusion may not apply
to you.
Disclaimer of Liability:
TELENAV AND
ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR
POSSESSION OF THE INFORMATION; OR
FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFORMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF TELENAV OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some
States, Territories and Countries do not
allow certain liability exclusions or
damages limitations, so to that extent the
above may not apply to you.
Export Control.
You shall not export from
anywhere any part of the Data or any direct
product thereof except in compliance with,
and with all licenses and approvals
required under, applicable export laws,
rules and regulations, including but not
limited to the laws, rules and regulations
administered by the Office of Foreign
Assets Control of the U.S. Department of
Commerce and the Bureau of Industry and
Security of the U.S. Department of
Commerce. To the extent that any such
416
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

export laws, rules or regulations prohibit
HERE from complying with any of its
obligations hereunder to deliver or
distribute Data, such failure shall be
excused and shall not constitute a breach
of this Agreement.
Entire Agreement. These terms and
conditions constitute the entire agreement
between Telenav (and its licensors,
including their licensors and suppliers) and
you pertaining to the subject matter hereof,
and supersedes in their entirety any and
all written or oral agreements previously
existing between us with respect to such
subject matter.
Governing Law.
The above terms and
conditions shall be governed by the laws
of the State of Illinois [insert “Netherlands”
where European HERE Data is used],
without giving effect to (i) its conflict of
laws provisions, or (ii) the United Nations
Convention for Contracts for the
International Sale of Goods, which is
explicitly excluded. You agree to submit to
the jurisdiction of the State of Illinois
[insert “The Netherlands” where European
HERE Data is used] for any and all
disputes, claims and actions arising from
or in connection with the Data provided to
you hereunder.
Government End Users.
If the Data is
being acquired by or on behalf of the
United States government or any other
entity seeking or applying rights similar to
those customarily claimed by the United
States government, this Data is a
“ commercial item ” as that term is defined
at 48 C.F.R. (“FAR”) 2.101, is licensed in
accordance with these End-User Terms,
and each copy of Data delivered or
otherwise furnished shall be marked and
embedded as appropriate with the
following “Notice of Use, ” and shall be
treated in accordance with such Notice: NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425
West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as
defined in FAR 2.101 and is subject to
these End-User Terms under which this Data was provided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federal
government agency, or any federal official
refuses to use the legend provided herein,
the Contracting Officer, federal
government agency, or any federal official
must notify HERE prior to seeking
additional or alternative rights in the Data. I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing
Data for the United States shall contain
the following notices: “HERE holds a non-exclusive license
from the United States Postal
Service® to publish and sell ZIP+4®
information. ”
“©United States Postal Service®
20XX. Prices are not established,
controlled or approved by the United
States Postal Service®. The following
trademarks and registrations are
owned by the USPS: United States
Postal Service, USPS, and ZIP+4. ”
417
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

