2019 LINCOLN MKZ Owners Manual

(c) Small claims court. You may also litigateany dispute in small claims court in yourcounty of residence or FORD MOTORCOMPANY’S principal place of business, ifthe dispute meets all requirements to beheard in the small claims court. You maylitigate in small claims court whether or notYou negotiated informally first.
(d) Binding arbitration. If You and FORDMOTOR COMPANY, do not resolve anydispute by informal negotiation or in smallclaims court, any other effort to resolve thedispute will be conducted exclusively bybinding arbitration. You are giving up theright to litigate (or participate in as a party orclass member) all disputes in court before ajudge or jury. Instead, all disputes will beresolved before a neutral arbitrator, whosedecision will be final except for a limited rightof appeal under the Federal Arbitration Act.Any court with jurisdiction over the partiesmay enforce the arbitrator’s award.
(e) Class action waiver. Any proceedings toresolve or litigate any dispute in any forumwill be conducted solely on an individualbasis. Neither you nor FORD MOTORCOMPANY, will seek to have any disputeheard as a class action, as a private attorneygeneral action, or in any other proceedingin which any party acts or proposes to act ina representative capacity. No arbitration orproceeding will be combined with anotherwithout the prior written consent of all partiesto all affected arbitrations or proceedings.
(f ) Arbitration procedure. Any arbitrationwill be conducted by the AmericanArbitration Association (the “AAA”), under itsCommercial Arbitration Rules. If You are anindividual and use the SOFTWARE forpersonal or vehicle use, or if the value of thedispute is $75,000 or less whether or notYou are an individual or how You use theSOFTWARE, the AAA SupplementaryProcedures for Consumer-Related Disputeswill also apply. To commence arbitration,submit a Commercial Arbitration RulesDemand for Arbitration form to the AAA. Youmay request a telephonic or in-personhearing by following the AAA rules. In a
dispute involving $10,000 or less, anyhearing will be telephonic unless thearbitrator finds good cause to hold anin-person hearing instead. For moreinformation, see adr.org or call1-800-778-7879. You agree to commencearbitration only in your county of residenceor FORD MOTOR COMPANY’S principalplace of business. The arbitrator may awardthe same damages to You individually as acourt could. The arbitrator may awarddeclaratory or injunctive relief only to Youindividually, and only to the extent requiredto satisfy Your individual claim.
(g) Arbitration fees and incentives.
•I. Disputes involving $75,000 or less.FORD MOTOR COMPANY will promptlyreimburse your filing fees and pay theAAA’s and arbitrator’s fees andexpenses. If you reject FORD MOTORCOMPANY’S last written settlement offermade before the arbitrator was appointed(“last written offer”), your dispute goesall the way to an arbitrator’s decision(called an “award”), and the arbitratorawards you more than the last writtenoffer, FORD MOTOR COMPANY will give
550
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

you three incentives: (1) pay the greaterof the award or $1,000; (2) pay twice yourreasonable attorney’s fees, if any; and (3)reimburse any expenses (including expertwitness fees and costs) that your attorneyreasonably accrues for investigating,preparing, and pursuing your claim inarbitration. The arbitrator will determinethe amounts.
•ii. Disputes involving more than $75,000.The AAA rules will govern payment offiling fees and the AAA’s and arbitrator’sfees and expenses.
•iii. Disputes involving any amount. In anyarbitration you commence, FORDMOTOR COMPANY will seek its AAA orarbitrator’s fees and expenses, or Yourfiling fees it reimbursed, only if thearbitrator finds the arbitration frivolousor brought for an improper purpose. Inany arbitration FORD MOTOR COMPANYcommences, it will pay all filing, AAA, andarbitrator’s fees and expenses. It will notseek its attorney’s fees or expenses fromyou in any arbitration. Fees and expensesare not counted in determining howmuch a dispute involves.
(h) Claims or disputes must be filed withinone year. To the extent permitted by law,any claim or dispute under this EULA towhich this Section applies must be filedwithin one year in small claims court (Sectionc) or in arbitration (Section d). The one-yearperiod begins when the claim or dispute firstcould be filed. If such a claim or dispute isnot filed within one year, it is permanentlybarred.
(I) Severability. If the class action waiver(Section e) is found to be illegal orunenforceable as to all or some parts of adispute, then that portion of Section e willnot apply to those parts. Instead, those partswill be severed and proceed in a court oflaw, with the remaining parts proceeding inarbitration. If any other provision of thatportion Section e is found to be illegal orunenforceable, that provision will be severedwith the remainder of Section e remaining infull force and effect.
Telenav Software End User LicenseAgreement
Please read these terms and conditionscarefully before you use the TeleNavSoftware. Your use of the TeleNav Softwareindicates that you accept these terms andconditions. If you do not accept these termsand conditions, do not break the seal of thepackage, launch, or otherwise use theTeleNav Software. TeleNav may revise thisAgreement and the privacy policy at anytime, with or without notice to you. You agreeto visit http://www.telenav.com from time totime to review the then current version ofthis Agreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attention tothe TeleNav Software may pose a risk ofinjury or death to you and others in situationsthat otherwise require your undividedattention, and you therefore agree to complywith the following when using the TeleNavSoftware:
(a) observe all traffic laws and otherwise drivesafely;
551
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

