2021 LINCOLN AVIATOR Owners Manual

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.
622
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

(c) Small claims court. You may also litigate
any dispute in small claims court in your
county of residence or FORD MOTOR
COMPANY’S principal place of business, if
the dispute meets all requirements to be
heard in the small claims court. You may
litigate in small claims court whether or not
You negotiated informally first.
(d) Binding arbitration. If You and FORD
MOTOR COMPANY, do not resolve any
dispute by informal negotiation or in small
claims court, any other effort to resolve the
dispute will be conducted exclusively by
binding arbitration. You are giving up the
right to litigate (or participate in as a party or
class member) all disputes in court before a
judge or jury. Instead, all disputes will be
resolved before a neutral arbitrator, whose
decision will be final except for a limited right
of appeal under the Federal Arbitration Act.
Any court with jurisdiction over the parties
may enforce the arbitrator’ s award.(e) Class action waiver.
Any proceedings to
resolve or litigate any dispute in any forum
will be conducted solely on an individual
basis. Neither you nor FORD MOTOR
COMPANY, will seek to have any dispute
heard as a class action, as a private attorney
general action, or in any other proceeding
in which any party acts or proposes to act in
a representative capacity. No arbitration or
proceeding will be combined with another
without the prior written consent of all parties
to all affected arbitrations or proceedings.
(f ) Arbitration procedure.
Any arbitration
will be conducted by the American
Arbitration Association (the “ AAA”), under its
Commercial Arbitration Rules. If You are an
individual and use the SOFTWARE for
personal or vehicle use, or if the value of the
dispute is $75,000 or less whether or not
You are an individual or how You use the
SOFTWARE, the AAA Supplementary
Procedures for Consumer-Related Disputes
will also apply. To commence arbitration,
submit a Commercial Arbitration Rules
Demand for Arbitration form to the AAA. You
may request a telephonic or in-person
hearing by following the AAA rules. In a dispute involving $10,000 or less, any
hearing will be telephonic unless the
arbitrator finds good cause to hold an
in-person hearing instead. For more
information, see adr.org or call
1-800-778-7879. You agree to commence
arbitration only in your county of residence
or FORD MOTOR COMPANY’S principal
place of business. The arbitrator may award
the same damages to You individually as a
court could. The arbitrator may award
declaratory or injunctive relief only to You
individually, and only to the extent required
to satisfy Your individual claim.
(g) Arbitration fees and incentives.
•
I. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will promptly
reimburse your filing fees and pay the
AAA’ s and arbitrator’ s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement offer
made before the arbitrator was appointed
(“last written offer”), your dispute goes
all the way to an arbitrator’ s decision
(called an “award”), and the arbitrator
awards you more than the last written
offer, FORD MOTOR COMPANY will give
623
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

you three incentives: (1) pay the greater
of the award or $1,000; (2) pay twice your
reasonable attorney’
s fees, if any; and (3)
reimburse any expenses (including expert
witness fees and costs) that your attorney
reasonably accrues for investigating,
preparing, and pursuing your claim in
arbitration. The arbitrator will determine
the amounts.
• ii. Disputes involving more than $75,000.
The AAA rules will govern payment of
filing fees and the AAA’ s and arbitrator’s
fees and expenses.
• iii. Disputes involving any amount. In any
arbitration you commence, FORD
MOTOR COMPANY will seek its AAA or
arbitrator’ s fees and expenses, or Your
filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous
or brought for an improper purpose. In
any arbitration FORD MOTOR COMPANY
commences, it will pay all filing, AAA, and
arbitrator’ s fees and expenses. It will not
seek its attorney’ s fees or expenses from
you in any arbitration. Fees and expenses
are not counted in determining how
much a dispute involves. (h) Claims or disputes must be filed within
one year. To the extent permitted by law,
any claim or dispute under this EULA to
which this Section applies must be filed
within one year in small claims court (Section
c) or in arbitration (Section d). The one-year
period begins when the claim or dispute first
could be filed. If such a claim or dispute is
not filed within one year, it is permanently
barred.
(I) Severability.
If the class action waiver
(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those parts
will be severed and proceed in a court of
law, with the remaining parts proceeding in
arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be severed
with the remainder of Section e remaining in
full force and effect. Telenav Software End User License
Agreement
Please read these terms and conditions
carefully before you use the TeleNav
Software. Your use of the TeleNav Software
indicates that you accept these terms and
conditions. If you do not accept these terms
and conditions, do not break the seal of the
package, launch, or otherwise use the
TeleNav Software. TeleNav may revise this
Agreement and the privacy policy at any
time, with or without notice to you. You agree
to visit http://www.telenav.com from time to
time to review the then current version of
this Agreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attention to
the TeleNav Software may pose a risk of
injury or death to you and others in situations
that otherwise require your undivided
attention, and you therefore agree to comply
with the following when using the TeleNav
Software:
(a) observe all traffic laws and otherwise drive
safely;
624
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

(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
625
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

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 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
626
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

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 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
627
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

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.
8.6
The headings in this Agreement are for
convenience of reference only, will not be
deemed to be a part of this Agreement, and
will not be referred to in connection with the
construction or interpretation of this
Agreement. As used in this Agreement, the
words "include" and "including" and
variations thereof, will not be deemed to be
terms of limitation, but rather will be deemed
to be followed by the words "without
limitation".
9. Other Vendors Terms and Conditions
•
The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement includes
end-user terms applicable to these
companies (included at the end of this
Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav’ s third
party vendor licensors:
628
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices

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
629
Aviator (CTV) Canada/United States of America, enUSA, Edition date: 202007, Second-Printing Appendices