2020 LINCOLN MKZ service

(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. ”
530
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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.
534
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201905, Second-Printing Appendices

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.
536
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201905, Second-Printing Appendices

(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
537
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201905, Second-Printing Appendices

it, and (ii) save it, provided that you do not
remove any copyright notices that appear
and do not modify the Data in any way. You
agree not to otherwise reproduce, copy,
modify, decompile, disassemble 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 NAV2 , and without
limiting the preceding paragraph, you may
not (a) use this Data 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 communication
with any positioning devices or any mobile
or wireless-connected electronic or computer
devices, including without limitation cellular
phones, palmtop and handheld computers,
pagers, and personal digital assistants or
PDAs. You agree to cease using this Data if
you fail to comply with these terms and
conditions.
Limited Warranty
NAV2 warrants that (a) the Data will perform
substantially in accordance with the
accompanying written materials for a period
of ninety (90) days from the date of receipt,
and (b) any support services provided by
NAV2 shall be substantially as described in
applicable written materials provided to you
by NAV2, and NAV2’
s support engineers will
make commercially reasonable efforts to
solve any problem issues.
rigCustomer Remedies
NAV2 and its suppliers ’ entire liability and
your exclusive remedy shall be, at NAV2’ s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’ s Limited
Warranty and that are returned to NAV2 with
a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from
accident, abuse, or misapplication. Any
replacement Data will be warranted for the
remainder of the original warranty period or
thirty (30) days, whichever is longer. Neither
these remedies nor any product support
services offered by NAV2 are available
without proof of purchase from an authorized
international source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SET
FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
538
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201905, Second-Printing Appendices

2000-2007 Gracenote. Gracenote Software,
copyright © 2000-2007 Gracenote. This
product and service may practice one or
more 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 other
patents issued or pending. Some services
supplied under license from Open Globe,
Inc. for U.S. Patent 6,304,523.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote
™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608 ("Gracenote").
The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers
("Gracenote Servers"), and to perform other functions. You may use Gracenote Data only
by means of the intended End User functions
of this device. This device may contain
content belonging to Gracenote's providers.
If so, all of the restrictions set forth herein
with respect to Gracenote Data shall also
apply to such content and such content
providers shall be entitled to all of the
benefits and protections set forth herein that
are available to Gracenote. You agree that
you will use the content from Gracenote
("Gracenote Content") , Gracenote Data, the
Gracenote Software, and Gracenote Servers
for your own personal, non-commercial use
only. You agree not to assign, copy, transfer
or 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 USE
OR EXPLOIT GRACENOTE CONTENT,
GRACENOTE DATA, THE GRACENOTE
SOFTWARE, OR GRACENOTE SERVERS,
EXCEPT AS EXPRESSLY PERMITTED
HEREIN.
You agree that your non-exclusive licenses
to use the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers will terminate if you
violate these restrictions. If your licenses
terminate, you agree to cease any and all
use of the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers.
Gracenote, respectively, reserve all rights in
Gracenote Data, the Gracenote Software,
and the Gracenote Servers and Gracenote
Content, including all ownership rights.
Under no circumstances will either
Gracenote become liable for any payment
to you for any information that you provide,
including any copyrighted material or music
file information. You agree that Gracenote
may enforce its respective rights, collectively
or separately, under this agreement against
you, directly in each company's own name.
540
MKZ (CC9) Canada/United States of America, enUSA, Edition date: 201905, Second-Printing Appendices