(b) use your own personal judgment whiledriving. If you feel that a route suggested bythe TeleNav Software instructs you toperform an unsafe or illegal maneuver,places you in an unsafe situation, or directsyou into an area that you consider to beunsafe, do not follow such instructions;
(c) do not input destinations, or otherwisemanipulate the TeleNav Software, unlessyour vehicle is stationary and parked;
(d) do not use the TeleNav Software for anyillegal, unauthorized, unintended, unsafe,hazardous, or unlawful purposes, or in anymanner inconsistent with this Agreement;
(e) arrange all GPS and wireless devices andcables necessary for use of the TeleNavSoftware in a secure manner in your vehicleso that they will not interfere with yourdriving and will not prevent the operation ofany safety device (such as an airbag).
You agree to indemnify and hold TeleNavharmless against all claims resulting from anydangerous or otherwise inappropriate useof the TeleNav Software in any movingvehicle, including as a result of your failureto comply with the directions above.
2. Account Information
You agree: (a) when registering the TeleNavSoftware, to provide TeleNav with true,accurate, current, and complete informationabout yourself, and (b) to inform TeleNavpromptly of any changes to such information,and to keep it true, accurate, current andcomplete.
3. Software License
•Subject to your compliance with theterms of this Agreement, TeleNav herebygrants to you a personal, non-exclusive,non-transferable license (except asexpressly permitted below in connectionwith your permanent transfer of theTeleNav Software license), without theright to sublicense, to use the TeleNavSoftware (in object code form only) inorder to access and use the TeleNavSoftware. This license shall terminateupon any termination or expiration of thisAgreement. You agree that you will usethe TeleNav Software only for yourpersonal business or leisure purposes,and not to provide commercial navigationservices to other parties.
3.1 License Limitations
•(a) reverse engineer, decompile,disassemble, translate, modify, alter orotherwise change the TeleNav Softwareor any part thereof; (b) attempt to derivethe source code, audio library orstructure of the TeleNav Software withoutthe prior express written consent ofTeleNav; (c) remove from the TeleNavSoftware, or alter, any of TeleNav's or itssuppliers' trademarks, trade names,logos, patent or copyright notices, orother notices or markings; (d) distribute,sublicense or otherwise transfer theTeleNav Software to others, except aspart of your permanent transfer of theTeleNav Software; or (e) use the TeleNavSoftware in any manner that
I. infringes the intellectual property orproprietary rights, rights of publicity orprivacy or other rights of any party,
ii. violates any law, statute, ordinance orregulation, including but not limited to lawsand regulations related to spamming, privacy,consumer and child protection, obscenity ordefamation, or
552
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

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
553
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

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
554
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

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::
555
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

9.1 End User Terms Required by HERENorth America, LLC
The data (“Data”) is provided for yourpersonal, internal use only and not for resale.It is protected by copyright, and is subject tothe following terms and conditions which areagreed to by you, on the one hand, andTelenav (“Telenav”) and its licensors(including their licensors and suppliers) onthe other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includesinformation taken with permission fromCanadian authorities, including: © HerMajesty the Queen in Right of Canada, ©Queen's Printer for Ontario, © Canada PostCorporation, GeoBase®, © Department ofNatural Resources Canada.
HERE holds a non-exclusive license from theUnited States Postal Service® to publish andsell ZIP+4® information.
©United States Postal Service® 2014. Pricesare not established, controlled or approvedby the United States Postal Service®. Thefollowing trademarks and registrations areowned by the USPS: United States PostalService, USPS, and ZIP+4
The Data for Mexico includes certain datafrom Instituto Nacional de Estadística yGeografía.
9.2 End User Terms Required by NAV2(Shanghai) Co., Ltd
The data (“Data”) is provided for yourpersonal, internal use only and not for resale.It is protected by copyright, and is subject tothe following terms and conditions which areagreed to by you, on the one hand, andNAV2 (Shanghai) Co., Ltd (“NAV2”) and itslicensors (including their licensors andsuppliers) on the other hand. 20xx. All rightsreserved
Terms and Conditions
Permitted Use. You agree to use this Datatogether with the Telenav Software solelyfor the internal business and personalpurposes for which you were licensed, andnot for service bureau, time-sharing or othersimilar purposes. Accordingly, but subject tothe restrictions set forth in the followingparagraphs, you agree not to otherwisereproduce, 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 anyform, for any purpose, except to the extentpermitted by mandatory laws.
Restrictions. Except where you have beenspecifically licensed to do so by Telenav, andwithout limiting the preceding paragraph,you may not use this Data (a) with anyproducts, systems, or applications installedor otherwise connected to or incommunication with vehicles, capable ofvehicle navigation, positioning, dispatch, realtime route guidance, fleet management orsimilar applications; or (b) with or in
556
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices

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.
557
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201805, First-Printing
Appendices