2022 FORD BRONCO ESP

General Operation
•Voice Command Control: Certainfunctions within the SYNC® systemmay be accomplished using voicecommands. Using voice commandswhile driving helps you to operate thesystem without removing your handsfrom the wheel or eyes from the road.
•Prolonged Views of Screen: Do notaccess any function requiring aprolonged view of the screen while youare driving. Pull over in a safe and legalmanner before attempting to access afunction of the system requiringprolonged attention.
•Volume Setting: Do not raise thevolume excessively. Keep the volumeat a level where you can still hearoutside traffic and emergency signalswhile driving. Driving while unable tohear these sounds could cause anaccident.
•Navigation Features: Any navigationfeatures included in the system areintended to provide turn by turninstructions to get you to a desireddestination. Please make certain allpersons using this system carefullyread and follow instructions and safetyinformation fully.
•Distraction Hazard: Any navigationfeatures may require manual(non-verbal) setup. Attempting toperform such set-up or insert datawhile driving can distract your attentionand could cause an accident or otherserious injury. Stop the vehicle in a safeand legal manner before attemptingthese operations.
•Let Your Judgment Prevail: Anynavigation features are provided onlyas an aid. Make your driving decisionsbased on your observations of localconditions and existing trafficregulations. Any such feature is not a
substitute for your personal judgment.Any route suggestions made by thissystem should never replace any localtraffic regulations or your personaljudgment or knowledge of safe drivingpractices.
•Route Safety: Do not follow the routesuggestions if doing so would result inan unsafe or illegal maneuver, if youwould be placed in an unsafe situation,or if you would be directed into an areathat you consider unsafe. The driver isultimately responsible for the safeoperation of the vehicle and therefore,must evaluate whether it is safe tofollow the suggested directions.
•Potential Map Inaccuracy: Mapsused by this system may be inaccuratebecause of changes in roads, trafficcontrols or driving conditions. Alwaysuse good judgment and common sensewhen following the suggested routes.
•Emergency Services: Do not rely onany navigation features included in thesystem to route you to emergencyservices. Ask local authorities or anemergency services operator for theselocations. Not all emergency servicessuch as police, fire stations, hospitalsand clinics are likely to be contained inthe map database for such navigationfeatures.
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Your Responsibilities and Assumptions ofRisk
•You agree to each of the following:(a)Any use of the SOFTWARE whiledriving an automobile or other vehiclein violation of applicable law orotherwise driving in an unsafe mannerpresents a significant risk of distracteddriving and should not be attemptedunder any circumstances;(b) Use ofthe SOFTWARE at excessive volumeposes a significant risk of hearingdamage and should not be attemptedunder any circumstances;(c) TheSOFTWARE may not be compatiblewith new or different versions of anoperating system, third party software,or third party services, and theSOFTWARE may potentially cause acritical failure of an operating system,third party software, or third partyservice.(d) Any third party serviceaccessed by or third party softwareused with the SOFTWARE (I) maycharge an additional fee for access, (ii)may not work correctly, on anuninterrupted basis, or error free, (iii)may change streaming formats ordiscontinue operation, (iv) may containadult, profane or offensive content; and(v) may contain inaccurate, false ormisleading traffic, weather, financialor safety information or other content;and (e) Use of the SOFTWARE maycause you to incur additional chargesfrom your wireless service provider(WSP) and any data or minutecalculators that may be included in thesoftware program are for referenceonly, are not warranted in any way andshould not be relied upon in anyway.
•When using the SOFTWARE, you agreeto be responsible for and assume theentire risk to the items set forth inSection (a) – (e) above.
