2020 FORD FUSION ESP

IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA")
DO NOT USE THE DEVICES OR COPY
THE SOFTWARE. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT
LIMITED TO USE ON THE DEVICES,
WILL CONSTITUTE YOUR AGREEMENT
TO THIS EULA (OR RATIFICATION OF
ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This
EULA grants you the following license:
• You may use the SOFTWARE as
installed on the DEVICES and as
otherwise interfacing with systems
and/or services provide by or through
FORD MOTOR COMPANY or its third
party software and service providers.
Description of Other Rights and
Limitations
• Speech Recognition:
If the
SOFTWARE includes speech
recognition component(s), you should
understand that speech recognition is
an inherently statistical process and
that recognition errors are inherent in
the process. Neither FORD MOTOR COMPANY nor its suppliers shall be
liable for any damages arising out of
errors in the speech recognition
process. It is your responsibility to
monitor any speech recognition
functions included in the system.
• Limitations on Reverse Engineering,
Decompilation and Disassembly:
You may not reverse engineer,
decompile, translate, disassemble or
attempt to discover any source code
or underlying ideas or algorithms of the
SOFTWARE nor permit others to
reverse engineer, decompile or
disassemble the SOFTWARE, except
and only to the extent that such activity
is expressly permitted by applicable
law notwithstanding this limitation or
to the extent as may be permitted by
the licensing terms governing use of
any open source components included
with the SOFTWARE.
• Limitations on Distributing,
Copying, Modifying and Creating
Derivative Works:
You may not
distribute, copy, make modifications
to or create derivative works based on
the SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation or to
the extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.
• Single EULA:
The end user
documentation for the DEVICES and
related systems and services may
contain multiple EULAs, such as
multiple translations and/or multiple
media versions (e.g., in the user
documentation and in the software).
Even if you receive multiple EULAs, you
are licensed to use only one (1) copy of
the SOFTWARE.
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•
SOFTWARE Transfer: You may
permanently transfer your rights under
this EULA only as part of a sale or
transfer of the DEVICES, provided you
retain no copies, you transfer all of the
SOFTWARE (including all component
parts, the media and printed materials,
any upgrades, and, if applicable, the
Certificate(s) of Authenticity), and the
recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade,
any transfer must include all prior
versions of the SOFTWARE.
• Termination: Without prejudice to any
other rights, FORD MOTOR COMPANY
may terminate this EULA if you fail to
comply with the terms and conditions
of this EULA.
• Internet-Based Services
Components:
The SOFTWARE may
contain components that enable and
facilitate the use of certain
Internet-based services. You
acknowledge and agree that FORD
MOTOR COMPANY, third party
software and service suppliers, its
affiliates and/or its designated agent
may automatically check the version
of the SOFTWARE and/or its
components that you are utilizing and
may provide upgrades or supplements
to the SOFTWARE that may be
automatically downloaded to your
DEVICES.
• Additional Software/Services: The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or
its designated agent to provide or make
available to you SOFTWARE updates,
supplements, add-on components, or
Internet-based services components
of the SOFTWARE after the date you
obtain your initial copy of the
SOFTWARE ("Supplemental
Components".) SOFTWARE updates
may cause you to incur additional charges from your wireless service
provider. If FORD MOTOR COMPANY
or third party software and services
suppliers provide or make available to
you Supplemental Components and
no other EULA terms are provided
along with the Supplemental
Components, then the terms of this
EULA shall apply. FORD MOTOR
COMPANY, its affiliates and/or its
designated agent reserve the right to
discontinue without liability any
Internet-based services provided to
you or made available to you through
the use of the SOFTWARE.
• Links to Third Party Sites:
The
SOFTWARE may provide you with the
ability to link to third party sites. The
third party sites are not under the
control of FORD MOTOR COMPANY,
its affiliates and/or its designated
agent. Neither FORD MOTOR
COMPANY nor its affiliates nor its
designated agent are responsible for
(I) the contents of any third party sites,
any links contained in third party sites,
or any changes or updates to third
party sites, or (ii) webcasting or any
other form of transmission received
from any third party sites. If the
SOFTWARE provides links to third
party sites, those links are provided to
you only as a convenience, and the
inclusion of any link does not imply an
endorsement of the third party site by
FORD MOTOR COMPANY, its affiliates
and/or its designated agent.
• Obligation to Drive Responsibly:
You recognize your obligation to drive
responsibly and keep attention on the
road. You will read and abide with the
DEVICES operating instructions
particularly as they pertain to safety
and you agree to assume any risk
associated with the use of the
DEVICES.
