2021 FORD RANGER ESP

II. Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional
de Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/or
packaging containing Data for Mexico
shall contain the following notice:
“Fuente: INEGI (Instituto Nacional de
Estadística y Geografía)”
III. Latin America 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: Notice
Territory
IGN “INSTITUTO
GEOGRAFICO NACIONAL
ARGENTINO”
Argen-
tina
“INSTITUTO GEOGRAFICO
MILITAR DEL ECUADOR
AUTORIZACION N° IGM-
2011-01- PCO-01 DEL 25 DE
ENERO DE 2011”
Ecuador
“source: © IGN 2009 - BD
TOPO ®”
“Fuente: INEGI (Instituto
Nacional de Estadística y
Geografía)”
Guade-
loupe,
French
Guiana
and
Marti-
nique
Mexico
IV. Middle East 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:
Notice
Country
“© Royal Jordanian
Geographic Centre ”. The
foregoing notice requirement
for Jordan Data is a material
term of the Agreement. If
Client or any of its permitted
Jordan
sublicensees (if any) fail to
meet such requirement,
HERE shall have the right to
terminate Client’ s license
with respect to the Jordan
Data.
B. Jordan Data. Client and its permitted
sublicensees (if any) are restricted from
licensing and/or otherwise distributing
HERE’ s database for the country of
Jordan (“ Jordan Data ”) for use in Enter-
prise Applications to (i) non-Jordanian
entities for use of the Jordan Data solely
in Jordan or (ii) Jordan-based customers.
In addition, Client, its permitted subli-
censees (if any) and End-Users are
restricted from using the Jordan Data in
Enterprise Applications if such party is
(i) a non-Jordanian entity using the
Jordan Data solely in Jordan or (ii) a
Jordan-based customer. For purposes
of the foregoing, “Enterprise Applica-
tions” shall mean Geomarketing applic-
ations, GIS applications, mobile business
asset management applications, call
center applications, telematics applica-
tions, public organization Internet
applications or for providing geocoding
services.
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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 Transaction 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 agreement 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.
C. OS Enforcement. Without limiting
Section IV(B) above, with respect to
Data for the Territory of Great Britain,
Client acknowledges and agrees that
the Ordnance Survey (“OS ”) may bring
a direct action against Client to enforce
compliance with the OS copyright notice
(see Section IV(D) below) and paper
map requirements (see Section IV(B)
above) contained in this Agreement.
D. 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:
Notice
Country(ies)
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“© Bundesamt für Eich-
und Vermessungswesen
”
Austria
“© EuroGeographics”
Croatia
Cyprus,
Estonia,
Latvia,
Lithuania,
Moldova,
Poland,
Slovenia
and/or
Ukraine
“source: © IGN 2009 – BD
TOPO ®”
France
“Die Grundlagendaten
wurden mit Genehmigung
der zuständigen Behörden
entnommen”
Germany
“Contains Ordnance
Survey data © Crown
copyright and database
right 2010 Contains Royal
Mail data © Royal Mail
copyright and database
right 2010”
Great Britain
“Copyright Geomatics
Ltd.”
Greece
“Copyright © 2003; Top-
Map Ltd.”
Hungary
“La Banca Dati Italiana è
stata prodotta usando
quale riferimento anche
cartografia numerica ed
al tratto prodotta e fornita
dalla Regione Toscana. ”
Italy
“Copyright © 2000;
Norwegian Mapping
Authority”
Norway
“Source: IgeoE – Portugal ”
Portugal “Información geográfica
propiedad del CNIG”
Spain
“Based upon electronic
data © National Land
Survey Sweden. ”
Sweden
“Topografische
Grundlage: © Bundesamt
für Landestopographie.
Switzerland
E. Respective Country Distribution. Client
acknowledges that HERE has not
received approvals to distribute map
data for the following countries in such
respective countries: Albania, Belarus,
Kyrgyzstan, Moldova and Uzbekistan.
HERE may 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).
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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 Corpora-
tion 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.
(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
448
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Customer 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.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR
POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFROMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’
s OR
ITS SUPPLIERS ’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Export Control
You agree not to export to anywhere any
part of the Data provided to you or any
direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable
export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its
suppliers and are protected by applicable
copyright and other intellectual property
law and treaties. The Data are provided
solely on the basis of a license to use, not
sale.
Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(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.
450
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Governing Law.
The above terms and conditions shall be
governed by the laws of the People
’s
Republic of China, 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. Any dispute arising
from or in connection with the Data
provided to you hereunder shall be
submitted to the Shanghai International
Economic and Trade Arbitration
Commission for arbitration.
Gracenote® Copyright
CD and music-related data from
Gracenote, Inc., copyright©
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,
451
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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.