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE ANDAGREE THAT USE OF THE DEVICES ANDSOFTWARE IS AT YOUR SOLE RISK ANDTHAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY,PERFORMANCE, COMPATIBILITY,ACCURACY AND EFFORT IS WITH YOU.TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, THE SOFTWAREAND ANY THIRD PARTY SOFTWARE ORTHIRD-PARTY SERVICES ARE PROVIDED"AS IS" AND “AS AVAILABLE”, WITH ALLFAULTS AND WITHOUT WARRANTY OFANY KIND, AND FORD MOTOR COMPANYHEREBY DISCLAIMS ALL WARRANTIESAND CONDITIONS WITH RESPECT TOTHE SOFTWARE, THIRD PARTYSOFTWARE, AND THIRD-PARTYSERVICES, EITHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESAND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR ANARTICULAR PURPOSE, OF ACCURACY,OF QUIET ENJOYMENT, ANDNON-INFRINGEMENT OF THIRD-PARTYRIGHTS. FORD MOTOR COMPANY DOESNOT WARRANT (a) AGAINSTINTERFERENCE WITH YOUR ENJOYMENTOF THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICES,(b) THAT THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICESWILL MEET YOUR REQUIREMENTS, (c)THAT THE OPERATION OF THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES WILL BEUNINTERRUPTED OR ERROR-FREE, (d)OR THAT DEFECTS IN THE SOFTWARE,THIRD PARTY SOFTWARE, ORTHIRD-PARTY SERVICES WILL BECORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BYFORD MOTOR COMPANY OR ITSAUTHORIZED REPRESENTATIVE SHALL
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2. Account Information
You agree: (a) when registering theTeleNav Software, to provide TeleNav withtrue, accurate, current, and completeinformation about yourself, and (b) toinform TeleNav promptly of any changesto such information, and to keep it true,accurate, current and complete.
3. Software License
•Subject to your compliance with theterms of this Agreement, TeleNavhereby grants to you a personal,non-exclusive, non-transferable license(except as expressly permitted belowin connection with your permanenttransfer of the TeleNav Softwarelicense), without the right tosublicense, to use the TeleNavSoftware (in object code form only) inorder to access and use the TeleNavSoftware. This license shall terminateupon any termination or expiration ofthis Agreement. You agree that you willuse the TeleNav Software only for yourpersonal business or leisure purposes,and not to provide commercialnavigation services to other parties.
3.1 License Limitations
•(a) reverse engineer, decompile,disassemble, translate, modify, alteror otherwise change the TeleNavSoftware or any part thereof; (b)attempt to derive the source code,audio library or structure of theTeleNav Software without the priorexpress written consent of TeleNav;(c) remove from the TeleNavSoftware, or alter, any of TeleNav's orits suppliers' trademarks, trade names,logos, patent or copyright notices, orother notices or markings; (d)
distribute, sublicense or otherwisetransfer the TeleNav Software toothers, except as part of yourpermanent transfer of the TeleNavSoftware; or (e) use the TeleNavSoftware in any manner that
I. infringes the intellectual property orproprietary rights, rights of publicity orprivacy or other rights of any party,
ii. violates any law, statute, ordinance orregulation, including but not limited to lawsand regulations related to spamming,privacy, consumer and child protection,obscenity or defamation, or
iii. is harmful, threatening, abusive,harassing, tortuous, defamatory, vulgar,obscene, libelous, or otherwiseobjectionable; and (f) lease, rent out, orotherwise permit unauthorized access bythird parties to the TeleNav Softwarewithout advanced written permission ofTeleNav.
4. Disclaimers
•To the fullest extent permissiblepursuant to applicable law, in no eventwill TeleNav, its licensors and suppliers,or agents or employees of any of theforegoing, be liable for any decisionmade or action taken by you or anyoneelse in reliance on the informationprovided by the TeleNav Software.TeleNav also does not warrant theaccuracy of the map or other data usedfor the TeleNav Software. Such datamay not always reflect reality due to,among other things, road closures,construction, weather, new roads andother changing conditions. You areresponsible for the entire risk arisingout of your use of the TeleNavSoftware. For example but withoutlimitation, you agree not to rely on theTeleNav Software for criticalnavigation in areas where thewell-being or survival of you or others
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is dependent on the accuracy ofnavigation, as the maps or functionalityof the TeleNav Software are notintended to support such high riskapplications, especially in more remotegeographical areas.
