2020 LINCOLN AVIATOR service

•
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
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OR WRITTEN INFORMATION OR ADVICE
GIVEN BY FORD MOTOR COMPANY OR ITS
AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE
SOFTWARE, THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE
DISCLAIMER MAY NOT FULLY APPLY TO
YOU. THE SOLE WARRANTY PROVIDED BY
FORD MOTOR COMPANY SHALL BE FOUND
IN THE WARRANTY INFORMATION
INCLUDING WITH YOUR OWNER GUIDE. TO
THE EXTENT THAT THERE IS ANY
CONFLICT BETWEEN THE TERMS OF THIS
SECTION AND THE WARRANTY BOOKLET,
THE WARRANTY BOOKLET SHALL
CONTROL.
Applicable Law, Venue, Jurisdiction
•
The laws of the State of Michigan govern
this EULA and Your use of the
SOFTWARE. Your use of the SOFTWARE
may also be subject to other local, state,
national, or international laws. Any
litigation arising out of or related to this
EULA shall be brought and maintained
exclusively in a court of the State of
Michigan located in Wayne County or in
the United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal
jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.
Binding Arbitration and Class Action Waiver
(a) Application. This Section applies to any
dispute EXCEPT IT DOES NOT INCLUDE A
DISPUTE RELATING TO COPYRIGHT
INFRINGEMENT, OR TO THE
ENFORCEMENT OR VALIDITY OF YOUR,
FORD MOTOR COMPANY, OR ANY OF FORD MOTOR COMPANY’S LICENSORS’
INTELLECTUAL PROPERTY RIGHTS. Dispute
means any dispute, action, or other
controversy between You and FORD MOTOR
COMPANY, other than the exceptions listed
above, concerning the SOFTWARE (including
its 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 a
Dispute, You or FORD MOTOR COMPANY
must give the other a “Notice of Dispute ”,
which is a written statement of the name,
address, and contact information of the party
giving it, the facts giving rise to the dispute,
and the relief requested. You and FORD
MOTOR COMPANY will attempt to resolve
any dispute through informal negotiation
within 60 days from the date the Notice of
Dispute is sent. After 60 days, You or FORD
MOTOR COMPANY may commence
arbitration.
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(b) use your own personal judgment while
driving. If you feel that a route suggested by
the TeleNav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions;
(c) do not input destinations, or otherwise
manipulate the TeleNav Software, unless
your vehicle is stationary and parked;
(d) do not use the TeleNav Software for any
illegal, unauthorized, unintended, unsafe,
hazardous, or unlawful purposes, or in any
manner inconsistent with this Agreement;
(e) arrange all GPS and wireless devices and
cables necessary for use of the TeleNav
Software in a secure manner in your vehicle
so that they will not interfere with your
driving and will not prevent the operation of
any safety device (such as an airbag).
You agree to indemnify and hold TeleNav
harmless against all claims resulting from any
dangerous or otherwise inappropriate use
of the TeleNav Software in any moving
vehicle, including as a result of your failure
to comply with the directions above.
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
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9.1 End User Terms Required by HERE
North America, LLC
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
Telenav (“Telenav”) and its licensors
(including their licensors and suppliers) on
the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada.
HERE holds a non-exclusive license from the
United States Postal Service® to publish and
sell ZIP+4® information. ©United States Postal Service® 2014. Prices
are not established, controlled or approved
by the United States Postal Service®. The
following trademarks and registrations are
owned by the USPS: United States Postal
Service, USPS, and ZIP+4
The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.
9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
NAV2 (Shanghai) Co., Ltd (“NAV2”) and its
licensors (including their licensors and
suppliers) on the other hand. 20xx. All rights
reserved Terms and Conditions
Permitted Use. You agree to use this Data
together with the Telenav Software solely
for the internal business and personal
purposes for which you were licensed, and
not for service bureau, time-sharing or other
similar purposes. Accordingly, but subject to
the restrictions set forth in the following
paragraphs, you agree not to otherwise
reproduce, 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 any
form, for any purpose, except to the extent
permitted by mandatory laws.
Restrictions.
Except where you have been
specifically licensed to do so by Telenav, and
without limiting the preceding paragraph,
you may not use this Data (a) with any
products, systems, or applications installed
or otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch, real
time route guidance, fleet management or
similar applications; or (b) with or in
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Entire Agreement. These terms and
conditions constitute the entire agreement
between Telenav (and its licensors, including
their licensors and suppliers) and you
pertaining to the subject matter hereof, and
supersedes in their entirety any and all
written or oral agreements previously
existing between us with respect to such
subject matter.
Governing Law.
The above terms and
conditions shall be governed by the laws of
the State of Illinois [insert “Netherlands ”
where European HERE Data is used], without
giving effect to (i) its conflict of laws
provisions, or (ii) the United Nations
Convention for Contracts for the International
Sale of Goods, which is explicitly excluded.
