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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 PR OVIDER TERMS. You acknowledge
and agree that any use of the SOFTWARE or SERVICES occurring through your VEHICLE will be deemed your actions and that HONDA and
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 activity, you agree to cooperate with us in any
fraud investigation and to use any fraud prevention measures we pr escribe. Your failure to immediately notify us or cooperate to use such
measures will result in your liabilit y for all fraudulent usage or abusive activity associated with your VEHICLE.
6. SOFTWARE Updates.
The SOFTWARE and SERVICES may be updated when your VE HICLE is serviced by a DEALER or remotely, over-the-
air, by HONDA from time to time; such updates may occur with or without further notice or your future consent. The SOFTWARE may be
updated at HONDA’s discretion and for any purpose including, with out limitation, to patch or otherwise improve the SOFTWARE or
SERVICES functionality, security, 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 SERVICE S with software or firmware not
provided and installed by HONDA or a DEAL ER 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 INFORMATION”) 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 parti es 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 un safe or illegal driving maneuver, if you would be placed in an unsafe situation, o r if you would
be directed into an area that you consider unsafe. Do not rely on any navigation feat ures 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 ve hicle and therefore, must evaluate whether it is safe to follow the suggested directions. Any
navigation features are provided only as an aid. Make your driving decisions based on your observations of local conditions and existing
traffic regulations. Navigation features are not a substitute for your personal judgmen t. Any route suggestions made by the SOFTWARE or
SERVICES should never replace any local traffic regulations or yo ur personal judgment or knowledge of safe driving practices.
3. Speech Recognition:
You acknowledge and understand that HONDA and PROVIDERS may reco rd, retain, and use voices commands
when you use the speech recognition components of the SOFTWARE or SERVICES. You and all VEHICLE operators and passengers (a)
consent to the recording and retention of voice commands in su pport 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 manua l (non-verbal) input or setup. Attempting to perform such set-up or insert
data while driving can seriously distract your attention and could cause a crash or other serious consequences; the ability to undertake such
interactions may also be limited by state or local law, which la ws 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 crit ical 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 wh ere you can still hear outside traffic and em ergency signals while driving. Driving while unable
to hear these sounds could result in a crash.
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E. Information Collection and Storage
1. Information Collection, Use, Transmission a nd 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, PR OVIDERS, third party software and service s
suppliers, their affiliates and/or their designated agents, solely to improve their products or to provide services or technolo gies to you.
HONDA, third party software and systems supplie rs, 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 mult imedia system you have in your VEHICLE, certain information may be stored for ease
of use of the SOFTWARE including, without limitation, search history, location history in certain applications, previous and sa ved
destinations, map locations within certain applications, and device numbers and contact information.
(a) Vehicle Health Information.
Your VEHICLE may remotely transmit information re garding the status and health of your VEHICLE
(“VEHICLE INFORMATION”) to HO NDA without notification to you. VEHICLE INFO RMATION 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, VE HICLE speed, coolant temperature, air comp ressor revolution, output power, warning codes,
diagnostic trouble codes, fuel injection volume, and engine rotati ons per minute. VEHICLE HEALTH INFORMATION may be used by HON DA
for research and development, to deliver HONDA SERVICES and informat ion 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 sent 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 unauthori zed 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 multim edia system or any other equipment or any loss of data that may result
from your use of the SOFTWARE or SERVICES. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, AND NON-INFRINGEMENT . HONDA makes no warranties that the
SOFTWARE or SERVICES will meet your requirements, or that th e SOFTWARE or SERVICES will be uninterrupted, timely, secure, non-
infringing or error free. You understand and agree that you are responsible 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 w ill not create any warranty not expressly made herein. You should not rely
on any such information or advice. We assume no liability or resp onsibility for any errors or omissions in the SOFTWARE or SERV ICES. We
do not make any warranty or representation th at 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 discretion and risk. HONDA and PROVIDERS are not respon sible or liable for any such decision, o r for the
accuracy, completeness, usefulness, or availability of any cont ent 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 wa iving important rights.