•TELENAV EXPRESSLY DISCLAIMSAND EXCLUDES ALL WARRANTIES INCONNECTION WITH THE TELENAVSOFTWARE, WHETHER STATUTORY,EXPRESS OR IMPLIED, INCLUDING ALLWARRANTIES WHICH MAY ARISEFROM COURSE OF DEALING, CUSTOMOR TRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENTOF THIRD PARTY RIGHTS WITHRESPECT TO THE TELENAVSOFTWARE.
•Certain jurisdictions do not permit thedisclaimer of certain warranties, so thislimitation may not apply to you.
5. Limitation of Liability
•TO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAVOR ITS LICENSORS AND SUPPLIERSBE LIABLE TO YOU OR TO ANY THIRDPARTY FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES(INCLUDING IN EACH CASE, BUT NOTLIMITED TO, DAMAGES FOR THEINABILITY TO USE THE EQUIPMENTOR ACCESS DATA, LOSS OF DATA,LOSS OF BUSINESS, LOSS OFPROFITS, BUSINESS INTERRUPTIONOR THE LIKE) ARISING OUT OF THEUSE OF OR INABILITY TO USE THETELENAV SOFTWARE, EVEN IFTELENAV HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY DAMAGESTHAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING,WITHOUT LIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALLDIRECT OR GENERAL DAMAGES INCONTRACT, TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE), THEENTIRE LIABILITY OF TELENAV ANDOF ALL OF TELENAV'S SUPPLIERSSHALL BE LIMITED TO THE AMOUNTACTUALLY PAID BY YOU FOR THETELENAV SOFTWARE. SOME STATESAND/OR JURISDICTIONS DO NOTALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
•You agree that any dispute, claim orcontroversy arising out of or relating tothis Agreement or the TeleNavSoftware shall be settled byindependent arbitration involving aneutral arbitrator and administered bythe American Arbitration Associationin the County of Santa Clara, California.The arbitrator shall apply theCommercial Arbitration Rules of theAmerican Arbitration Association, andthe judgment upon the award renderedby the arbitrator may be entered by anycourt having jurisdiction. Note thatthere is no judge or jury in an arbitrationproceeding and the decision of thearbitrator shall be binding upon bothparties. You expressly agree to waiveyour right to a jury trial. This Agreementand performance hereunder will begoverned by and construed inaccordance with the laws of the Stateof California, without giving effect toits conflict of law provisions. To theextent judicial action is necessary inconnection with the binding arbitration,both TeleNav and you agree to submit
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to the exclusive jurisdiction of thecourts of the County of Santa Clara,California. The United NationsConvention on Contracts for theInternational Sale of Goods shall notapply.
7. Assignment
•You may not resell, assign, or transferthis Agreement or any of your rights orobligations, except in totality, inconnection with your permanenttransfer of the TeleNav Software, andexpressly conditioned upon the newuser of the TeleNav Software agreeingto be bound by the terms andconditions of this Agreement. Any suchsale, assignment or transfer that is notexpressly permitted under thisparagraph will result in immediatetermination of this Agreement, withoutliability to TeleNav, in which case youand all other parties shall immediatelycease all use of the TeleNav Software.Notwithstanding the foregoing,TeleNav may assign this Agreement toany other party at any time withoutnotice, provided the assignee remainsbound by this Agreement.
8. Miscellaneous
8.1
This Agreement constitutes the entireagreement between TeleNav and you withrespect to the subject matter hereof.
8.2
Except for the limited licenses expresslygranted in this Agreement, TeleNav retainsall right, title and interest in and to theTeleNav Software, including withoutlimitation all related intellectual propertyrights. No licenses or other rights which arenot expressly granted in this Agreementare intended to, or shall be, granted or
conferred by implication, statute,inducement, estoppel or otherwise, andTeleNav and its suppliers and licensorshereby reserve all of their respective rightsother than the licenses explicitly grantedin this Agreement.
8.3
By using the TeleNav Software, youconsent to receive from TeleNav allcommunications, including notices,agreements, legally required disclosuresor other information in connection with theTeleNav Software (collectively, "Notices")electronically. TeleNav may provide suchNotices by posting them on TeleNav'sWebsite or by downloading such Noticesto your wireless device. If you desire towithdraw your consent to receive Noticeselectronically, you must discontinue youruse of the TeleNav Software.