Gracenote uses a unique identifier to track
queries for statistical purposes. The
purpose of a randomly assigned numeric
identifier is to allow Gracenote to count
queries without knowing anything about
who you are. For more information, see the
web page at www.gracenote.com for the
Gracenote Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEM
OF GRACENOTE DATA AND THE
GRACENOTE CONTENT ARE LICENSED
TO YOU "AS IS". NEITHER GRACENOTE
MAKES ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY OF ANY
GRACENOTE DATA FROM THE
GRACENOTE SERVERS OR GRACENOTE
CONTENT. GRACENOTE COLLECTIVELY
AND SEPARATELY RESERVE THE RIGHT
TO DELETE DATA AND/OR CONTENT
FROM THE COMPANIES' RESPECTIVE
SERVERS OR, IN THE CASE OF
GRACENOTE, CHANGE DATA
CATEGORIES FOR ANY CAUSE THAT
GRACENOTE DEEMS SUFFICIENT. NO
WARRANTY IS MADE THAT EITHER
GRACENOTE CONTENT OR THE
GRACENOTE SOFTWARE OR
GRACENOTE SERVERS ARE ERROR-FREE
OR THAT THE FUNCTIONING OF THE
GRACENOTE SOFTWARE OR
GRACENOTE SERVERS WILL BE
UNINTERRUPTED. GRACENOTE IS NOT
OBLIGATED TO PROVIDE YOU WITH ANY
ENHANCED OR ADDITIONAL DATA TYPES
THAT GRACENOTE MAY CHOOSE TO
PROVIDE IN THE FUTURE AND IS FREE
TO DISCONTINUE ITS ONLINE SERVICES
AT ANY TIME. GRACENOTE DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. NEITHER
GRACENOTE WARRANTS THE RESULTS
THAT WILL BE OBTAINED BY YOUR USE
OF THE GRACENOTE SOFTWARE OR ANY
GRACENOTE SERVER. IN NO CASE WILL
GRACENOTE BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS
OR LOST REVENUES FOR ANY REASON
WHATSOEVER. © Gracenote 2007.
Radio Frequency Statement
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of the
FCC Rules and with RSS-210 of Industry
Canada. Operation is subject to the
following two conditions:
(1) This device may not cause harmful
interference, and
(2)
this device must accept any
interference received, including
interference that may cause undesired
operation. WARNING:
Changes or
modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.
The antenna used for this transmitter must
not be co-located or operating in
conjunction with any other antenna or
transmitter.
452
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Taiwan Territory
Note: In accordance with the management
approach of low-power radio wave
radiation motors:
Article 12: For approved and certified
low-power radiation motor models,
companies, firms or users must not alter
the frequency, increase the power or
change the characteristics and functions
of the original design without authorization.
Article 14: The usage of low-power
radio-frequency motors must not affect
aviation safety and interfere with legal
telecommunications. Should interference
be detected, immediately stop using the
device and only resume usage after
ensuring that there is no longer any
interference. For the legal
telecommunication and wireless
telecommunication of the telco, the
low-power radio frequency motor must be
able to tolerate legal limits of interference
from telecommunication, industrial,
scientific and radio wave equipment.
SUNA TRAFFIC CHANNEL – TERMS
AND CONDITIONS
By activating, using and/or accessing the
SUNA Traffic Channel, SUNA Predictive or
other content or material provided by
Intelematics (together,
SUNA Products
and/or Services), you must accept
certain terms and conditions. The following
is a brief summary of the terms and
conditions that apply to you. To view the
full terms and conditions relevant to your
use of the SUNA Products and/or Services,
please consult: Website
www.sunatraffic.com.au/termsandcon- ditions/
1. Acceptance By using SUNA Products and/or Services,
you will be deemed to have accepted and
agreed to be bound by the terms and
conditions fully detailed at: Website
www.sunatraffic.com.au/termsandcon- ditions/
2. Intellectual Property
SUNA Products and/or Services are for
your personal use. You may not record, or
retransmit the content, nor use the content
in association with any other traffic
information or route guidance service or
device not approved by Intelematics. You
obtain no right of ownership in any
Intellectual Property Rights (including
copyright) in the data that is used to
provide SUNA Products and/or Services.
3. Appropriate Use
SUNA Products and/or Services are
intended as an aid to personal motoring
and travel planning, and do not provide
comprehensive or accurate information on
all occasions. On occasions, you may
experience additional delay as a result of
using SUNA Products and/or Services. You
acknowledge that it is not intended, or
suitable, for use in applications where time
of arrival or driving directions may impact
the safety of the public or yourself.
4. Use of SUNA Products and Services
while driving
You, and other authorised drivers of the
vehicle in which SUNA Products and/or
Services are available or installed and
active, remain at all times responsible for
observing all relevant laws and codes of
safe driving. In particular, you agree to only
actively operate SUNA Products and/or
Services when the Vehicle is at a complete
stop and it is safe to do so.
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