2023 LINCOLN NAVIGATOR Owners Manual

C. OS Enforcement. Without limitingSection IV(B) above, with respect to Datafor the Territory of Great Britain, Clientacknowledges and agrees that theOrdnance Survey (“OS”) may bring a directaction against Client to enforce compli-ance with the OS copyright notice (seeSection IV(D) below) and paper maprequirements (see Section IV(B) above)contained in this Agreement.
D. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and used asdescribed below corresponding to theTerritory (or portion thereof) included insuch copy:
NoticeCountry(ies)
“© Bundesamt für Eich- undVermessungswesen”Austria
“© EuroGeographics”
CroatiaCyprus,Estonia,Latvia,Lithuania,
Moldova,Poland,Sloveniaand/orUkraine
“source: © IGN 2009 – BDTOPO ®”France
“Die Grundlagendatenwurden mit Genehmigungder zuständigen Behördenentnommen”
Germany
“Contains Ordnance Surveydata © Crown copyrightand database right 2010Contains Royal Mail data ©Royal Mail copyright anddatabase right 2010”
Great Britain
“Copyright Geomatics Ltd.”Greece
“Copyright © 2003; Top-Map Ltd.”Hungary
“La Banca Dati Italiana èstata prodotta usandoquale riferimento anchecartografia numerica ed altratto prodotta e fornitadalla Regione Toscana.”
Italy
“Copyright © 2000;Norwegian MappingAuthority”
Norway
“Source: IgeoE – Portugal”Portugal
“Información geográficapropiedad del CNIG”Spain
“Based upon electronicdata © National LandSurvey Sweden.”
Sweden
“Topografische Grundlage:© Bundesamt fürLandestopographie.
Switzerland
E. Respective Country Distribution. Clientacknowledges that HERE has not receivedapprovals to distribute map data for thefollowing countries in such respectivecountries: Albania, Belarus, Kyrgyzstan,Moldova and Uzbekistan. HERE may
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update such list from time to time. Thelicense rights granted to Client under thisTL with respect to the Data for suchcountries are contingent upon Client’scompliance with all applicable laws andregulations, including, without limitation,any required licenses or approvals todistribute the Application incorporatingsuch Data in such respective countries.
VI. Australia Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and used asdescribed below corresponding to theTerritory (or portion thereof) included insuch copy:
Copyright. Based on data providedunder license from PSMA AustraliaLimited (www.psma.com.au).
Product incorporates data which is ©20XX Telstra Corporation Limited, GMHolden Limited, Intelematics AustraliaPty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. Inaddition to the foregoing, the End-UserTerms for any Application containing RDS-TMC Traffic Codes for Australia shallcontain the following notice: “Productincorporates traffic location codes whichis © 20XX Telstra Corporation Limited andits licensors.”
AT&T Vehicle Network Carrier TelematicsDisclosure
END USER FOR PURPOSES OF THISSECTION MEANS YOU AND YOUR HEIRS,EXECUTORS, LEGAL PERSONALREPRESENTATITVES AND PERMITEDASSIGNS. FOR PURPOSES OF THISSECTION “UNDERLYING WIRELESS SERVICECARRIER” INCLUDES ITS AFFILIATES ANDCONTRACTORS AND THEIR RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES,SUCCESSORS AND ASSIGNS. END USERHAS NO CONTRACTUAL RELATIONSHIP
WITH THE UNDERLYING WIRELESS SERVICECARRIER AND END USER IS NOT A THIRDPARTY BENEFICIARY OF ANY AGREEMENTBETWEEN FORD AND UNDERLYINGCARRIER. END USER UNDERSTANDS ANDAGREES THAT THE UNDERLYING CARRIERHAS NO LEGAL, EQUITABLE, OR OTHERLIABILITY OF ANY KIND TO END USER. INANY EVENT, REGARDLESS OF THE FORMOF THE ACTION, WHETHER FOR BREACHOF CONTRACT, WARRANTY, NEGLIGENCE,STRICT LIABILITY IN TORT OR OTHERWISE,END USER'S EXCLUSIVE REMEDY FORCLAIMS ARISING IN ANY WAY INCONNECTION WITH THIS AGREEMENT, FORANY CAUSE WHATSOEVER, INCLUDINGBUT NOT LIMITED TO ANY FAILURE ORDISRUPTION OF SERVICE PROVIDEDHEREUNDER, IS LIMITED TO PAYMENT OFDAMAGES IN AN AMOUNT NOT TO EXCEEDTHE AMOUNT PAID BY END USER FOR THESERVICES DURING THE TWO-MONTHPERIOD PRECEDING THE DATE THE CLAIMAROSE.
