2019 LINCOLN MKT service

END USER LICENSE AGREEMENT
VEHICLE SOFTWARE END USERLICENSE AGREEMENT (EULA)
•You (“You” or “Your” as applicable) haveacquired a vehicle having severaldevices, including SYNC ® and variouscontrol modules, ("DEVICES") that includesoftware licensed or owned by FordMotor Company and its affiliates ("FORDMOTOR COMPANY"). Those softwareproducts of FORD MOTOR COMPANYorigin, as well as associated media,printed materials, and "online" orelectronic documentation ("SOFTWARE")are protected by international intellectualproperty laws and treaties. TheSOFTWARE is licensed, not sold. Allrights reserved.
•The SOFTWARE may interface withand/or communicate with, or may be laterupgraded to interface with and/orcommunicate with additional softwareand/or systems provided by FORDMOTOR COMPANY.
IF YOU DO NOT AGREE TO THIS ENDUSER LICENSE AGREEMENT ("EULA") DONOT USE THE DEVICES OR COPY THESOFTWARE. ANY USE OF THE SOFTWARE,INCLUDING BUT NOT LIMITED TO USE ONTHE DEVICES, WILL CONSTITUTE YOURAGREEMENT TO THIS EULA (ORRATIFICATION OF ANY PREVIOUSCONSENT).
GRANT OF SOFTWARE LICENSE: This EULAgrants you the following license:
•You may use the SOFTWARE as installedon the DEVICES and as otherwiseinterfacing with systems and/or servicesprovide by or through FORD MOTORCOMPANY or its third party software andservice providers.
Description of Other Rights and Limitations
•Speech Recognition: If the SOFTWAREincludes speech recognitioncomponent(s), you should understandthat speech recognition is an inherentlystatistical process and that recognitionerrors are inherent in the process.Neither FORD MOTOR COMPANY nor
its suppliers shall be liable for anydamages arising out of errors in thespeech recognition process. It is yourresponsibility to monitor any speechrecognition functions included in thesystem.
•Limitations on Reverse Engineering,Decompilation and Disassembly: Youmay not reverse engineer, decompile,translate, disassemble or attempt todiscover any source code or underlyingideas or algorithms of the SOFTWAREnor permit others to reverse engineer,decompile or disassemble theSOFTWARE, except and only to theextent that such activity is expresslypermitted by applicable lawnotwithstanding this limitation or to theextent as may be permitted by thelicensing terms governing use of anyopen source components included withthe SOFTWARE.
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•Limitations on Distributing, Copying,Modifying and Creating DerivativeWorks: You may not distribute, copy,make modifications to or createderivative works based on theSOFTWARE, except and only to theextent that such activity is expresslypermitted by applicable lawnotwithstanding this limitation or to theextent as may be permitted by thelicensing terms governing use of anyopen source components included withthe SOFTWARE.
•Single EULA: The end userdocumentation for the DEVICES andrelated systems and services may containmultiple EULAs, such as multipletranslations and/or multiple mediaversions (e.g., in the user documentationand in the software). Even if you receivemultiple EULAs, you are licensed to useonly one (1) copy of the SOFTWARE.
•SOFTWARE Transfer: You maypermanently transfer your rights underthis EULA only as part of a sale or transferof the DEVICES, provided you retain nocopies, you transfer all of the SOFTWARE(including all component parts, the mediaand printed materials, any upgrades, and,if applicable, the Certificate(s) ofAuthenticity), and the recipient agrees tothe terms of this EULA. If the SOFTWAREis an upgrade, any transfer must includeall prior versions of the SOFTWARE.
•Termination: Without prejudice to anyother rights, FORD MOTOR COMPANYmay terminate this EULA if you fail tocomply with the terms and conditions ofthis EULA.
•Internet-Based Services Components:The SOFTWARE may containcomponents that enable and facilitatethe use of certain Internet-basedservices. You acknowledge and agreethat FORD MOTOR COMPANY, thirdparty software and service suppliers, itsaffiliates and/or its designated agent may
automatically check the version of theSOFTWARE and/or its components thatyou are utilizing and may provideupgrades or supplements to theSOFTWARE that may be automaticallydownloaded to your DEVICES.
