2019 LINCOLN MKC Owners Manual

B. Canada Data. The following provisionsapply to the Data for Canada, which mayinclude or reflect data from third partylicensors (“Third Party Data”), includingHer Majesty the Queen in Right of Canada(“Her Majesty”), Canada Post Corporation(“Canada Post”) and the Department ofNatural Resources of Canada (“NRCan”):
1. Disclaimer and Limitation: Clientagrees that its use of the Third PartyData is subject to the following provi-sions:
a. Disclaimer: The Third Party Data islicensed on an “as is” basis. Thelicensors of such data, including HerMajesty, Canada Post and NRCan,make no guarantees, representationsor warranties respecting such data,either express or implied, arising bylaw or otherwise, including but notlimited to, effectiveness, complete-ness, accuracy or fitness for a partic-ular purpose.
b. Limitation on Liability: The ThirdParty Data licensors, including HerMajesty, Canada Post and NRCan,shall not be liable: (i) in respect of anyclaim, demand or action, irrespectiveof 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 orpossession of such Data; or (ii) in anyway for loss of revenues or contracts,or any other consequential loss of anykind resulting from any defect in theData.
2. Copyright Notice: In connection witheach copy of all or any portion of theData for the Territory of Canada, Clientshall affix in a conspicuous manner thefollowing copyright notice on at leastone of: (i) the label for the storage mediaof the copy; (ii) the packaging for thecopy; or (iii) other materials packagedwith the copy, such as user manuals orend user license agreements: “This dataincludes information taken with permis-
sion from Canadian authorities, including© Her Majesty the Queen in Right ofCanada, © Queen's Printer for Ontario,© Canada Post Corporation, GeoBase®,© The Department of Natural ResourcesCanada. All rights reserved.”
3. End-User Terms: Except as otherwiseagreed by the parties, in connection withthe provision of any portion of the Datafor the Territory of Canada to End-Usersas may be authorized under the Agree-ment, Client shall provide such End-Users, in a reasonably conspicuousmanner, with terms (set forth with otherend user terms required to be provided
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under the Agreement, or as otherwisemay be provided, by Client) which shallinclude the following provisions onbehalf of the Third Party Data licensors,including Her Majesty, Canada Post andNRCan:
The Data may include or reflect dataof licensors, including Her Majesty theQueen in the Right of Canada (“HerMajesty”), Canada Post Corporation(“Canada Post”) and the Departmentof Natural Resources Canada(“NRCan”). Such data is licensed onan “as is” basis. The licensors,including Her Majesty, Canada Postand NRCan, make no guarantees,representations or warrantiesrespecting such data, either expressor implied, arising by law or otherwise,including but not limited to, effective-ness, completeness, accuracy orfitness for a particular purpose. Thelicensors, including Her Majesty,Canada Post and NRCan, shall not beliable in respect of any claim, demandor action, irrespective of the nature ofthe cause of the claim, demand or
action alleging any loss, injury ordamages, direct or indirect, which mayresult from the use or possession ofthe data or the Data. The licensors,including Her Majesty, Canada Postand NRCan, shall not be liable in anyway for loss of revenues or contracts,or any other consequential loss of anykind resulting from any defect in thedata or the Data.End User shall indemnify and saveharmless the licensors, including HerMajesty, Canada Post and NRCan, andtheir officers, employees and agentsfrom and against any claim, demandor action, irrespective of the nature of
the cause of the claim, demand oraction, alleging loss, costs, expenses,damages or injuries (including injuriesresulting in death) arising out of theuse or possession of the data or theData.
4. Additional Provisions: The termscontained in this Section are in additionto all of the rights and obligations of theparties under the Agreement. To theextent that any of the provisions of thisSection are inconsistent with, or conflictwith, any other provisions of the Agree-ment, the provisions of this Section shallprevail.
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II. Mexico. The following provision appliesto the Data for Mexico, which includescertain data from the Instituto Nacional deEstadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/orpackaging containing Data for Mexicoshall contain the following notice: “Fuente:INEGI (Instituto Nacional de Estadística yGeografía)”
III. Latin America 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:
NoticeTerritory
IGN “INSTITUTOGEOGRAFICO NACIONALARGENTINO”
Argentina
“INSTITUTO GEOGRAFICOMILITAR DEL ECUADORAUTORIZACION N° IGM-2011-01- PCO-01 DEL 25 DE ENERODE 2011”
Ecuador
“source: © IGN 2009 - BDTOPO ®”
“Fuente: INEGI (InstitutoNacional de Estadística yGeografía)”
Guade-loupe,FrenchGuianaandMarti-niqueMexico
IV. Middle East 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:
NoticeCountry
“© Royal JordanianGeographic Centre”. The fore-going notice requirement forJordan Data is a material termof the Agreement. If Client orany of its permitted subli-censees (if any) fail to meetsuch requirement, HERE shallhave the right to terminateClient’s license with respect tothe Jordan Data.
Jordan
B. Jordan Data. Client and its permittedsublicensees (if any) are restricted fromlicensing and/or otherwise distributingHERE’s database for the country of Jordan(“Jordan Data”) for use in EnterpriseApplications to (i) non-Jordanian entitiesfor use of the Jordan Data solely in Jordanor (ii) Jordan-based customers. In addition,Client, its permitted sublicensees (if any)and End-Users are restricted from usingthe Jordan Data in Enterprise Applicationsif such party is (i) a non-Jordanian entityusing the Jordan Data solely in Jordan or(ii) a Jordan-based customer. For purposes
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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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C. OS Enforcement. Without limitingSection IV(B) above, with respect to Datafor the Territory of Great Britain, Clientacknowledges and agrees that theOrdnance Survey (“OS”) may bring a directaction against Client to enforce compli-ance with the OS copyright notice (seeSection IV(D) below) and paper maprequirements (see Section IV(B) above)contained in this Agreement.
D. 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:
NoticeCountry(ies)
“© Bundesamt für Eich- undVermessungswesen”Austria
“© EuroGeographics”
CroatiaCyprus,Estonia,Latvia,Lithuania,
Moldova,Poland,Sloveniaand/orUkraine
“source: © IGN 2009 – BDTOPO ®”France
“Die Grundlagendatenwurden mit Genehmigungder zuständigen Behördenentnommen”
Germany
“Contains Ordnance Surveydata © Crown copyrightand database right 2010Contains Royal Mail data ©Royal Mail copyright anddatabase right 2010”
Great Britain
“Copyright Geomatics Ltd.”Greece
“Copyright © 2003; Top-Map Ltd.”Hungary
“La Banca Dati Italiana èstata prodotta usandoquale riferimento anchecartografia numerica ed altratto prodotta e fornitadalla Regione Toscana.”
Italy
“Copyright © 2000;Norwegian MappingAuthority”
Norway
“Source: IgeoE – Portugal”Portugal
“Información geográficapropiedad del CNIG”Spain
“Based upon electronicdata © National LandSurvey Sweden.”
Sweden
“Topografische Grundlage:© Bundesamt fürLandestopographie.
Switzerland
E. Respective Country Distribution. Clientacknowledges that HERE has not receivedapprovals to distribute map data for thefollowing countries in such respectivecountries: Albania, Belarus, Kyrgyzstan,Moldova and Uzbekistan. HERE may
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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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