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(ii) END USER AGREES TO INDEMNIFY ANDHOLD HARMLESS THE UNDERLYINGWIRELESS SERVICE CARRIER AND ITSOFFICERS, EMPLOYEES, AND AGENTSAGAINST ANY AND ALL CLAIMS,INCLUDING WITHOUT LIMITATION CLAIMSFOR LIBEL, SLANDER, OR ANY PROPERTYDAMAGE, PERSONAL INJURY OR DEATH,ARISING IN ANY WAY, DIRECTLY ORINDIRECTLY, IN CONNECTION WITH THISAGREEMENT OR THE USE, FAILURE TO USE,OR INABILITY TO USE THE DEVICE EXCEPTWHERE THE CLAIMS RESULT FROM THEUNDERLYING CARRIER’S GROSSNEGLIGENCE OR WILLFUL MISCONDUCT.THIS INDEMNITY WILL SURVIVE THETERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHTIN ANY NUMBER ASSIGNED TO THEDEVICE.
(iv) END USER UNDERSTANDS THAT FORDAND THE UNDERLYING CARRIER CANNOTGUARANTY THE SECURITY OF WIRELESSTRANSMISSIONS, AND WILL NOT BE LIABLEFOR ANY LACK OF SECURITY RELATINGTO THE USE OF THE SERVICES
THE SERVICE IS FOR [END USER’S] USEONLY AND END USER MAY NOT RESELLTHE SERVICE TO ANY OTHER PARTY ENDUSER UNDERSTANDS THAT THEUNDERLYING CARRIER DOES NOTGUARANTEE ANY END USERUNINTERRUPTED SERVICE OR COVERAGE.THE UNDERLYING CARRIER DOES NOTWARRANT THAT END USERS CAN OR WILLBE LOCATED USING THE SERVICE. THEUNDERLYING CARRIER MAKES NOWARRANTY, EXPRESS OR IMPLIED, OFMERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE, SUITABILITY, ORPERFORMANCE REGARDING ANY SERVICESOR GOODS, AND IN NO EVENT SHALLAT&T BE LIABLE, WHETHER OR NOT DUETO ITS OWN NEGLIGENCE, FOR ANY: (A)ACT OR OMISSION OF A THIRD PARTY; (B)MISTAKES, OMISSIONS, INTERRUPTIONS,ERRORS, FAILURES TO TRANSMIT, DELAYS,OR DEFECTS IN THE SERVICE PROVIDEDBY OR THROUGH THE UNDERLYINGCARRIER; (C) DAMAGE OR INJURY CAUSEDBY SUSPENSION OR TERMINATION BY THEUNDERLYING CARRIER; OR (D) DAMAGE ORINJURY CAUSED BY A FAILURE OR DELAYIN CONNECTING A CALL TO ANY ENTITY,
INCLUDING 911 OR ANY OTHEREMERGENCY SERVICE. TO THE FULLEXTENT ALLOWED BY LAW, THE END USERRELEASES, INDEMNIFIES AND HOLDS THEUNDERLYING CARRIER HARMLESS FROMAND AGAINST ANY AND ALL CLAIMS OFANY PERSON OR ENTITY FOR DAMAGESOF ANY NATURE ARISING IN ANY WAYFROM OR RELATING TO, DIRECTLY ORINDIRECTLY, SERVICES PROVIDED BY THEUNDERLYING CARRIER OR ANY PERSON’SUSE THEREOF, INCLUDING CLAIMS ARISINGIN WHOLE OR IN PART FROM THE ALLEGEDNEGLIGENCE OF THE UNDERLYINGCARRIER.
