2019 LINCOLN MKT ESP

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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Limited Liability:
TO THE EXTENT PERMITTED BYAPPLICABLE LAW, NAV2 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 USETHIS INFORMATION, ANY DEFECT IN THEINFROMATION, OR THE BREACH OF THESETERMS OR CONDITIONS, WHETHER IN ANACTION IN CONTRACT OR TORT OR BASEDON A WARRANTY, EVEN IF NAV2 OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’s ORITS SUPPLIERS’ LIABILITY HEREUNDEREXCEED THE PRICE PAID. Certain liabilityexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
Export Control
You agree not to export to anywhere anypart of the Data provided to you or any directproduct thereof except in compliance with,and with all licenses and approvals requiredunder, applicable export laws, rules andregulations.
IP Protection
The Data are owned by NAV2 or its suppliersand are protected by applicable copyrightand other intellectual property law andtreaties. The Data are provided solely on thebasis of a license to use, not sale.
Entire Agreement
These terms and conditions constitute theentire agreement between NAV2(and itslicensors, including their licensors andsuppliers) and you pertaining to the subjectmatter hereof, and supersedes in theirentirety any and all written or oralagreements previously existing between uswith respect to such subject matter.
Governing Law.
The above terms and conditions shall begoverned by the laws of the People’sRepublic of China, without giving effect to (i)its conflict of laws provisions, or (ii) the UnitedNations Convention for Contracts for theInternational Sale of Goods, which isexplicitly excluded. Any dispute arising fromor in connection with the Data provided toyou hereunder shall be submitted to theShanghai International Economic and TradeArbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote,Inc., copyright©
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2000-2007 Gracenote. Gracenote Software,copyright © 2000-2007 Gracenote. Thisproduct and service may practice one ormore 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 otherpatents issued or pending. Some servicessupplied under license from Open Globe,Inc. for U.S. Patent 6,304,523.
Gracenote and CDDB are registeredtrademarks of Gracenote. The Gracenotelogo and logotype, and the "Powered byGracenote™" logo are trademarks ofGracenote.
Gracenote® End User License Agreement(EULA)
This device contains software fromGracenote, Inc. of 2000 Powell StreetEmeryville, California 94608 ("Gracenote").
The software from Gracenote (the"Gracenote Software") enables this deviceto do disc and music file identification andobtain music-related information, includingname, artist, track, and title information("Gracenote Data") from online servers("Gracenote Servers"), and to perform other
functions. You may use Gracenote Data onlyby means of the intended End User functionsof this device. This device may containcontent belonging to Gracenote's providers.If so, all of the restrictions set forth hereinwith respect to Gracenote Data shall alsoapply to such content and such contentproviders shall be entitled to all of thebenefits and protections set forth herein thatare available to Gracenote. You agree thatyou will use the content from Gracenote("Gracenote Content") , Gracenote Data, theGracenote Software, and Gracenote Serversfor your own personal, non-commercial useonly. You agree not to assign, copy, transferor transmit the Gracenote Content,Gracenote Software or any Gracenote Data(except in a Tag associated with a music file)to any third party. YOU AGREE NOT TO USEOR EXPLOIT GRACENOTE CONTENT,GRACENOTE DATA, THE GRACENOTESOFTWARE, OR GRACENOTE SERVERS,EXCEPT AS EXPRESSLY PERMITTEDHEREIN.
You agree that your non-exclusive licensesto use the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers will terminate if youviolate these restrictions. If your licensesterminate, you agree to cease any and alluse of the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers.
Gracenote, respectively, reserve all rights inGracenote Data, the Gracenote Software,and the Gracenote Servers and GracenoteContent, including all ownership rights.Under no circumstances will eitherGracenote become liable for any paymentto you for any information that you provide,including any copyrighted material or musicfile information. You agree that Gracenotemay enforce its respective rights, collectivelyor separately, under this agreement againstyou, directly in each company's own name.