•Additional Software/Services: TheSOFTWARE may permit FORD MOTORCOMPANY, third party software andservice suppliers, its affiliates and/or itsdesignated agent to provide or makeavailable to you SOFTWARE updates,supplements, add-on components, orInternet-based services components ofthe SOFTWARE after the date you obtainyour initial copy of the SOFTWARE("Supplemental Components".)SOFTWARE updates may cause you toincur additional charges from yourwireless service provider. If FORDMOTOR COMPANY or third partysoftware and services suppliers provideor make available to you SupplementalComponents and no other EULA termsare provided along with theSupplemental Components, then theterms of this EULA shall apply. FORD
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MOTOR COMPANY, its affiliates and/orits designated agent reserve the right todiscontinue without liability anyInternet-based services provided to youor made available to you through the useof the SOFTWARE.
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•Links to Third Party Sites: TheSOFTWARE may provide you with theability to link to third party sites. The thirdparty sites are not under the control ofFORD MOTOR COMPANY, its affiliatesand/or its designated agent. NeitherFORD MOTOR COMPANY nor itsaffiliates nor its designated agent areresponsible for (I) the contents of anythird party sites, any links contained inthird party sites, or any changes orupdates to third party sites, or (ii)webcasting or any other form oftransmission received from any thirdparty sites. If the SOFTWARE provideslinks to third party sites, those links areprovided to you only as a convenience,and the inclusion of any link does notimply an endorsement of the third partysite by FORD MOTOR COMPANY, itsaffiliates and/or its designated agent.
•Obligation to Drive Responsibly: Yourecognize your obligation to driveresponsibly and keep attention on theroad. You will read and abide with theDEVICES operating instructionsparticularly as they pertain to safety andyou agree to assume any risk associated
with the use of the DEVICES.
UPGRADES AND RECOVERY MEDIA: If theSOFTWARE is provided by FORD MOTORCOMPANY separate from the DEVICES onmedia such as a ROM chip, CD ROM disk(s)or via web download or other means, and islabeled "For Upgrade Purposes Only" or "ForRecovery Purposes Only" you may install one(1) copy of such SOFTWARE onto theDEVICES as a replacement copy for theexisting SOFTWARE, and use it inaccordance with this EULA, including anyadditional EULA terms accompanying theupgrade SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS: Alltitle and intellectual property rights in and tothe SOFTWARE (including but not limited toany images, photographs, animations, video,audio, music, text and "applets" incorporatedinto the SOFTWARE), the accompanyingprinted materials, and any copies of theSOFTWARE, are owned by FORD MOTORCOMPANY, or its affiliates or suppliers. TheSOFTWARE is licensed, not sold. You maynot copy the printed materials accompanyingthe SOFTWARE. All title and intellectualproperty rights in and to the content which
may be accessed through use of theSOFTWARE is the property of the respectivecontent owner and may be protected byapplicable copyright or other intellectualproperty laws and treaties. This EULA grantsyou no rights to use such content outside itsintended use. All rights not specificallygranted under this EULA are reserved byFORD MOTOR COMPANY, its affiliates, andthird party software and service providersand suppliers. Use of any on-line serviceswhich may be accessed through theSOFTWARE may be governed by therespective terms of use relating to suchservices. If this SOFTWARE containsdocumentation that is provided only inelectronic form, you may print one copy ofsuch electronic documentation.
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EXPORT RESTRICTIONS: You acknowledgethat the SOFTWARE is subject to U.S. andEuropean Union export jurisdiction. Youagree to comply with all applicableinternational and national laws that apply tothe SOFTWARE, including the U.S. ExportAdministration Regulations, as well asend-user, end-use and destinationrestrictions issued by U.S. and othergovernments.
TRADEMARKS: This EULA does not grantyou any rights in connection with anytrademarks or service marks of FORDMOTOR COMPANY, its affiliates, and thirdparty software and service providers.
PRODUCT SUPPORT: Please refer to FORDMOTOR COMPANY instructions provided inthe documentation for the DEVICES productsupport, such as the vehicle owner guide.
Should you have any questions concerningthis EULA, or if you desire to contact FORDMOTOR COMPANY for any other reason,please refer to the address provided in thedocumentation for the DEVICES.
