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E. Information Collection 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, PROV IDERS, third party software and service s
suppliers, their affiliates and/or their design ated agents, solely to improve their products or to provide services or technologies to you.
HONDA, third party software and systems supp liers, 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 HO NDA 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 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 SERVICES is
at your own risk and that HONDA is not resp onsible 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 VEHI CLES’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 STAT UTORY. 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 a nd agree that you are responsible for any an d 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 jurisdictions 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 party 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 liable to you for any r eason, 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 a nd 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 SERVI CES, 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 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 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 not limited to technical obsolesce or sunsetting of the hardware, software or firmware, 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 so le 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 term inated 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. Upon termination of this AGREEMENT, you sh all 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 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 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 SOFTWARE or SERVICES and su bject 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 right to go to
court is waived and instead claims, disputes or controversies are submitted to binding arbitration. This provision sets forth the 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 Service s, 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 seek
remedies in small claims court or provisional judicial remedies 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 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 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 agreem ent 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 sole
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 re lating 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 gover ned by the Federal Arbitration Act and the laws of
the State of California, as app licable, as set forth therein. The failure to enfo rce 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. This provision is governed and enforceable by the FAA. An award shall
include a written opinion and be final, 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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Legal Information on Ap ple CarPlay/Android Auto
USE OF APPLE CARPLAY IS SUBJECT TO YOUR AGREEMENT TO THE CARPLAY TERMS OF USE, WHICH ARE INCLUDED AS PART OF THE
APPLE iOS TERMS OF USE. IN SUMMARY, THE CARPLAY TERMS OF USE DISCLAIM APPLE AND I TS SERVICE PROVIDERS’ LIABILITY IF THE
SERVICES FAIL TO PERFORM CORRECTLY OR ARE DISCONTINUED, STRICTLY LIMIT APPLE AND ITS SERVICE PROVIDERS’ OTHER
LIABILITIES, DESCRIBE THE KINDS OF USER INFORMATION (INCLUDING, FOR EXAMPLE, VE HICLE LOCATION, VEHICLE SPEED, AND
VEHICLE STATUS) BEING GATHERED AND STORED BY APPLE AND I TS SERVICE PROVIDERS, AND DISCLOSE CERTAIN POSSIBLE RISKS
ASSOCIATED WITH THE USE OF CARPLAY, INCLUDING THE POTENTI AL FOR DRIVER DISTRACTION. SEE APPLE’S PRIVACY POLICY FOR
DETAILS REGARDING APPLE’S USE AND HANDLING OF DATA UPLOADED BY CARPLAY.
USE OF ANDROID AUTO IS SUBJECT TO YOUR AGREEMENT TO TH E ANDROID AUTO TERMS OF USE WHICH MUST BE AGREED TO WHEN
THE ANDROID AUTO APPLICATION IS DOWNLOADED TO YOUR ANDROI D PHONE. IN SUMMARY, THE ANDROID AUTO TERMS OF USE
DISCLAIM GOOGLE AND ITS SERVICE PROVIDERS’ LIABILITY IF THE SERVICES FAIL TO PERFORM CORRECTLY OR ARE DISCONTINUED,
STRICTLY LIMIT GOOGLE AND ITS SERVICE PROVIDERS’ OTHER LIABILIT IES, DESCRIBE THE KINDS OF USER INFORMATION (INCLUDING,
FOR EXAMPLE, VEHICLE LOCATION, VEHICLE SPEED, AND VEHI CLE STATUS) BEING GATHERED AND STORED BY GOOGLE AND ITS
SERVICE PROVIDERS, AND DISCLOSE CERT AIN POSSIBLE RISKS ASSOCIATED WITH TH E USE OF ANDROID AUTO, INCLUDING THE
POTENTIAL FOR DRIVER DISTRACTION. SEE GOOGLE’S PRIVACY POLICY FOR DETAIL S REGARDING GOOGLE’S USE AND HANDLING OF
DATA UPLOADED BY ANDROID AUTO.
■OWNER’S MANUAL LICENSE/LIABILITY STATEMENTS
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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF APPLE CARPLAY OR ANDROID AUTO (“THE APPLICATIONS”) IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY Q UALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THAT TH E APPLICATIONS AND INFORMATION ON THE APPLICATIONS IS
PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAUL TS AND WITHOUT WARRANTY OF ANY KIND, AND HONDA HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS AND INFORMATION ON THE APPLICATIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PA RTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONDA OR AN AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. AS EXAMPLES, AND WITHOUT LIMITATION, HONDA DISCLAIMS ANY WARRANTY
REGARDING THE ACCURACY OF DATA PROVIDED BY THE APPLI CATIONS, SUCH AS THE ACCURACY OF DIRECTIONS, ESTIMATED
TRAVEL TIME, SPEED LIMITS, ROAD CONDITIONS, NEWS, WEATHER, TR AFFIC, OR OTHER CONTENT PROVIDED BY APPLE, GOOGLE, THEIR
AFFILIATES, OR THIRD PARTY PROVIDERS; HONDA DOES NOT GUARANTEE AGAINST LO SS OF APPLICATION DATA, WHICH MAY BE LOST
AT ANY TIME; HONDA DOES NOT GUARANTEE THAT THE APPLICATIO NS OR ANY SERVICES PROVIDED THROUGH THEM WILL BE
PROVIDED AT ALL TIMES OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AT ANY PA RTICULAR TIME OR LOCATION. FOR EXAMPLE,
SERVICES MAY BE SUSPENDED OR INTERRUPTED WITHOUT NOTICE FOR REPAIR, MAINTENANCE, SECURITY FIXES, UPDATES, ETC.,
SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION, ETC. IN ADDITION, YOU UNDERSTAND THAT CHANGES IN THIRD PARTY
TECHNOLOGY OR GOVERNMENT REGULATION MAY RENDER THE SERVICES AND/OR APPLICATIONS OBSOLETE AND/OR UNUSABLE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HONDA OR ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CO NSEQUENTIAL DAMAGES WHATSOEVER, INCLUDI NG, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISIN G OUT OF OR RELATED TO THE APPLICATIONS OR YOUR USE OF OR INABILITY TO
USE THE APPLICATIONS OR INFORMATION ON THE APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF HONDA WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND
JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU. IN NO EVENT SHALL HONDA’S TOTAL LIABILITY TO YOU FOR ALL DAM AGES (OTHER THAN AS MAY BE REQUIRED
BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCE ED THE AMOUNT OF FIVE DOLLARS ($5.00). THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
■DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
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