8.4
TeleNav's or your failure to requireperformance of any provision shall notaffect that party's right to requireperformance at any time thereafter, norshall a waiver of any breach or default ofthis Agreement constitute a waiver of anysubsequent breach or default or a waiverof the provision itself.
8.5
If any provision herein is heldunenforceable, then such provision will bemodified to reflect the intention of theparties, and the remaining provisions ofthis Agreement will remain in full force andeffect.
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Restrictions. Except where you have beenspecifically licensed to do so by Telenav,and without limiting the precedingparagraph, you may not use this Data (a)with any products, systems, or applicationsinstalled or otherwise connected to or incommunication with vehicles, capable ofvehicle navigation, positioning, dispatch,real time route guidance, fleetmanagement or similar applications; or (b)with or in communication with anypositioning devices or any mobile orwireless-connected electronic or computerdevices, including without limitationcellular phones, palmtop and handheldcomputers, pagers, and personal digitalassistants or PDAs.
Warning. The Data may containinaccurate or incomplete information dueto the passage of time, changingcircumstances, sources used and thenature of collecting comprehensivegeographic data, any of which may lead toincorrect results.
No Warranty. This Data is provided to you“as is,” and you agree to use it at your ownrisk. Telenav and its licensors (and theirlicensors and suppliers) make noguarantees, representations or warrantiesof any kind, express or implied, arising bylaw or otherwise, including but not limitedto, content, quality, accuracy,completeness, effectiveness, reliability,fitness for a particular purpose, usefulness,use or results to be obtained from thisData, or that the Data or server will beuninterrupted or error-free.
Disclaimer of Warranty: TELENAV ANDITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE ORNON-INFRINGEMENT. Some States,Territories and Countries do not allowcertain warranty exclusions, so to thatextent the above exclusion may not applyto you.
Disclaimer of Liability: TELENAV ANDITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) SHALL NOTBE LIABLE TO YOU: IN RESPECT OF ANYCLAIM, DEMAND OR ACTION,IRRESPECTIVE OF THE NATURE OF THECAUSE OF THE CLAIM, DEMAND ORACTION ALLEGING ANY LOSS, INJURY ORDAMAGES, DIRECT OR INDIRECT, WHICHMAY RESULT FROM THE USE ORPOSSESSION OF THE INFORMATION; ORFOR ANY LOSS OF PROFIT, REVENUE,CONTRACTS OR SAVINGS, OR ANYOTHER DIRECT, INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGESARISING OUT OF YOUR USE OF ORINABILITY TO USE THIS INFORMATION,ANY DEFECT IN THE INFORMATION, ORTHE BREACH OF THESE TERMS ORCONDITIONS, WHETHER IN AN ACTIONIN CONTRACT OR TORT OR BASED ON AWARRANTY, EVEN IF TELENAV OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. SomeStates, Territories and Countries do notallow certain liability exclusions ordamages limitations, so to that extent theabove may not apply to you.
Export Control. You shall not export fromanywhere any part of the Data or any directproduct thereof except in compliance with,and with all licenses and approvalsrequired under, applicable export laws,rules and regulations, including but notlimited to the laws, rules and regulationsadministered by the Office of ForeignAssets Control of the U.S. Department ofCommerce and the Bureau of Industry andSecurity of the U.S. Department ofCommerce. To the extent that any such
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export laws, rules or regulations prohibitHERE from complying with any of itsobligations hereunder to deliver ordistribute Data, such failure shall beexcused and shall not constitute a breachof this Agreement.
Entire Agreement. These terms andconditions constitute the entire agreementbetween Telenav (and its licensors,including their licensors and suppliers) andyou pertaining to the subject matter hereof,and supersedes in their entirety any andall written or oral agreements previouslyexisting between us with respect to suchsubject matter.
Governing Law. The above terms andconditions shall be governed by the lawsof the State of Illinois [insert “Netherlands”where European HERE Data is used],without giving effect to (i) its conflict oflaws provisions, or (ii) the United NationsConvention for Contracts for theInternational Sale of Goods, which isexplicitly excluded. You agree to submit tothe jurisdiction of the State of Illinois[insert “The Netherlands” where EuropeanHERE Data is used] for any and alldisputes, claims and actions arising fromor in connection with the Data provided toyou hereunder.
