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5. Unauthorized Use and Abuse. You are responsible for ensuring your (and any authorized third parties’) use of the SOFTWARE and
SERVICES remains in compliance with this AGREEMENT and all other applicable HONDA TERMS and PROVIDER TERMS. You acknowledge
and agree that any use of the SOFTWARE or SERVICES occurring th rough your VEHICLE will be deemed your actions and that HONDA an d
PROVIDERS may rely upon such actions. You agree to immediately notify us if you suspect fraudulent or abusive activity involvin g the
SOFTWARE or SERVICES. If you so notify us or if we otherwise suspect fraudulent or abusive acti vity, you agree to cooperate with us in any
fraud investigation and to use any fraud prevention measures we pres cribe. Your failure to immediately notify us or cooperate to use such
measures will result in your liability for all fraudulent usage or abusive activity associated with your VEHICLE.
6. SOFTWARE Updates.
The SOFTWARE and SERVICES may be updated when your VEHI CLE is serviced by a DEALER or remotely, over-the-
air, by HONDA from time to time; such update s may occur with or without further notice or your future consent. The SOFTWARE may be
updated at HONDA’s discretion and for any pur pose including, without limitation, to patch or otherwise improve the SOFTWARE or
SERVICES functionality, se curity, or stability. All updates to the SOFTWARE and SERVICES are subject to this AGREEMENT and any other
applicable HONDA TERMS and PROVIDER TERMS.
7. Uninstalling, Removing, and Replacing the SOFTWARE.
Replacing SOFTWARE or HONDA SERVI CES with software or firmware not
provided and installed by HONDA or a DEALER will render all representations and warranties for the SOFTWARE, HONDA SERVICES, an d
VEHICLE functionality reliant upon the SOFTWARE or HONDA SERVICES null and void.
D. SOFTWARE Operationa l Notices and Warnings
1. Vehicle Geolocation Information.
You acknowledge that your VEHICLE may be equi pped with certain traffic and map features. The
traffic feature will automatically collect and transmit, through GPS technology, your Vehicle’s current location (longitude and latitude),
travel direction and speed (“VEHICLE GEOLOCATION INFORMAT ION”) to HONDA and PROVIDERS. The VEHICLE GEOLOCATION
INFORMATION is used by HONDA and PROVIDERS to provide traffic and navigation-related information to you, but may also be used to
provide other SERVICES or offers to you. HONDA will not use such VEHICLE GEOLOCATION INFORMATION for its own marketing efforts,
or provide such information to unaffiliated third parties for their own purposes, without your express consent.
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2. Potential Map Inaccuracy and Route Safety. Maps used by this system may be inaccurate because of changes in roads, traffic controls,
routing, or driving conditions. Always use good judgment and co mmon sense when following suggested routes. Do not follow the ro ute
suggestions if doing so would result in an unsafe or illegal driving maneuver, if you would be placed in an unsafe situation, or if you would
be directed into an area that you consider unsafe. Do not rely on any navigation featur es included in the system to route you to emergency
services. Not all emergency services such as police, fire stations, hospitals, or clinics are likely to be contained in the map database for such
navigation features. Ask local authorities or an emergency services operator for such locations and routes. 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. Any
navigation features are pr ovided only as an aid. Make your driving decisions based on your obse rvations of local conditions and existing
traffic regulations. Navigation features are not a substitute for your personal judgment. Any route suggestions made by the SOF TWARE or
SERVICES should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices.
3. Speech Recognition:
You acknowledge and understand that HONDA and PROV IDERS may record, retain, and use voices commands
when you use the speech recognition componen ts of the SOFTWARE or SERVICES. You and all VEHICLE operators and passengers (a)
consent to the recording and retention of voice commands in support of providing speech recognition components and (b) release HONDA
and PROVIDERS from all claims, liabilities, and losses that may result from any use of such recorded voice commands. Recognitio n errors
are inherent in speech recognition. It is your responsibility to monitor any speech recognition functions included in the syste m and address
any errors. Neither HONDA nor PROVIDERS will be liable for any damages arising out of errors in the speech recognition process.
4. Distraction Hazards.
Navigation features may require manual (non-verbal) input or setup. Attempting to perform such set-up or insert
data while driving can seriously distract your attention and co uld cause a crash or other serious consequences; the ability to undertake such
interactions may also be limited by state or local law, which laws you are responsible to know and follow. Even occasional shor t scans of
the screen may be hazardous if your attention has been diverted away from your driving at a critical time. Pull over and stop the vehicle in
a safe and legal manner before attempting to access a function of the system requiring prolonged attention. Do not raise the vo lume
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 result in a crash.
