2019 LINCOLN MKC ESP

•Navigation Features: Any navigationfeatures included in the system areintended to provide turn by turninstructions to get you to a desireddestination. Please make certain allpersons using this system carefully readand follow instructions and safetyinformation fully.
•Distraction Hazard: Any navigationfeatures may require manual (non-verbal)setup. Attempting to perform such set-upor insert data while driving can distractyour attention and could cause anaccident or other serious injury. Stop thevehicle in a safe and legal manner beforeattempting these operations.
•Let Your Judgment Prevail: Anynavigation features are provided only asan aid. Make your driving decisionsbased on your observations of localconditions and existing traffic regulations.Any such feature is not a substitute foryour personal judgment. Any routesuggestions made by this system shouldnever replace any local traffic regulationsor your personal judgment or knowledgeof safe driving practices.
•Route Safety: Do not follow the routesuggestions if doing so would result inan unsafe or illegal maneuver, if youwould be placed in an unsafe situation,or if you would be directed into an areathat you consider unsafe. The driver isultimately responsible for the safeoperation of the vehicle and therefore,must evaluate whether it is safe to followthe suggested directions.
•Potential Map Inaccuracy: Maps usedby this system may be inaccuratebecause of changes in roads, trafficcontrols or driving conditions. Always usegood judgment and common sense whenfollowing the suggested routes.
•Emergency Services: Do not rely on anynavigation features included in thesystem to route you to emergencyservices. Ask local authorities or anemergency services operator for theselocations. Not all emergency servicessuch as police, fire stations, hospitals andclinics are likely to be contained in themap database for such navigationfeatures.
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Your Responsibilities and Assumptions ofRisk
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•You agree to each of the following:(a)Any use of the SOFTWARE while drivingan automobile or other vehicle inviolation of applicable law or otherwisedriving in an unsafe manner presents asignificant risk of distracted driving andshould not be attempted under anycircumstances;(b) Use of the SOFTWAREat excessive volume poses a significantrisk of hearing damage and should notbe attempted under anycircumstances;(c) The SOFTWARE maynot be compatible with new or differentversions of an operating system, thirdparty software, or third party services,and the SOFTWARE may potentiallycause a critical failure of an operatingsystem, third party software, or third partyservice.(d) Any third party serviceaccessed by or third party software usedwith the SOFTWARE (I) may charge anadditional fee for access, (ii) may notwork correctly, on an uninterrupted basis,or error free, (iii) may change streamingformats or discontinue operation, (iv) maycontain adult, profane or offensivecontent; and (v) may contain inaccurate,false or misleading traffic, weather,
financial or safety information or othercontent; and (e) Use of the SOFTWAREmay cause you to incur additionalcharges from your wireless serviceprovider (WSP) and any data or minutecalculators that may be included in thesoftware program are for reference only,are not warranted in any way and shouldnot be relied upon in anyway.
•When using the SOFTWARE, you agreeto be responsible for and assume theentire risk to the items set forth in Section(a) – (e) above.
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE ANDAGREE THAT USE OF THE DEVICES ANDSOFTWARE IS AT YOUR SOLE RISK ANDTHAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY, PERFORMANCE,COMPATIBILITY, ACCURACY AND EFFORTIS WITH YOU. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, THESOFTWARE AND ANY THIRD PARTYSOFTWARE OR THIRD-PARTY SERVICESARE PROVIDED "AS IS" AND “ASAVAILABLE”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, ANDFORD MOTOR COMPANY HEREBYDISCLAIMS ALL WARRANTIES ANDCONDITIONS WITH RESPECT TO THESOFTWARE, THIRD PARTY SOFTWARE, ANDTHIRD-PARTY SERVICES, EITHER EXPRESS,IMPLIED OR STATUTORY, INCLUDING, BUTNOT LIMITED TO, THE IMPLIEDWARRANTIES AND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR AN ARTICULARPURPOSE, OF ACCURACY, OF QUIETENJOYMENT, AND NON-INFRINGEMENTOF THIRD-PARTY RIGHTS. FORD MOTORCOMPANY DOES NOT WARRANT (a)AGAINST INTERFERENCE WITH YOURENJOYMENT OF THE SOFTWARE, THIRDPARTY SOFTWARE, OR THIRD-PARTYSERVICES, (b) THAT THE SOFTWARE, THIRDPARTY SOFTWARE, OR THIRD-PARTYSERVICES WILL MEET YOURREQUIREMENTS, (c) THAT THE OPERATIONOF THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICESWILL BE UNINTERRUPTED OR ERROR-FREE,(d) OR THAT DEFECTS IN THE SOFTWARE,THIRD PARTY SOFTWARE, OR THIRD-PARTYSERVICES WILL BE CORRECTED. NO ORAL
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iii. is harmful, threatening, abusive, harassing,tortuous, defamatory, vulgar, obscene,libelous, or otherwise objectionable; and (f )lease, rent out, or otherwise permitunauthorized access by third parties to theTeleNav Software without advanced writtenpermission of TeleNav.