VII. China Territory
Personal Use Only
You agree to use this Data together with[insert name of Client Application] for thesolely personal, non-commercial purposesfor which you were licensed, and not forservice bureau, time-sharing or other similarpurposes. Accordingly, but subject to therestrictions set forth in the followingparagraphs, you may copy this Data only asnecessary for your personal use to (i) view
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it, and (ii) save it, provided that you do notremove any copyright notices that appearand do not modify the Data in any way. Youagree not to otherwise reproduce, copy,modify, decompile, disassemble or reverseengineer any portion of this Data, and maynot transfer or distribute it in any form, forany purpose, except to the extent permittedby mandatory laws.
Restrictions
Except where you have been specificallylicensed to do so by NAV2 , and withoutlimiting the preceding paragraph, you maynot (a) use this Data with any products,systems, or applications installed orotherwise connected to or in communicationwith vehicles, capable of vehicle navigation,positioning, dispatch, real time routeguidance, fleet management or similarapplications; or (b) with or in communicationwith any positioning devices or any mobileor wireless-connected electronic or computer
devices, including without limitation cellularphones, palmtop and handheld computers,pagers, and personal digital assistants orPDAs. You agree to cease using this Data ifyou fail to comply with these terms andconditions.
Limited Warranty
NAV2 warrants that (a) the Data will performsubstantially in accordance with theaccompanying written materials for a periodof ninety (90) days from the date of receipt,and (b) any support services provided byNAV2 shall be substantially as described inapplicable written materials provided to youby NAV2, and NAV2’s support engineers willmake commercially reasonable efforts tosolve any problem issues.
Customer Remedies
NAV2 and its suppliers’ entire liability andyour exclusive remedy shall be, at NAV2’ssole discretion, either (a) return of the pricepaid, if any, or (b) repair or replacement ofthe Data that do not meet NAV2’s LimitedWarranty and that are returned to NAV2 witha copy of your receipt. This Limited Warranty
is void if failure of the Data has resulted fromaccident, abuse, or misapplication. Anyreplacement Data will be warranted for theremainder of the original warranty period orthirty (30) days, whichever is longer. Neitherthese remedies nor any product supportservices offered by NAV2 are availablewithout proof of purchase from an authorizedinternational source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SETFORTH ABOVE AND TO THE EXTENTPERMITTED BY APPLICABLE LAW, NAV2AND ITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OWNERSHIP ORNON-INFRINGEMENT. Certain warrantyexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
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Limited Liability:
TO THE EXTENT PERMITTED BYAPPLICABLE LAW, NAV2 AND ITSLICENSORS (INCLUDING THEIR LICENSORSAND SUPPLIERS) SHALL NOT BE LIABLE TOYOU: IN RESPECT OF ANY CLAIM, DEMANDOR ACTION, IRRESPECTIVE OF THENATURE OF THE CAUSE OF THE CLAIM,DEMAND OR ACTION ALLEGING ANY LOSS,INJURY OR DAMAGES, DIRECT ORINDIRECT, WHICH MAY RESULT FROM THEUSE OR POSSESSION OF THEINFORMATION; OR FOR ANY LOSS OFPROFIT, REVENUE, CONTRACTS ORSAVINGS, OR ANY OTHER DIRECT,INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUTOF YOUR USE OF OR INABILITY TO USETHIS INFORMATION, ANY DEFECT IN THEINFROMATION, OR THE BREACH OF THESETERMS OR CONDITIONS, WHETHER IN ANACTION IN CONTRACT OR TORT OR BASEDON A WARRANTY, EVEN IF NAV2 OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’s ORITS SUPPLIERS’ LIABILITY HEREUNDEREXCEED THE PRICE PAID. Certain liabilityexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
Export Control
You agree not to export to anywhere anypart of the Data provided to you or any directproduct thereof except in compliance with,and with all licenses and approvals requiredunder, applicable export laws, rules andregulations.
IP Protection
The Data are owned by NAV2 or its suppliersand are protected by applicable copyrightand other intellectual property law andtreaties. The Data are provided solely on thebasis of a license to use, not sale.