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E. Information Coll ection and Storage
1. Information Collection, Use, Transmission and Storage of Data. Consent to Use of Data:
You agree that HONDA and PROVIDERS may
collect and use your information gathered in any manner as part of product support services related to the SOFTWARE or related services.
HONDA may share such information with third parties, including, without limitation, PROVIDERS, th ird party software and services
suppliers, their affiliates and/or their desi gnated agents, solely to improve their products or to provide services or technolo gies to you.
HONDA, third party software and systems s uppliers, their affiliates and/or their designated agent may disclose this information to others,
but not in a form that pe rsonally identifies you.
2. Information Storage.
Depending on the type of multimedia system you have in your VEHICLE, certain information may be stored for ease
of use of the SOFTWARE including, without limitation, search hi story, location history in certain applications, previous and saved
destinations, map locations within certain applications, and device numbers and contact information.
(a) Vehicle Health Information.
Your VEHICLE may remotely trans mit information regarding the status and health of your VEHICLE
(“VEHICLE INFORMATION”) to HONDA without notification to you. VEHICLE INFORMATION may contain VEHICLE maintenance and
malfunction status that is derived from VEHICLE diagnostic data and includes, but is not limited to, status of powered doors and windows,
battery life data, battery charging data, VEHICLE speed, coolant temperat ure, air compressor revolution, output power, warning codes,
diagnostic trouble codes, fuel injection volu me, and engine rotations per minute. VEHICL E HEALTH INFORMATION may be used by HON DA
for research and development, to deliver HONDA SERVICES and information to you, and to contact you, and is retained only for a period
of time necessary to fulfill these goals.
(b) VEHICLE Geolocation Data (non-navigation/map based).
If you opt-in to geolocation-based SERVICES, your vehicle’s geolocation data
(latitude and longitude) will be automatically se nt from your VEHICLE to HONDA and PROVIDERS.
(c) You understand that the inputting or uploading of information to your VEHICLE’s multimedia system or the SOFTWARE or SERVIC ES is
at your own risk and that HONDA is not responsible for unauthorized access to or use of any personal or other information. All information
uploaded to the SOFTWARE and SERVICES may be stored on your VEHICLES’s multimedia system and you understand that the security and
safety of your VEHICLE’s multimedia system is your sole responsibility.
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F. NO WARRANTY. You understand and agree that your use of the SOFTWARE and SERVICES are solely at your own risk and that you
will be solely responsible for any damage to your VEHICLE’s multimedia system or any other equipment or any loss of data that m ay result
from your use of the SOFTWARE or SERVIC ES. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR ST ATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, A ND NON-INFRINGEMENT. HONDA makes no warranties that the
SOFTWARE or SERVICES will meet your requirements, or that the SOFTWARE or SERVICES will be uninterrupted, timely, secure, non-
infringing or error free. You understand and agree that you are re sponsible for any and all charges, costs or expenses associated with your
use of the SOFTWARE or SERVICES. Advice or information, whether oral or written, obtained by you from us or through the SOFTWAR E
or SERVICES are provided for informational purposes only and will not create any warranty not expressly made herein. You should not rely
on any such information or advice. We assume no liability or res ponsibility for any errors or omissions in the SOFTWARE or SERV ICES. We
do not make any warranty or representation that your use of the material displayed on, or obtained through, the SOFTWARE or SER VICES
is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided via
the application is at your sole discreti on and risk. HONDA and PROVIDERS are not res ponsible or liable for any such decision, or for the
accuracy, completeness, usefulness, or availability of any conten t or information displayed, transmitted, or otherwise made available via
the SOFTWARE or SERVICES. To the extent ju risdictions do not allow the exclusion of certain warranties, some of the above exclu sions may
not apply to you.
G. LIMITATIONS ON LIABILITY. You and HONDA are each waiving important rights.
1. Limitations on YOUR liability.
HONDA cannot recover from you any consequential, indirect, in cidental, or special damages, or attorney’s
fees in connection with your use of the SOFTWARE or HONDA SERVICES. HONDA WAIV ES TO THE FULLEST EXTENT ALLOWED BY LAW
ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSA TORY DAMAGES AS LIMITED IN THIS AGREEMENT.