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UPGRADES AND RECOVERY MEDIA:
If the SOFTWARE is provided by FORD
MOTOR COMPANY separate from the
DEVICES on media such as a ROM chip,
CD ROM disk(s) or via web download or
other means, and is labeled "For Upgrade
Purposes Only" or "For Recovery Purposes
Only" you may install one (1) copy of such
SOFTWARE onto the DEVICES as a
replacement copy for the existing
SOFTWARE, and use it in accordance with
this EULA, including any additional EULA
terms accompanying the upgrade
SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:
All title and intellectual property rights in
and to the SOFTWARE (including but not
limited to any images, photographs,
animations, video, audio, music, text and
"applets" incorporated into the
SOFTWARE), the accompanying printed
materials, and any copies of the
SOFTWARE, are owned by FORD MOTOR
COMPANY, or its affiliates or suppliers. The
SOFTWARE is licensed, not sold. You may
not copy the printed materials
accompanying the SOFTWARE. All title
and intellectual property rights in and to
the content which may be accessed
through use of the SOFTWARE is the
property of the respective content owner
and may be protected by applicable
copyright or other intellectual property
laws and treaties. This EULA grants you no
rights to use such content outside its
intended use. All rights not specifically
granted under this EULA are reserved by
FORD MOTOR COMPANY, its affiliates,
and third party software and service
providers and suppliers. Use of any on-line
services which may be accessed through
the SOFTWARE may be governed by the
respective terms of use relating to such
services. If this SOFTWARE contains
documentation that is provided only in
electronic form, you may print one copy of
such electronic documentation.
EXPORT RESTRICTIONS: You
acknowledge that the SOFTWARE is
subject to U.S. and European Union export
jurisdiction. You agree to comply with all
applicable international and national laws
that apply to the SOFTWARE, including
the U.S. Export Administration Regulations,
as well as end-user, end-use and
destination restrictions issued by U.S. and
other governments.
TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, its affiliates, and third
party software and service providers.
PRODUCT SUPPORT:
Please refer to
FORD MOTOR COMPANY instructions
provided in the documentation for the
DEVICES product support, such as the
vehicle owner guide.
Should you have any questions concerning
this EULA, or if you desire to contact FORD
MOTOR COMPANY for any other reason,
please refer to the address provided in the
documentation for the DEVICES.
No Liability for Certain Damages:
EXCEPT AS PROHIBITED BY LAW, FORD
MOTOR COMPANY, ANY THIRD PARTY
SOFTWARE OR SERVICES SUPPLIERS,
AND THEIR AFFILIATES SHALL HAVE NO
LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. THERE ARE NO WARRANTIES
OTHER THAN THOSE THAT MAY BE
EXPRESSLY PROVIDED FOR YOUR NEW
VEHICLE.
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SYNC® Automotive Important Safety
Information Read and follow
instructions:
•
Before using your SYNC® system, read
and follow all instructions and safety
information provided in this end user
manual ("Owner Guide".) Not
following precautions found in the
Owner Guide can lead to an accident
or other serious injuries.
General Operation
• Voice Command Control: Certain
functions within the SYNC® system
may be accomplished using voice
commands. Using voice commands
while driving helps you to operate the
system without removing your hands
from the wheel or eyes from the road.
• Prolonged Views of Screen:
Do not
access any function requiring a
prolonged view of the screen while you
are driving. Pull over in a safe and legal
manner before attempting to access a
function of the system requiring
prolonged attention.
• Volume Setting:
Do not raise the
volume excessively. Keep the volume
at a level where you can still hear
outside traffic and emergency signals
while driving. Driving while unable to
hear these sounds could cause an
accident.
• Navigation Features:
Any navigation
features included in the system are
intended to provide turn by turn
instructions to get you to a desired
destination. Please make certain all
persons using this system carefully
read and follow instructions and safety
information fully. •
Distraction Hazard:
Any navigation
features may require manual
(non-verbal) setup. Attempting to
perform such set-up or insert data
while driving can distract your attention
and could cause an accident or other
serious injury. Stop the vehicle in a safe
and legal manner before attempting
these operations.
• Let Your Judgment Prevail:
Any
navigation features are provided only
as an aid. Make your driving decisions
based on your observations of local
conditions and existing traffic
regulations. Any such feature is not a
substitute for your personal judgment.
Any route suggestions made by this
system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.
• Route Safety: Do not follow the route
suggestions if doing so would result in
an unsafe or illegal maneuver, if you
would be placed in an unsafe situation,
or if you would be directed into an area
that you consider unsafe. The driver is
ultimately responsible for the safe
operation of the vehicle and therefore,
must evaluate whether it is safe to
follow the suggested directions.
• Potential Map Inaccuracy:
Maps
used by this system may be inaccurate
because of changes in roads, traffic
controls or driving conditions. Always
use good judgment and common sense
when following the suggested routes.