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Gracenote uses a unique identifier to trackqueries for statistical purposes. The purposeof a randomly assigned numeric identifier isto allow Gracenote to count queries withoutknowing anything about who you are. Formore information, see the web page atwww.gracenote.com for the GracenotePrivacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEMOF GRACENOTE DATA AND THEGRACENOTE CONTENT ARE LICENSED TOYOU "AS IS". NEITHER GRACENOTE MAKESANY REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, REGARDING THEACCURACY OF ANY GRACENOTE DATAFROM THE GRACENOTE SERVERS ORGRACENOTE CONTENT. GRACENOTECOLLECTIVELY AND SEPARATELY RESERVETHE RIGHT TO DELETE DATA AND/ORCONTENT FROM THE COMPANIES'RESPECTIVE SERVERS OR, IN THE CASE OFGRACENOTE, CHANGE DATA CATEGORIESFOR ANY CAUSE THAT GRACENOTEDEEMS SUFFICIENT. NO WARRANTY ISMADE THAT EITHER GRACENOTECONTENT OR THE GRACENOTE SOFTWAREOR GRACENOTE SERVERS ARE
ERROR-FREE OR THAT THE FUNCTIONINGOF THE GRACENOTE SOFTWARE ORGRACENOTE SERVERS WILL BEUNINTERRUPTED. GRACENOTE IS NOTOBLIGATED TO PROVIDE YOU WITH ANYENHANCED OR ADDITIONAL DATA TYPESTHAT GRACENOTE MAY CHOOSE TOPROVIDE IN THE FUTURE AND IS FREE TODISCONTINUE ITS ONLINE SERVICES ATANY TIME. GRACENOTE DISCLAIM ALLWARRANTIES EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE, AND NON-INFRINGEMENT. NEITHERGRACENOTE WARRANTS THE RESULTSTHAT WILL BE OBTAINED BY YOUR USEOF THE GRACENOTE SOFTWARE OR ANYGRACENOTE SERVER. IN NO CASE WILLGRACENOTE BE LIABLE FOR ANYCONSEQUENTIAL OR INCIDENTALDAMAGES OR FOR ANY LOST PROFITS ORLOST REVENUES FOR ANY REASONWHATSOEVER. © Gracenote 2007.
Radio Frequency Statement
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of the FCCRules and with RSS-210 of Industry Canada.Operation is subject to the following twoconditions:
(1) This device may not cause harmfulinterference, and
(2) this device must accept any interferencereceived, including interference that maycause undesired operation.
WARNING: Changes or modificationsnot expressively approved by the partyresponsible for compliance could void theuser's authority to operate the equipment.The term "IC:" before the radio certificationnumber only signifies that Industry Canadatechnical specifications were met.
The antenna used for this transmitter mustnot be co-located or operating in conjunctionwith any other antenna or transmitter.
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SUNA Products and/or Services are intendedas an aid to personal motoring and travelplanning, and do not provide comprehensiveor accurate information on all occasions. Onoccasions, you may experience additionaldelay as a result of using SUNA Productsand/or Services. You acknowledge that it isnot intended, or suitable, for use inapplications where time of arrival or drivingdirections may impact the safety of the publicor yourself.
4. Use of SUNA Products and Serviceswhile driving
You, and other authorised drivers of thevehicle in which SUNA Products and/orServices are available or installed and active,remain at all times responsible for observingall relevant laws and codes of safe driving.In particular, you agree to only activelyoperate SUNA Products and/or Serviceswhen the Vehicle is at a complete stop andit is safe to do so.
5. Service Continuity and Reception of theSUNA Traffic Channel
We will use reasonable endeavours toprovide the SUNA Traffic Channel 24 hoursa day, 365 days a year. The SUNA TrafficChannel may occasionally be unavailable fortechnical reasons or for plannedmaintenance. We will try to performmaintenance at times when congestion islight. We reserve the right to withdraw SUNAProducts and/or Services at any time.
Also, we cannot assure the uninterruptedreception of the SUNA Traffic ChannelRDS-TMC signal at any particular location.
6. Limitation of Liability
Neither Intelematics (nor its suppliers or themanufacturer of your device (the“Suppliers”)) shall be liable to you or to anythird party for any damages either direct,indirect, incidental, consequential orotherwise arising out of the use of or inabilityto use SUNA Products and/or Services evenif Intelematics or a Supplier has been advisedof the possibility of such damages. You alsoacknowledge that the neither Intelematicsnor any Supplier guarantees nor make anywarranties that relate to the availability,accuracy or completeness of SUNA Products
and/or Services, and to the extent which itis lawful to do so, both Intelematics and eachSupplier excludes any warranties whichmight otherwise be implied by any State orFederal legislation in relation to SUNAProducts and/or Services.
7. Please Note
Great care has been taken in preparing thismanual. Constant product development maymean that some information is not entirelyup-to-date. The information in this documentis subject to change without notice.
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