Government End Users. If the Data isbeing acquired by or on behalf of theUnited States government or any otherentity seeking or applying rights similar tothose customarily claimed by the UnitedStates government, this Data is a“commercial item” as that term is definedat 48 C.F.R. (“FAR”) 2.101, is licensed inaccordance with these End-User Terms,and each copy of Data delivered orotherwise furnished shall be marked andembedded as appropriate with thefollowing “Notice of Use,” and shall betreated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia, 425West Randolph Street, Chicago, Illinois60606
This Data is a commercial item asdefined in FAR 2.101 and is subject tothese End-User Terms under which thisData was provided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federalgovernment agency, or any federal officialrefuses to use the legend provided herein,the Contracting Officer, federalgovernment agency, or any federal officialmust notify HERE prior to seekingadditional or alternative rights in the Data.
I. US/Canada Territory
A. United States Data. The End-UserTerms for any Application containingData for the United States shall containthe following notices:
“HERE holds a non-exclusive licensefrom the United States PostalService® to publish and sell ZIP+4®information.”
“©United States Postal Service®20XX. Prices are not established,controlled or approved by the UnitedStates Postal Service®. The followingtrademarks and registrations areowned by the USPS: United StatesPostal Service, USPS, and ZIP+4.”
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B. Canada Data. The following provi-sions apply to the Data for Canada,which may include or reflect data fromthird party licensors (“Third PartyData”), including Her Majesty the Queenin Right of Canada (“Her Majesty”),Canada Post Corporation (“CanadaPost”) and the Department of NaturalResources of Canada (“NRCan”):
1. Disclaimer and Limitation: Clientagrees that its use of the Third PartyData is subject to the following provi-sions:
a. Disclaimer: The Third Party Datais licensed on an “as is” basis. Thelicensors of such data, including HerMajesty, Canada Post and NRCan,make no guarantees, representa-tions or warranties respecting suchdata, either express or implied,arising by law or otherwise, includingbut not limited to, effectiveness,completeness, accuracy or fitnessfor a particular purpose.
b. Limitation on Liability: The ThirdParty Data licensors, including HerMajesty, Canada Post and NRCan,shall not be liable: (i) in respect ofany claim, demand or action, irre-spective of the nature of the causeof the claim, demand or actionalleging any loss, injury or damages,direct or indirect, which may resultfrom the use or possession of suchData; or (ii) in any way for loss ofrevenues or contracts, or any otherconsequential loss of any kindresulting from any defect in theData.
2. Copyright Notice: In connection witheach copy of all or any portion of theData for the Territory of Canada, Clientshall affix in a conspicuous manner thefollowing copyright notice on at leastone of: (i) the label for the storagemedia of the copy; (ii) the packagingfor the copy; or (iii) other materialspackaged with the copy, such as usermanuals or end user license agree-ments: “This data includes informationtaken with permission from Canadianauthorities, including © Her Majestythe Queen in Right of Canada, ©Queen's Printer for Ontario, © CanadaPost Corporation, GeoBase®, © TheDepartment of Natural ResourcesCanada. All rights reserved.”
3. End-User Terms: Except as other-wise agreed by the parties, in connec-tion with the provision of any portionof the Data for the Territory of Canadato End-Users as may be authorizedunder the Agreement, Client shallprovide such End-Users, in a reason-ably conspicuous manner, with terms(set forth with other end user termsrequired to be provided under theAgreement, or as otherwise may beprovided, by Client) which shall includethe following provisions on behalf ofthe Third Party Data licensors,including Her Majesty, Canada Postand NRCan:
The Data may include or reflectdata of licensors, including HerMajesty the Queen in the Right ofCanada (“Her Majesty”), CanadaPost Corporation (“Canada Post”)and the Department of NaturalResources Canada (“NRCan”). Suchdata is licensed on an “as is” basis.The licensors, including Her Majesty,Canada Post and NRCan, make noguarantees, representations orwarranties respecting such data,
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