• Emergency Services:
Do not rely on
any navigation features included in the
system to route you to emergency
services. Ask local authorities or an
emergency services operator for these
locations. Not all emergency services
such as police, fire stations, hospitals
and clinics are likely to be contained in
the map database for such navigation
features.
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Your Responsibilities and Assumptions of
Risk
•
You agree to each of the following:(a)
Any use of the SOFTWARE while
driving an automobile or other vehicle
in violation of applicable law or
otherwise driving in an unsafe manner
presents a significant risk of distracted
driving and should not be attempted
under any circumstances;(b) Use of
the SOFTWARE at excessive volume
poses a significant risk of hearing
damage and should not be attempted
under any circumstances;(c) The
SOFTWARE may not be compatible
with new or different versions of an
operating system, third party software,
or third party services, and the
SOFTWARE may potentially cause a
critical failure of an operating system,
third party software, or third party
service.(d) Any third party service
accessed by or third party software
used with the SOFTWARE (I) may
charge an additional fee for access, (ii)
may not work correctly, on an
uninterrupted basis, or error free, (iii)
may change streaming formats or
discontinue operation, (iv) may contain
adult, profane or offensive content; and
(v) may contain inaccurate, false or
misleading traffic, weather, financial
or safety information or other content;
and (e) Use of the SOFTWARE may
cause you to incur additional charges
from your wireless service provider
(WSP) and any data or minute
calculators that may be included in the
software program are for reference
only, are not warranted in any way and
should not be relied upon in anyway.
• When using the SOFTWARE, you agree
to be responsible for and assume the
entire risk to the items set forth in
Section (a) – (e) above. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE DEVICES AND
SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY,
PERFORMANCE, COMPATIBILITY,
ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE
AND ANY THIRD PARTY SOFTWARE OR
THIRD-PARTY SERVICES ARE PROVIDED
"AS IS" AND
“AS AVAILABLE” , WITH ALL
FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND FORD MOTOR COMPANY
HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO
THE SOFTWARE, THIRD PARTY
SOFTWARE, AND THIRD-PARTY
SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR AN
ARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. FORD MOTOR COMPANY DOES
NOT WARRANT (a) AGAINST
INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES,
(b) THAT THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES
WILL MEET YOUR REQUIREMENTS, (c)
THAT THE OPERATION OF THE
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, (d)
OR THAT DEFECTS IN THE SOFTWARE,
THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES WILL BE
CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
FORD MOTOR COMPANY OR ITS
AUTHORIZED REPRESENTATIVE SHALL
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2. Account Information
You agree: (a) when registering the
TeleNav Software, to provide TeleNav with
true, accurate, current, and complete
information about yourself, and (b) to
inform TeleNav promptly of any changes
to such information, and to keep it true,
accurate, current and complete.
3. Software License
•
Subject to your compliance with the
terms of this Agreement, TeleNav
hereby grants to you a personal,
non-exclusive, non-transferable license
(except as expressly permitted below
in connection with your permanent
transfer of the TeleNav Software
license), without the right to
sublicense, to use the TeleNav
Software (in object code form only) in
order to access and use the TeleNav
Software. This license shall terminate
upon any termination or expiration of
this Agreement. You agree that you will
use the TeleNav Software only for your
personal business or leisure purposes,
and not to provide commercial
navigation services to other parties.
3.1 License Limitations
• (a) reverse engineer, decompile,
disassemble, translate, modify, alter
or otherwise change the TeleNav
Software or any part thereof;
(b)
attempt to derive the source code,
audio library or structure of the
TeleNav Software without the prior
express written consent of TeleNav;
(c)
remove from the TeleNav
Software, or alter, any of TeleNav's or
its suppliers' trademarks, trade names,
logos, patent or copyright notices, or
other notices or markings;
(d) distribute, sublicense or otherwise
transfer the TeleNav Software to
others, except as part of your
permanent transfer of the TeleNav
Software; or
(e) use the TeleNav
Software in any manner that
I. infringes the intellectual property or
proprietary rights, rights of publicity or
privacy or other rights of any party,
ii. violates any law, statute, ordinance or
regulation, including but not limited to laws
and regulations related to spamming,
privacy, consumer and child protection,
obscenity or defamation, or
iii. is harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar,
obscene, libelous, or otherwise
objectionable; and (f) lease, rent out, or
otherwise permit unauthorized access by
third parties to the TeleNav Software
without advanced written permission of
TeleNav.
4. Disclaimers
• To the fullest extent permissible
pursuant to applicable law, in no event
will TeleNav, its licensors and suppliers,
or agents or employees of any of the
foregoing, be liable for any decision
made or action taken by you or anyone
else in reliance on the information
provided by the TeleNav Software.