Entire Agreement
These terms and conditions constitute theentire agreement between NAV2(and itslicensors, including their licensors andsuppliers) and you pertaining to the subjectmatter hereof, and supersedes in theirentirety any and all written or oralagreements previously existing between uswith respect to such subject matter.
Governing Law.
The above terms and conditions shall begoverned by the laws of the People’sRepublic of China, without giving effect to (i)its conflict of laws provisions, or (ii) the UnitedNations Convention for Contracts for theInternational Sale of Goods, which isexplicitly excluded. Any dispute arising fromor in connection with the Data provided toyou hereunder shall be submitted to theShanghai International Economic and TradeArbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote,Inc., copyright©
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2000-2007 Gracenote. Gracenote Software,copyright © 2000-2007 Gracenote. Thisproduct and service may practice one ormore of the following U.S. Patents 5,987,525;6,061,680; 6,154,773; 6,161,132; 6,230,192;6,230,207; 6.240,459; 6,330,593 and otherpatents issued or pending. Some servicessupplied under license from Open Globe,Inc. for U.S. Patent 6,304,523.
Gracenote and CDDB are registeredtrademarks of Gracenote. The Gracenotelogo and logotype, and the "Powered byGracenote™" logo are trademarks ofGracenote.
Gracenote® End User License Agreement(EULA)
This device contains software fromGracenote, Inc. of 2000 Powell StreetEmeryville, California 94608 ("Gracenote").
The software from Gracenote (the"Gracenote Software") enables this deviceto do disc and music file identification andobtain music-related information, includingname, artist, track, and title information("Gracenote Data") from online servers("Gracenote Servers"), and to perform other
functions. You may use Gracenote Data onlyby means of the intended End User functionsof this device. This device may containcontent belonging to Gracenote's providers.If so, all of the restrictions set forth hereinwith respect to Gracenote Data shall alsoapply to such content and such contentproviders shall be entitled to all of thebenefits and protections set forth herein thatare available to Gracenote. You agree thatyou will use the content from Gracenote("Gracenote Content") , Gracenote Data, theGracenote Software, and Gracenote Serversfor your own personal, non-commercial useonly. You agree not to assign, copy, transferor transmit the Gracenote Content,Gracenote Software or any Gracenote Data(except in a Tag associated with a music file)to any third party. YOU AGREE NOT TO USEOR EXPLOIT GRACENOTE CONTENT,GRACENOTE DATA, THE GRACENOTESOFTWARE, OR GRACENOTE SERVERS,EXCEPT AS EXPRESSLY PERMITTEDHEREIN.
You agree that your non-exclusive licensesto use the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers will terminate if youviolate these restrictions. If your licensesterminate, you agree to cease any and alluse of the Gracenote Content, GracenoteData, the Gracenote Software, andGracenote Servers.
Gracenote, respectively, reserve all rights inGracenote Data, the Gracenote Software,and the Gracenote Servers and GracenoteContent, including all ownership rights.Under no circumstances will eitherGracenote become liable for any paymentto you for any information that you provide,including any copyrighted material or musicfile information. You agree that Gracenotemay enforce its respective rights, collectivelyor separately, under this agreement againstyou, directly in each company's own name.