1. Limitations on YOUR liability.
HONDA cannot recover from you any consequential, indire ct, incidental, or special damages, or attorney’s
fees in connection with your use of the SOFTWARE or HONDA SERVICES. HONDA WAIVES TO THE FULLEST EXTENT ALLOWED BY LAW
ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY 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 party for consequential,
indirect, incidental, special, or punitive damages (including withou t limitation lost profits) in connection with your use of the SOFTWARE
or SERVICES, even if HONDA or PROVIDERS are aware of the possib ility of such damages. These limitations apply to all claims, including,
without limitation, claims in contract and tort (such as neglig ence, product liability and strict liability). To the extent that 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 liable to you for any reas on, you agree that the aggregate liability of all these parties to you for
any claim is limited to ten U.S. dollars (U S $10.00). Neither HONDA nor any PROVIDER w ould have agreed to provide the SOFTWARE or
SERVICES to you if you did not agree to this 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. Except where prohibited by law, you may not bring any claim against HONDA
or any third-party beneficiary more than two (2) years after th e claim arises. We do not have any liability for SOFTWARE or SER VICES
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 a nd losses in
connection with the SOFTWARE or SERVICES, including, but not limited 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 negligence,
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 AGRE EMENT. 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 LI ABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO
ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, 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 avai lable only through your compatible mobile device when it is within
the operating range of the VEHICLE and a wireless carrier. The availability of the SOFTWARE and SERVICES may be subject to tran smission
limitation or interruption, including but not limited to techni cal obsolesce or sunsetting of the hardware, software or firmwar e, inside of
or external to the Vehicle, required fo r data transmission or receipt. HONDA does not guarantee that the SOFTWARE, SERVICES, or any
portion thereof will be av ailable at all times or in all ar eas. You acknowledge and agree that HONDA is not responsible for performance
degradation, interruption or delays. 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 que stions 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 terminated 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 AGRE EMENT will terminate automatically without notice from US if you fail to
comply with any term of this AGREEMENT. Up on 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, you transfer all of the SOFTWARE and HO NDA SERVICES (including all component parts, the media and printed
materials, and any upgrades), and the recipi ent 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 in formation 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 otherwise, any new featur es or services that augment or enhance the SOFTWARE or SERVICES in the future shall
respectively be considered part of the SOFTWARE or SERVICES and s ubject to this AGREEMENT. WE reserve the right at any time and from
time to time to interrupt, res trict, modify, suspend, discontinue, temporarily or permanently, the SOFTWARE or SERVICES (or any portion
thereof), with or without notice to you, and you agree that HONDA shall not be li able to you or to any third party for any modification,
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 RESOLVED THROUGH BIND ING 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 clai m, dispute or controversy without filing a lawsuit. By agreeing to arbitrate, the right to go to
court is waived and instead claims, disputes or controversies ar e submitted to binding arbitration. This provision sets forth the terms and
conditions of our agreement. YOU and HONDA agree and acknowle dge that this Agreement affects interstate commerce and the
Federal Arbitration Act (“FAA”) applies. By using the Software, Vehicle, or Services, YO U elect to have disputes resolved by arbitration.
YOU, HONDA or any involved third party may pursue a Claim. “Claim” 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. “Claim” 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 re lief in a court of competent jurisdiction.
YOU or HONDA may select arbitration with American Arbitration Asso ciation, 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 sponsor rules. You may contact the sponsor for a fee waiver. If no fee waivers,
HONDA will pay filing and arbitrator fees up to $5,000, unless law 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 pr ior 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 accord ing to its terms. To the fullest extent permitted by law, and except as
explicitly provided otherwise, this AGREEMEN T 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 the laws of
the State of California, as applicable, as set forth therein. The failure to enforce any term of this AGREEMENT on one occasion shall not
prevent enforcement on any other occasion or the enforcement of an y 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 relating to the interpretation, construction, enforceability and applicability of
this provision. The arbitrator may order relie f permitted by law. This provision is governed and enforceable by the FAA. An awa rd shall
include a written opinion and be final, subject to appeal by the FAA.
This provision survives termination of this Agreement or relationship, bankruptcy, assignment or transfer. If part of this prov ision 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 the Software by sending a signed, written notice to HONDA at
Honda Financial Services, P.O. Box 165007, Irving, TX 75016. HO NDA reserves the right to make changes to this provision after
providing written notice and an opportunity to opt out.
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