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2. Limitation on HONDA and PROVIDER liability. Neither HONDA nor PROVIDERS will be liable to you or any other part y for consequential,
indirect, incidental, special, or punitive damages (including wi thout limitation lost profits) in connection with your use of the SOFTWARE
or SERVICES, even if HONDA or PROVIDERS are aware of the possibility of such damages. These limitations apply to all claims, including,
without limitation, claims in contract and tort (such as negligence, product liability and strict liability). To the extent tha t a jurisdiction does
not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitte d by law in such
states. If HONDA or PROVIDERS are found lia ble to you for any reason, you agree that the aggregate liability of all these parties to you for
any claim is limited to ten U.S. dollars (US $10.00). Neither HO NDA nor any PROVIDER would have agreed to provide the SOFTWARE or
SERVICES to you if you did not agree to th is limitation. This amount is the sole and exclusive liability of HONDA and PROVIDERS to you,
and is payable as liquidated damages and not as a penalty. Exce pt where prohibited by law, you may not bring any claim against HONDA
or any third-party beneficiary more than two (2) years after the claim arises. We do not have any liability for SOFTWARE or SERVICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS
For yourself and anyone else claiming under you, you agree to release and discharge HONDA,
PROVIDERS, their respective officers, dire ctors, and employees, and each third-party beneficiary from all claims, liabilities and losses in
connection with the SOFTWARE or SERVICES, including, but not limite d to claims for personal injury or property damage arising from the
total or partial failure of performance of the SOFTWARE or SERVIC ES, even if caused by or based upon the negligence, gross negl igence,
strict products liability, Deceptive Trade Practices Act violations, bad faith, or breach of warranty of us or the malfunction of the SOFTWARE
or SOFTWARE SERVICES. YOU AGREE TO WAIVE TO THE FULL EST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN
DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AG REEMENT. YOU HEREBY RELEASE AND DISCHARGE HONDA AND ITS
LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVID ING ALL OR PART OF THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO
ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOL\
E OR PART, DIRECTLY OR I NDIRECTLY, FROM YOUR
USE OF THE SOFTWARE OR SERVICES.
H. Survival. You agree that the limitations of liability and indemnities in this AGREEMENT will survive even after the AGREEMENT has
ended. These limitations of liability apply not only to you, but to anyone using the SOFTWARE or SERVICES via your VEHICLE, to anyone
making a claim on your behalf, and to any claims made by your fa mily, employees, customers, or others arising out of or relating to your
VEHICLE, the SOFTWARE, or SERVICES.
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I. Availability/Interruption. The SOFTWARE and certain SERVICES are made availa ble through your VEHICLE’s compatible multimedia
system when the VEHICLE is turned on. Certain SERVICES may be available only through your compatible mobile device when it is within
the operating range of the VEHICLE and a wireless carrier. The av ailability of the SOFTWARE and SERVICES may be subject to transmission
limitation or interruption, including but no t limited to technical obsolesce or sunsetting of the hardware, software or firmwar e, inside of
or external to the Vehicle, required for data transmission or receipt. HONDA does not guarantee that the SOFTWARE, SERVICES, or any
portion thereof will be available at all times or in all areas. You acknowledge and agree that HONDA is not responsible for per formance
degradation, interruption or dela ys. You acknowledge that HONDA shall not be liable to you if the SOFTWARE or SERVICES in a given
location are not available. If the SOFTWARE or SERVICES are not available within your intended location, you agree that your sole remedy
shall be to cease using the SOFTWARE and SERVICES.
J. PRODUCT SUPPORT: Product support for the SOFTWARE is provided by HONDA. For product support, please refer to HONDA
instructions provided in the DOCUMENTATION. Should you have any questions concerning this AGREEMENT, or if you desire to contact
HONDA for any other reason, please refer to the HONDA contact information provided in the DOCUMENTATION.
K. Termination and Transfer.
1. Termination. This AGREEMENT is effective until te rminated by you or US. WE may terminate this AGREEMENT for any or no reason,
and with or without notice to you. Your rights under this AGR EEMENT will terminate automatically without notice from US if you fail to
comply with any term of this AGREEMENT. U pon termination of this AGREEMENT, you shall cease all use of the SOFTWARE and SERVICE S.
2. Transfer: You may permanently transfer your rights under this AGREEMENT only as part of a sale or transfer of the VEHICLE, provided
you retain no copies, y ou transfer all of the SOFTWARE and HONDA SERVICES (inc luding all component parts, the media and printed
materials, and any upgrades), and the recipient agrees to the terms of this AGREEMENT. You agree to notify HONDA upon the sale or
transfer of the VEHICLE. To contact HO NDA, please refer to the HONDA contact info rmation provided in the DOCUMENTATION.