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Gracenote uses a unique identifier to trackqueries for statistical purposes. The purposeof a randomly assigned numeric identifier isto allow Gracenote to count queries withoutknowing anything about who you are. Formore information, see the web page atwww.gracenote.com for the GracenotePrivacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEMOF GRACENOTE DATA AND THEGRACENOTE CONTENT ARE LICENSED TOYOU "AS IS". NEITHER GRACENOTE MAKESANY REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, REGARDING THEACCURACY OF ANY GRACENOTE DATAFROM THE GRACENOTE SERVERS ORGRACENOTE CONTENT. GRACENOTECOLLECTIVELY AND SEPARATELY RESERVETHE RIGHT TO DELETE DATA AND/ORCONTENT FROM THE COMPANIES'RESPECTIVE SERVERS OR, IN THE CASE OFGRACENOTE, CHANGE DATA CATEGORIESFOR ANY CAUSE THAT GRACENOTEDEEMS SUFFICIENT. NO WARRANTY ISMADE THAT EITHER GRACENOTECONTENT OR THE GRACENOTE SOFTWAREOR GRACENOTE SERVERS ARE
ERROR-FREE OR THAT THE FUNCTIONINGOF THE GRACENOTE SOFTWARE ORGRACENOTE SERVERS WILL BEUNINTERRUPTED. GRACENOTE IS NOTOBLIGATED TO PROVIDE YOU WITH ANYENHANCED OR ADDITIONAL DATA TYPESTHAT GRACENOTE MAY CHOOSE TOPROVIDE IN THE FUTURE AND IS FREE TODISCONTINUE ITS ONLINE SERVICES ATANY TIME. GRACENOTE DISCLAIM ALLWARRANTIES EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE, AND NON-INFRINGEMENT. NEITHERGRACENOTE WARRANTS THE RESULTSTHAT WILL BE OBTAINED BY YOUR USEOF THE GRACENOTE SOFTWARE OR ANYGRACENOTE SERVER. IN NO CASE WILLGRACENOTE BE LIABLE FOR ANYCONSEQUENTIAL OR INCIDENTALDAMAGES OR FOR ANY LOST PROFITS ORLOST REVENUES FOR ANY REASONWHATSOEVER. © Gracenote 2007.
Taiwan Territory
According to the "Technical Specificationsfor Low Power Radio Frequency Equipment"formulated by the National Communicationsand Communication Committee of theExecutive Yuan: 3.8.2. For the low-powerradio frequency equipment that has obtainedthe verification certificate, the company, firmor user shall not change the frequency,increase the power or change thecharacteristics and functions of the originaldesign without authorization.
The use of low-power radio frequencyequipment must not affect flight safety andinterfere with legal communications: whenthe system detects interference, immediatelystop using it until there is no interference.
The aforementioned legal communicationrefers to the wireless communicationoperated in accordance with the provisionsof the Telecommunications ManagementLaw. Low-power radio frequency equipmentneeds to endure the interference of legalcommunication or industrial, scientific andmedical radio wave radiation electricalequipment.
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SUNA TRAFFIC CHANNEL – TERMS ANDCONDITIONS
By activating, using and/or accessing theSUNA Traffic Channel, SUNA Predictive orother content or material provided byIntelematics (together, SUNA Productsand/or Services), you must accept certainterms and conditions. The following is a briefsummary of the terms and conditions thatapply to you. To view the full terms andconditions relevant to your use of the SUNAProducts and/or Services, please consult:
Website
www.sunatraffic.com.au/termsandcondi-tions/
1. Acceptance
By using SUNA Products and/or Services,you will be deemed to have accepted andagreed to be bound by the terms andconditions fully detailed at:
Website
www.sunatraffic.com.au/termsandcondi-tions/
2. Intellectual Property
SUNA Products and/or Services are for yourpersonal use. You may not record, orretransmit the content, nor use the contentin association with any other trafficinformation or route guidance service ordevice not approved by Intelematics. Youobtain no right of ownership in anyIntellectual Property Rights (includingcopyright) in the data that is used to provideSUNA Products and/or Services.
3. Appropriate Use
SUNA Products and/or Services are intendedas an aid to personal motoring and travelplanning, and do not provide comprehensiveor accurate information on all occasions. Onoccasions, you may experience additionaldelay as a result of using SUNA Productsand/or Services. You acknowledge that it isnot intended, or suitable, for use inapplications where time of arrival or drivingdirections may impact the safety of the publicor yourself.
4. Use of SUNA Products and Serviceswhile driving
You, and other authorized drivers of thevehicle in which SUNA Products and/orServices are available or installed and active,remain at all times responsible for observingall relevant laws and codes of safe driving.In particular, you agree to only activelyoperate SUNA Products and/or Serviceswhen the Vehicle is at a complete stop andit is safe to do so.
5. Service Continuity and Reception of theSUNA Traffic Channel
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