No Liability for Certain Damages: EXCEPTAS PROHIBITED BY LAW, FORD MOTORCOMPANY, ANY THIRD PARTY SOFTWAREOR SERVICES SUPPLIERS, AND THEIRAFFILIATES SHALL HAVE NO LIABILITY FORANY INDIRECT, SPECIAL, CONSEQUENTIALOR INCIDENTAL DAMAGES ARISING FROMOR IN CONNECTION WITH THE USE ORPERFORMANCE OF THE SOFTWARE. THISLIMITATION SHALL APPLY EVEN IF ANYREMEDY FAILS OF ITS ESSENTIALPURPOSE. THERE ARE NO WARRANTIESOTHER THAN THOSE THAT MAY BEEXPRESSLY PROVIDED FOR YOUR NEWVEHICLE.
SYNC® Automotive Important SafetyInformation Read and follow instructions:
•Before using your SYNC® system, readand follow all instructions and safetyinformation provided in this end usermanual ("Owner Guide".) Not followingprecautions found in the Owner Guidecan lead to an accident or other seriousinjuries.
General Operation
•Voice Command Control: Certainfunctions within the SYNC® system maybe accomplished using voice commands.Using voice commands while drivinghelps you to operate the system withoutremoving your hands from the wheel oreyes from the road.
•Prolonged Views of Screen: Do notaccess any function requiring aprolonged view of the screen while youare driving. Pull over in a safe and legalmanner before attempting to access afunction of the system requiringprolonged attention.
•Volume Setting: Do not raise the volumeexcessively. Keep the volume at a levelwhere you can still hear outside trafficand emergency signals while driving.Driving while unable to hear thesesounds could cause an accident.
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•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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•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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OR WRITTEN INFORMATION OR ADVICEGIVEN BY FORD MOTOR COMPANY OR ITSAUTHORIZED REPRESENTATIVE SHALLCREATE A WARRANTY. SHOULD THESOFTWARE, THIRD PARTY SOFTWARE, ORTHIRD-PARTY SERVICES PROVEDEFECTIVE, YOU ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION. SOMEJURISDICTIONS DO NOT ALLOW THEDISCLAIMER OF IMPLIED WARRANTIES ORLIMITATIONS ON APPLICABLE STATUTORYRIGHTS OF A CONSUMER, SO THE ABOVEDISCLAIMER MAY NOT FULLY APPLY TOYOU. THE SOLE WARRANTY PROVIDED BYFORD MOTOR COMPANY SHALL BE FOUNDIN THE WARRANTY INFORMATIONINCLUDING WITH YOUR OWNER GUIDE. TOTHE EXTENT THAT THERE IS ANYCONFLICT BETWEEN THE TERMS OF THISSECTION AND THE WARRANTY BOOKLET,THE WARRANTY BOOKLET SHALLCONTROL.
Applicable Law, Venue, Jurisdiction
•The laws of the State of Michigan governthis EULA and Your use of theSOFTWARE. Your use of the SOFTWAREmay also be subject to other local, state,national, or international laws. Anylitigation arising out of or related to thisEULA shall be brought and maintainedexclusively in a court of the State ofMichigan located in Wayne County or inthe United States District Court for theEastern District of Michigan. You herebyconsent to submit to the personaljurisdiction of a court in the State ofMichigan located in Wayne County andthe United States District Court for theEastern District of Michigan for anydispute arising out of or relating to thisEULA.
Binding Arbitration and Class Action Waiver
(a) Application. This Section applies to anydispute EXCEPT IT DOES NOT INCLUDE ADISPUTE RELATING TO COPYRIGHTINFRINGEMENT, OR TO THEENFORCEMENT OR VALIDITY OF YOUR,FORD MOTOR COMPANY, OR ANY OF
FORD MOTOR COMPANY’S LICENSORS’INTELLECTUAL PROPERTY RIGHTS. Disputemeans any dispute, action, or othercontroversy between You and FORD MOTORCOMPANY, other than the exceptions listedabove, concerning the SOFTWARE (includingits price) or this EULA, whether in contract,warranty, tort, statute, regulation, ordinance,or any other legal or equitable basis.
(b) Notice of Dispute. In the event of aDispute, You or FORD MOTOR COMPANYmust give the other a “Notice of Dispute”,which is a written statement of the name,address, and contact information of the partygiving it, the facts giving rise to the dispute,and the relief requested. You and FORDMOTOR COMPANY will attempt to resolveany dispute through informal negotiationwithin 60 days from the date the Notice ofDispute is sent. After 60 days, You or FORDMOTOR COMPANY may commencearbitration.
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