4. Disclaimers
•To the fullest extent permissible pursuantto applicable law, in no event willTeleNav, its licensors and suppliers, oragents or employees of any of theforegoing, be liable for any decisionmade or action taken by you or anyoneelse in reliance on the informationprovided by the TeleNav Software.TeleNav also does not warrant theaccuracy of the map or other data usedfor the TeleNav Software. Such data maynot always reflect reality due to, amongother things, road closures, construction,weather, new roads and other changingconditions. You are responsible for theentire risk arising out of your use of theTeleNav Software. For example butwithout limitation, you agree not to rely
on the TeleNav Software for criticalnavigation in areas where the well-beingor survival of you or others is dependenton the accuracy of navigation, as themaps or functionality of the TeleNavSoftware are not intended to supportsuch high risk applications, especially inmore remote geographical areas.
•TELENAV EXPRESSLY DISCLAIMS ANDEXCLUDES ALL WARRANTIES INCONNECTION WITH THE TELENAVSOFTWARE, WHETHER STATUTORY,EXPRESS OR IMPLIED, INCLUDING ALLWARRANTIES WHICH MAY ARISE FROMCOURSE OF DEALING, CUSTOM ORTRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE ANDNON-INFRINGEMENT OF THIRD PARTYRIGHTS WITH RESPECT TO THETELENAV SOFTWARE.
•Certain jurisdictions do not permit thedisclaimer of certain warranties, so thislimitation may not apply to you.
5. Limitation of Liability
•TO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAV ORITS LICENSORS AND SUPPLIERS BELIABLE TO YOU OR TO ANY THIRDPARTY FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES(INCLUDING IN EACH CASE, BUT NOTLIMITED TO, DAMAGES FOR THEINABILITY TO USE THE EQUIPMENT ORACCESS DATA, LOSS OF DATA, LOSSOF BUSINESS, LOSS OF PROFITS,BUSINESS INTERRUPTION OR THE LIKE)ARISING OUT OF THE USE OF ORINABILITY TO USE THE TELENAVSOFTWARE, EVEN IF TELENAV HASBEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. NOTWITHSTANDINGANY DAMAGES THAT YOU MIGHTINCUR FOR ANY REASONWHATSOEVER (INCLUDING, WITHOUTLIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALL DIRECTOR GENERAL DAMAGES IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OR
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OTHERWISE), THE ENTIRE LIABILITY OFTELENAV AND OF ALL OF TELENAV'SSUPPLIERS SHALL BE LIMITED TO THEAMOUNT ACTUALLY PAID BY YOU FORTHE TELENAV SOFTWARE. SOMESTATES AND/OR JURISDICTIONS DONOT ALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
•You agree that any dispute, claim orcontroversy arising out of or relating tothis Agreement or the TeleNav Softwareshall be settled by independentarbitration involving a neutral arbitratorand administered by the AmericanArbitration Association in the County ofSanta Clara, California. The arbitratorshall apply the Commercial ArbitrationRules of the American ArbitrationAssociation, and the judgment upon theaward rendered by the arbitrator may beentered by any court having jurisdiction.Note that there is no judge or jury in an
arbitration proceeding and the decisionof the arbitrator shall be binding uponboth parties. You expressly agree towaive your right to a jury trial. ThisAgreement and performance hereunderwill be governed by and construed inaccordance with the laws of the State ofCalifornia, without giving effect to itsconflict of law provisions. To the extentjudicial action is necessary in connectionwith the binding arbitration, both TeleNavand you agree to submit to the exclusivejurisdiction of the courts of the County ofSanta Clara, California. The UnitedNations Convention on Contracts for theInternational Sale of Goods shall notapply.
7. Assignment
•You may not resell, assign, or transferthis Agreement or any of your rights orobligations, except in totality, inconnection with your permanent transferof the TeleNav Software, and expresslyconditioned upon the new user of theTeleNav Software agreeing to be boundby the terms and conditions of this
Agreement. Any such sale, assignmentor transfer that is not expressly permittedunder this paragraph will result inimmediate termination of this Agreement,without liability to TeleNav, in which caseyou and all other parties shallimmediately cease all use of the TeleNavSoftware. Notwithstanding the foregoing,TeleNav may assign this Agreement toany other party at any time withoutnotice, provided the assignee remainsbound by this Agreement.
8. Miscellaneous
8.1
This Agreement constitutes the entireagreement between TeleNav and you withrespect to the subject matter hereof.