view it, and (ii) save it, provided that you
do not remove any copyright notices that
appear and do not modify the Data in any
way. You agree not to otherwise reproduce,
copy, modify, decompile, disassemble or
reverse engineer any portion of this Data,
and may not transfer or distribute it in any
form, for any purpose, except to the extent
permitted by mandatory laws.
Restrictions
Except where you have been specifically
licensed to do so by NAV2 , and without
limiting the preceding paragraph, you may
not (a) use this Data with any products,
systems, or applications installed or
otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any
positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs. You agree to cease
using this Data if you fail to comply with
these terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data will
perform substantially in accordance with
the accompanying written materials for a
period of ninety (90) days from the date
of receipt, and (b) any support services
provided by NAV2 shall be substantially as
described in applicable written materials
provided to you by NAV2, and NAV2’
s
support engineers will make commercially
reasonable efforts to solve any problem
issues. rigCustomer Remedies
NAV2 and its suppliers’
entire liability and
your exclusive remedy shall be, at NAV2’ s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’ s Limited
Warranty and that are returned to NAV2
with a copy of your receipt. This Limited
Warranty is void if failure of the Data has
resulted from accident, abuse, or
misapplication. Any replacement Data will
be warranted for the remainder of the
original warranty period or thirty (30) days,
whichever is longer. Neither these remedies
nor any product support services offered
by NAV2 are available without proof of
purchase from an authorized international
source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY
SET FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR
POSSESSION OF THE INFORMATION; OR
424
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFROMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’
s OR
ITS SUPPLIERS ’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Export Control
You agree not to export to anywhere any
part of the Data provided to you or any
direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable
export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its
suppliers and are protected by applicable
copyright and other intellectual property
law and treaties. The Data are provided
solely on the basis of a license to use, not
sale.
Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(and its
licensors, including their licensors and
suppliers) and you pertaining to the subject
matter hereof, and supersedes in their
entirety any and all written or oral
agreements previously existing between
us with respect to such subject matter. Governing Law.
The above terms and conditions shall be
governed by the laws of the People
’s
Republic of China, without giving effect to
(i) its conflict of laws provisions, or (ii) the
United Nations Convention for Contracts
for the International Sale of Goods, which
is explicitly excluded. Any dispute arising
from or in connection with the Data
provided to you hereunder shall be
submitted to the Shanghai International
Economic and Trade Arbitration
Commission for arbitration.
Gracenote® Copyright
CD and music-related data from
Gracenote, Inc., copyright©
2000-2007 Gracenote. Gracenote
Software, copyright © 2000-2007
Gracenote. This product and service may
practice one or more of the following U.S.
Patents 5,987,525; 6,061,680; 6,154,773;
6,161,132; 6,230,192; 6,230,207; 6.240,459;
6,330,593 and other patents issued or
pending. Some services supplied under
license from Open Globe, Inc. for U.S.
Patent 6,304,523.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote ™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608
("Gracenote").
The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers
425
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices

By using SUNA Products and/or Services,
you will be deemed to have accepted and
agreed to be bound by the terms and
conditions fully detailed at:
Website
www.sunatraffic.com.au/termsandcon- ditions/
2. Intellectual Property
SUNA Products and/or Services are for
your personal use. You may not record, or
retransmit the content, nor use the content
in association with any other traffic
information or route guidance service or
device not approved by Intelematics. You
obtain no right of ownership in any
Intellectual Property Rights (including
copyright) in the data that is used to
provide SUNA Products and/or Services.
3. Appropriate Use
SUNA Products and/or Services are
intended as an aid to personal motoring
and travel planning, and do not provide
comprehensive or accurate information on
all occasions. On occasions, you may
experience additional delay as a result of
using SUNA Products and/or Services. You
acknowledge that it is not intended, or
suitable, for use in applications where time
of arrival or driving directions may impact
the safety of the public or yourself.
4. Use of SUNA Products and Services
while driving
You, and other authorised drivers of the
vehicle in which SUNA Products and/or
Services are available or installed and
active, remain at all times responsible for
observing all relevant laws and codes of
safe driving. In particular, you agree to only
actively operate SUNA Products and/or
Services when the Vehicle is at a complete
stop and it is safe to do so. 5. Service Continuity and Reception of
the SUNA Traffic Channel
We will use reasonable endeavours to
provide the SUNA Traffic Channel 24 hours
a day, 365 days a year. The SUNA Traffic
Channel may occasionally be unavailable
for technical reasons or for planned
maintenance. We will try to perform
maintenance at times when congestion is
light. We reserve the right to withdraw
SUNA Products and/or Services at any
time.
Also, we cannot assure the uninterrupted
reception of the SUNA Traffic Channel
RDS-TMC signal at any particular location.
6. Limitation of Liability
Neither Intelematics (nor its suppliers or
the manufacturer of your device (the
“Suppliers”)) shall be liable to you or to
any third party for any damages either
direct, indirect, incidental, consequential
or otherwise arising out of the use of or
inability to use SUNA Products and/or
Services even if Intelematics or a Supplier
has been advised of the possibility of such
damages. You also acknowledge that the
neither Intelematics nor any Supplier
guarantees nor make any warranties that
relate to the availability, accuracy or
completeness of SUNA Products and/or
Services, and to the extent which it is
lawful to do so, both Intelematics and each
Supplier excludes any warranties which
might otherwise be implied by any State
or Federal legislation in relation to SUNA
Products and/or Services.
7. Please Note
Great care has been taken in preparing this
manual. Constant product development
may mean that some information is not
entirely up-to-date. The information in this
document is subject to change without
notice.
428
2019 Fiesta (CCT) Canada/United States of America, KE8J 19A321 AA enUSA, Edition date: 201806, Second-Printing Appendices