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L. Changes to the SOFTWARE or SERVICES. WE may change, modify, or update the SOFT WARE or SERVICES from time to time. Unless
explicitly stated otherwis e, any new features or services that augment or en hance the SOFTWARE or SERVICES in the future shall
respectively be considered part of the SOFT WARE or SERVICES and subject to this AGREEMENT. WE reserve the right at any time and from
time to time to interrupt, restrict, modi fy, suspend, discontinue, temporarily or pe rmanently, the SOFTWARE or SERVICES (or any portion
thereof), with or without notice to you, and you agree that HONDA shall not be liable to you or to any third party for any modi fication,
suspension or discontinuance of the SOFTWARE or SERVICES.
M. ARBITRATION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDER STAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU
MAY HAVE IN THE FUTURE MUST BE RESOLV ED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE
HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE
MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim, dispute or contro versy without filing a lawsuit. By agreeing to arbitrate, the ri ght to go to
court is waived and instead claims, disputes or controversies are submitted to binding arbitration. This provision sets forth t he terms and
conditions of our agreement. YOU and HO NDA agree and acknowledge that this Agreement affects interstate commerce and the
Federal Arbitration Act (“FAA”) ap plies. By using the Software, Vehicle, or Servic es, YOU elect to have disputes resolved by arbitration.
YOU, HONDA or any involved third party may pursue a Claim. “Cla im” means any dispute between YOU, HONDA, or any involved third
party relating to your use of the Software, the Vehicle, or the Services, this Agreement, or our relationship, including any
representations, omissions or warranties. “C laim” does not include personal injury or wrongful death claims. YOU or HONDA may s eek
remedies in small claims court or provisional judicial remedi es without arbitrating. In addition, notwithstanding anything here in to the
contrary, YOU or HONDA may seek equitable reli ef in a court of competent jurisdiction.
YOU or HONDA may select arbitration with American Arbitration As sociation, JAMS or National Arbitration and Mediation. Contact
these sponsors for their rules. The hearing will be in the federa l district where YOU reside. If agreed, it may be by telephone or written
submissions. Filing and arbitrator fees to be paid per the spon sor rules. You may contact the sponsor for a fee waiver. If no f ee waivers,
HONDA will pay filing and arbitrator fees up to $5,000, unless la w requires more. Each party is responsible for other fees. Arbitrator
may award costs or fees to prevailing party, if permitted by law. HONDA will not seek fees, unless the claims are frivolous.
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N. Miscellaneous: You may not assign this AGREEMENT without HONDA’s prior written consent. This AGREEMENT and any additional
HONDA TERMS and PROVIDER TERMS represents the entire agreement between you and US. HONDA may amend the terms of this
AGREEMENT by providing you with notices of such updated terms. If you do not consent to be bound by the updated terms, your sol e
remedy will be to cease using the SOFTWARE and SERVICES. If any part of this AGREEMENT is found invalid, void, or unenforceable , the
balance of the AGREEMENT will remain valid and enforceable according to its terms. To the fullest extent permitted by law, and except as
explicitly provided otherwise, th is AGREEMENT and any disputes arising out of or relating to it will be governed by the laws of the State of
California, except that California laws concerning choice of la w or conflicts shall not apply if they would cause the substanti ve law of
another jurisdiction to apply. Notwithstand ing the foregoing, Section M shall be governed by the Federal Arbitration Act and th e laws of
the State of California, as app licable, as set forth therein. The failure to en force any term of this AGREEMENT on one occasion shall not
prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included
for purposes of interpretation or applicat ion hereof, but are for convenience only.
Arbitrator shall be an attorney or current
or retired judge familiar with automotive or consumer software. The arbitrator shall follow
substantive law, statute of limitations and decide all issues re lating to the interpretation, construction, enforceability and applicability of
this provision. The arbitrator may order relief permitted by law. Th is provision is governed and enforceable by the FAA. An award shall
include a written opinion and be fina l, subject to appeal by the FAA.
This provision survives termination of this Agreement or relationship, bankruptcy, assi gnment or transfer. If part of this provision is
unenforceable, the remainder remains in effe ct. If unenforceability allows arbitration as a class action, then this provision is entirely
unenforceable. YOU may opt out within 30 days of your initial use of th e Software by sending a signed, written notice to HONDA at
Honda Financial Services, P.O. Box 165007, Irving, TX 75016. HONDA reserves the right to make changes to this provision after
providing written notice and an opportunity to opt out.
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