8.2
Except for the limited licenses expresslygranted in this Agreement, TeleNav retainsall right, title and interest in and to theTeleNav Software, including withoutlimitation all related intellectual propertyrights. No licenses or other rights which are
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not expressly granted in this Agreement areintended to, or shall be, granted or conferredby implication, statute, inducement, estoppelor otherwise, and TeleNav and its suppliersand licensors hereby reserve all of theirrespective rights other than the licensesexplicitly granted in this Agreement.
8.3
By using the TeleNav Software, you consentto receive from TeleNav all communications,including notices, agreements, legallyrequired disclosures or other information inconnection with the TeleNav Software(collectively, "Notices") electronically.TeleNav may provide such Notices byposting them on TeleNav's Website or bydownloading such Notices to your wirelessdevice. If you desire to withdraw yourconsent to receive Notices electronically,you must discontinue your use of theTeleNav Software.
8.4
TeleNav's or your failure to requireperformance of any provision shall not affectthat party's right to require performance atany time thereafter, nor shall a waiver of anybreach or default of this Agreementconstitute a waiver of any subsequent breachor default or a waiver of the provision itself.
8.5
If any provision herein is held unenforceable,then such provision will be modified to reflectthe intention of the parties, and theremaining provisions of this Agreement willremain in full force and effect.
8.6
The headings in this Agreement are forconvenience of reference only, will not bedeemed to be a part of this Agreement, andwill not be referred to in connection with theconstruction or interpretation of thisAgreement. As used in this Agreement, thewords "include" and "including" andvariations thereof, will not be deemed to beterms of limitation, but rather will be deemedto be followed by the words "withoutlimitation".
9. Other Vendors Terms and Conditions
•The Telenav Software utilizes map andother data licensed to Telenav by thirdparty vendors for the benefit of you andother end users. This Agreement includesend-user terms applicable to thesecompanies (included at the end of thisAgreement), and thus your use of theTelenav Software is also subject to suchterms. You agree to comply with thefollowing additional terms and conditions,which are applicable to Telenav’s thirdparty vendor licensors::
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communication with any positioning devicesor any mobile or wireless-connectedelectronic or computer devices, includingwithout limitation cellular phones, palmtopand handheld computers, pagers, andpersonal digital assistants or PDAs.
Warning. The Data may contain inaccurateor incomplete information due to thepassage of time, changing circumstances,sources used and the nature of collectingcomprehensive geographic data, any ofwhich may lead to incorrect results.
No Warranty. This Data is provided to you“as is,” and you agree to use it at your ownrisk. Telenav and its licensors (and theirlicensors and suppliers) make no guarantees,representations or warranties of any kind,express or implied, arising by law orotherwise, including but not limited to,content, quality, accuracy, completeness,effectiveness, reliability, fitness for aparticular purpose, usefulness, use or resultsto be obtained from this Data, or that theData or server will be uninterrupted orerror-free.
Disclaimer of Warranty: TELENAV AND ITSLICENSORS (INCLUDING THEIR LICENSORSAND SUPPLIERS) DISCLAIM ANYWARRANTIES, EXPRESS OR IMPLIED, OFQUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE ORNON-INFRINGEMENT. Some States,Territories and Countries do not allow certainwarranty exclusions, so to that extent theabove exclusion may not apply to you.
Disclaimer of Liability: TELENAV AND ITSLICENSORS (INCLUDING THEIR LICENSORSAND SUPPLIERS) SHALL NOT BE LIABLE TOYOU: IN RESPECT OF ANY CLAIM, DEMANDOR ACTION, IRRESPECTIVE OF THENATURE OF THE CAUSE OF THE CLAIM,DEMAND OR ACTION ALLEGING ANY LOSS,INJURY OR DAMAGES, DIRECT ORINDIRECT, WHICH MAY RESULT FROM THEUSE OR POSSESSION OF THEINFORMATION; OR FOR ANY LOSS OFPROFIT, REVENUE, CONTRACTS ORSAVINGS, OR ANY OTHER DIRECT,INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUTOF YOUR USE OF OR INABILITY TO USE
THIS INFORMATION, ANY DEFECT IN THEINFORMATION, OR THE BREACH OF THESETERMS OR CONDITIONS, WHETHER IN ANACTION IN CONTRACT OR TORT OR BASEDON A WARRANTY, EVEN IF TELENAV ORITS LICENSORS HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.Some States, Territories and Countries donot allow certain liability exclusions ordamages limitations, so to that extent theabove may not apply to you.
Export Control. You shall not export fromanywhere any part of the Data or any directproduct thereof except in compliance with,and with all licenses and approvals requiredunder, applicable export laws, rules andregulations, including but not limited to thelaws, rules and regulations administered bythe Office of Foreign Assets Control of theU.S. Department of Commerce and theBureau of Industry and Security of the U.S.Department of Commerce. To the extent thatany such export laws, rules or regulationsprohibit HERE from complying with any of itsobligations hereunder to deliver or distributeData, such failure shall be excused and shallnot constitute a breach of this Agreement.
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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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