You agree to submit to the jurisdiction of the
State of Illinois [insert “The Netherlands ”
where European HERE Data is used] for any
and all disputes, claims and actions arising
from or in connection with the Data provided
to you hereunder. Government End Users. If the Data is being
acquired by or on behalf of the United States
government or any other entity seeking or
applying rights similar to those customarily
claimed by the United States government,
this Data is a “commercial item
” as that term
is defined at 48 C.F.R. (“FAR ”) 2.101, is
licensed in accordance with these End-User
Terms, and each copy of Data delivered or
otherwise furnished shall be marked and
embedded as appropriate with the following
“Notice of Use, ” and shall be treated in
accordance with such Notice: NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End- User Terms under which this Data was provided.
© 1987 – 2014 HERE – All rights reserved. If the Contracting Officer, federal government
agency, or any federal official refuses to use
the legend provided herein, the Contracting
Officer, federal government agency, or any
federal official must notify HERE prior to
seeking additional or alternative rights in the
Data.
I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing Data
for the United States shall contain the
following notices: “HERE holds a non-exclusive license
from the United States Postal Service®
to publish and sell ZIP+4® information. ”
“©United States Postal Service® 20XX.
Prices are not established, controlled or
approved by the United States Postal
Service®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and
ZIP+4. ”
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of the foregoing, “Enterprise Applications
”
shall mean Geomarketing applications,
GIS applications, mobile business asset
management applications, call center
applications, telematics applications,
public organization Internet applications
or for providing geocoding services.
V. Europe Territory A. Use of Certain Traffic Codes in Europe 1. General Restrictions Applicable to
Traffic Codes. Client acknowledges and
agrees that in certain countries of the
Europe Territory, Client will need to
obtain rights directly from third party
RDS-TMC code providers to receive and
use the Traffic Codes in the Data and to
deliver to End-Users Transactions in any
way derived from or based on such
Traffic Codes. For such countries, HERE
shall deliver the Data incorporating
Traffic Codes to Client only after
receiving certification from Client of its
having obtained such rights. 2. Display of Third Party Rights Legends
for Belgium. Client shall, for each Trans-
action that uses Traffic Codes for
Belgium, provide the following notice to
the End-User: “Traffic Codes for Belgium
are provided by the Ministerie van de
Vlaamse Gemeenschap and the
Ministèrie de l’Equipement et des
Transports.
”
B. Paper Maps. With respect to any license
granted to Client relating to making,
selling or distributing paper maps (i.e., a
map fixed on a paper or paper-like
medium): (a) such license with respect to
Data for the Territory of Great Britain is
conditioned on Client’ s entering into and
complying with a separate written agree-
ment with the Ordnance Survey (“ OS”) to
create and sell paper maps, Client’ s
paying to the OS any and all applicable
paper map royalties, and Client’ s
complying with the OS copyright notice
requirements; (b) such license for selling
or otherwise distributing for charge with
respect to Data for the Territory of Czech
Republic is conditioned on Client’ s
obtaining prior written consent from Kartografie a.s.; (c) such license for selling
or distributing with respect to Data for the
Territory of Switzerland is conditioned on
Client’
s obtaining a permit from
Bundesamt für Landestopografie of
Switzerland; (d) Client is restricted from
using Data for the Territory of France to
create paper maps with a scale between
1:5,000 and 1:250,000; and (e) Client is
restricted from using any Data to create,
sell or distribute paper maps that are the
same or substantially similar, in terms of
data content and specific use of color,
symbols and scale, to paper maps
published by the European national
mapping agencies, including without
limitation, Landervermessungämter of
Germany, Topografische Dienst of the
Netherlands, Nationaal Geografisch
Instituut of Belgium, Bundesamt für
Landestopografie of Switzerland,
Bundesamt für Eich-und Vermessung-
swesen of Austria, and the National Land
Survey of Sweden.
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update such list from time to time. The
license rights granted to Client under this
TL with respect to the Data for such
countries are contingent upon Client’
s
compliance with all applicable laws and
regulations, including, without limitation,
any required licenses or approvals to
distribute the Application incorporating
such Data in such respective countries.