TeleNav also does not warrant the
accuracy of the map or other data used
for the TeleNav Software. Such data
may not always reflect reality due to,
among other things, road closures,
construction, weather, new roads and
other changing conditions. You are
responsible for the entire risk arising
out of your use of the TeleNav
Software. For example but without
limitation, you agree not to rely on the
TeleNav Software for critical
navigation in areas where the
well-being or survival of you or others
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is dependent on the accuracy of
navigation, as the maps or functionality
of the TeleNav Software are not
intended to support such high risk
applications, especially in more remote
geographical areas.
• TELENAV EXPRESSLY DISCLAIMS
AND EXCLUDES ALL WARRANTIES IN
CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ALL
WARRANTIES WHICH MAY ARISE
FROM COURSE OF DEALING, CUSTOM
OR TRADE AND INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS WITH
RESPECT TO THE TELENAV
SOFTWARE.
• Certain jurisdictions do not permit the
disclaimer of certain warranties, so this
limitation may not apply to you.
5. Limitation of Liability
• TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV
OR ITS LICENSORS AND SUPPLIERS
BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING IN EACH CASE, BUT NOT
LIMITED TO, DAMAGES FOR THE
INABILITY TO USE THE EQUIPMENT
OR ACCESS DATA, LOSS OF DATA,
LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION
OR THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE
TELENAV SOFTWARE, EVEN IF
TELENAV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES
REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN
CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE), THE
ENTIRE LIABILITY OF TELENAV AND
OF ALL OF TELENAV'S SUPPLIERS
SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE
TELENAV SOFTWARE. SOME STATES
AND/OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
• You agree that any dispute, claim or
controversy arising out of or relating to
this Agreement or the TeleNav
Software shall be settled by
independent arbitration involving a
neutral arbitrator and administered by
the American Arbitration Association
in the County of Santa Clara, California.
The arbitrator shall apply the
Commercial Arbitration Rules of the
American Arbitration Association, and
the judgment upon the award rendered
by the arbitrator may be entered by any
court having jurisdiction. Note that
there is no judge or jury in an arbitration
proceeding and the decision of the
arbitrator shall be binding upon both
parties. You expressly agree to waive
your right to a jury trial. This Agreement
and performance hereunder will be
governed by and construed in
accordance with the laws of the State
of California, without giving effect to
its conflict of law provisions. To the
extent judicial action is necessary in
connection with the binding arbitration,
both TeleNav and you agree to submit
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to the exclusive jurisdiction of the
courts of the County of Santa Clara,
California. The United Nations
Convention on Contracts for the
International Sale of Goods shall not
apply.
7. Assignment
• You may not resell, assign, or transfer
this Agreement or any of your rights or
obligations, except in totality, in
connection with your permanent
transfer of the TeleNav Software, and
expressly conditioned upon the new
user of the TeleNav Software agreeing
to be bound by the terms and
conditions of this Agreement. Any such
sale, assignment or transfer that is not
expressly permitted under this
paragraph will result in immediate
termination of this Agreement, without
liability to TeleNav, in which case you
and all other parties shall immediately
cease all use of the TeleNav Software.
Notwithstanding the foregoing,
TeleNav may assign this Agreement to
any other party at any time without
notice, provided the assignee remains
bound by this Agreement.
8. Miscellaneous
8.1
This Agreement constitutes the entire
agreement between TeleNav and you with
respect to the subject matter hereof.
8.2
Except for the limited licenses expressly
granted in this Agreement, TeleNav retains
all right, title and interest in and to the
TeleNav Software, including without
limitation all related intellectual property
rights. No licenses or other rights which are
not expressly granted in this Agreement
are intended to, or shall be, granted or conferred by implication, statute,
inducement, estoppel or otherwise, and
TeleNav and its suppliers and licensors
hereby reserve all of their respective rights
other than the licenses explicitly granted
in this Agreement.
8.3
By using the TeleNav Software, you
consent to receive from TeleNav all
communications, including notices,
agreements, legally required disclosures
or other information in connection with the
TeleNav Software (collectively, "Notices")
electronically. TeleNav may provide such
Notices by posting them on TeleNav's
Website or by downloading such Notices
to your wireless device. If you desire to
withdraw your consent to receive Notices
electronically, you must discontinue your
use of the TeleNav Software.
8.4
TeleNav's or your failure to require
performance of any provision shall not
affect that party's right to require
performance at any time thereafter, nor
shall a waiver of any breach or default of
this Agreement constitute a waiver of any
subsequent breach or default or a waiver
of the provision itself.
8.5
If any provision herein is held
unenforceable, then such provision will be
modified to reflect the intention of the
parties, and the remaining provisions of
this Agreement will remain in full force and
effect.
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