VI. Australia Territory A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy: Copyright. Based on data provided
under license from PSMA Australia
Limited (www.psma.com.au). Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing RDS-
TMC Traffic Codes for Australia shall
contain the following notice: “Product
incorporates traffic location codes which
is © 20XX Telstra Corporation Limited and
its licensors. ”
AT&T Vehicle Network Carrier Telematics
Disclosure
END USER FOR PURPOSES OF THIS
SECTION MEANS YOU AND YOUR HEIRS,
EXECUTORS, LEGAL PERSONAL
REPRESENTATITVES AND PERMITED
ASSIGNS. FOR PURPOSES OF THIS
SECTION “UNDERLYING WIRELESS SERVICE
CARRIER ” INCLUDES ITS AFFILIATES AND
CONTRACTORS AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES,
SUCCESSORS AND ASSIGNS. END USER
HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE
CARRIER AND END USER IS NOT A THIRD
PARTY BENEFICIARY OF ANY AGREEMENT
BETWEEN FORD AND UNDERLYING
CARRIER. END USER UNDERSTANDS AND
AGREES THAT THE UNDERLYING CARRIER
HAS NO LEGAL, EQUITABLE, OR OTHER
LIABILITY OF ANY KIND TO END USER. IN
ANY EVENT, REGARDLESS OF THE FORM
OF THE ACTION, WHETHER FOR BREACH
OF CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR OTHERWISE,
END USER'S EXCLUSIVE REMEDY FOR
CLAIMS ARISING IN ANY WAY IN
CONNECTION WITH THIS AGREEMENT, FOR
ANY CAUSE WHATSOEVER, INCLUDING
BUT NOT LIMITED TO ANY FAILURE OR
DISRUPTION OF SERVICE PROVIDED
HEREUNDER, IS LIMITED TO PAYMENT OF
DAMAGES IN AN AMOUNT NOT TO EXCEED
THE AMOUNT PAID BY END USER FOR THE
SERVICES DURING THE TWO-MONTH
PERIOD PRECEDING THE DATE THE CLAIM
AROSE.
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(ii) END USER AGREES TO INDEMNIFY AND
HOLD HARMLESS THE UNDERLYING
WIRELESS SERVICE CARRIER AND ITS
OFFICERS, EMPLOYEES, AND AGENTS
AGAINST ANY AND ALL CLAIMS,
INCLUDING WITHOUT LIMITATION CLAIMS
FOR LIBEL, SLANDER, OR ANY PROPERTY
DAMAGE, PERSONAL INJURY OR DEATH,
ARISING IN ANY WAY, DIRECTLY OR
INDIRECTLY, IN CONNECTION WITH THIS
AGREEMENT OR THE USE, FAILURE TO USE,
OR INABILITY TO USE THE DEVICE EXCEPT
WHERE THE CLAIMS RESULT FROM THE
UNDERLYING CARRIER
’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
THIS INDEMNITY WILL SURVIVE THE
TERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHT
IN ANY NUMBER ASSIGNED TO THE
DEVICE.
(iv) END USER UNDERSTANDS THAT FORD
AND THE UNDERLYING CARRIER CANNOT
GUARANTY THE SECURITY OF WIRELESS
TRANSMISSIONS, AND WILL NOT BE LIABLE
FOR ANY LACK OF SECURITY RELATING
TO THE USE OF THE SERVICES THE SERVICE IS FOR [END USER
’S] USE
ONLY AND END USER MAY NOT RESELL
THE SERVICE TO ANY OTHER PARTY END
USER UNDERSTANDS THAT THE
UNDERLYING CARRIER DOES NOT
GUARANTEE ANY END USER
UNINTERRUPTED SERVICE OR COVERAGE.
THE UNDERLYING CARRIER DOES NOT
WARRANT THAT END USERS CAN OR WILL
BE LOCATED USING THE SERVICE. THE
UNDERLYING CARRIER MAKES NO
WARRANTY, EXPRESS OR IMPLIED, OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, SUITABILITY, OR
PERFORMANCE REGARDING ANY SERVICES
OR GOODS, AND IN NO EVENT SHALL
AT&T BE LIABLE, WHETHER OR NOT DUE
TO 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 PROVIDED
BY OR THROUGH THE UNDERLYING
CARRIER; (C) DAMAGE OR INJURY CAUSED
BY SUSPENSION OR TERMINATION BY THE
UNDERLYING CARRIER; OR (D) DAMAGE OR
INJURY CAUSED BY A FAILURE OR DELAY
IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER
EMERGENCY SERVICE. TO THE FULL
EXTENT ALLOWED BY LAW, THE END USER
RELEASES, INDEMNIFIES AND HOLDS THE
UNDERLYING CARRIER HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS OF
ANY PERSON OR ENTITY FOR DAMAGES
OF ANY NATURE ARISING IN ANY WAY
FROM OR RELATING TO, DIRECTLY OR
INDIRECTLY, SERVICES PROVIDED BY THE
UNDERLYING CARRIER OR ANY PERSON’S
USE THEREOF, INCLUDING CLAIMS ARISING
IN WHOLE OR IN PART FROM THE ALLEGED
NEGLIGENCE OF THE UNDERLYING
CARRIER.
VII. China Territory
Personal Use Only
You agree to use this Data together with
[insert name of Client Application] for the
solely personal, non-commercial purposes
for which you were licensed, and not for
service bureau, time-sharing or other similar
purposes. Accordingly, but subject to the
restrictions set forth in the following
paragraphs, you may copy this Data only as
necessary for your personal use to (i) view
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