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. You agree to ceaseusing this Data if you fail to comply withthese terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data willperform substantially in accordance withthe accompanying written materials for aperiod of ninety (90) days from the dateof receipt, and (b) any support servicesprovided by NAV2 shall be substantially asdescribed in applicable written materialsprovided to you by NAV2, and NAV2’ssupport engineers will make commerciallyreasonable efforts to solve any problemissues.
rigCustomer 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 NAV2with a copy of your receipt. This LimitedWarranty is void if failure of the Data hasresulted from accident, abuse, ormisapplication. Any replacement Data willbe warranted for the remainder of theoriginal warranty period or thirty (30) days,whichever is longer. Neither these remediesnor any product support services offeredby NAV2 are available without proof ofpurchase from an authorized internationalsource.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTYSET FORTH 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.
Limited Liability:
TO THE EXTENT PERMITTED BYAPPLICABLE LAW, NAV2 AND ITSLICENSORS (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 INFROMATION, ORTHE BREACH OF THESE TERMS ORCONDITIONS, WHETHER IN AN ACTIONIN CONTRACT OR TORT OR BASED ON AWARRANTY, EVEN IF NAV2 OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. UNDERNO 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.
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Export Control
You agree not to export to anywhere anypart of the Data provided to you or anydirect product thereof except incompliance with, and with all licenses andapprovals required under, applicableexport laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or itssuppliers and are protected by applicablecopyright and other intellectual propertylaw and treaties. The Data are providedsolely on the basis of a license to use, notsale.
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 betweenus with 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) theUnited Nations Convention for Contractsfor the International Sale of Goods, whichis explicitly excluded. Any dispute arisingfrom or in connection with the Dataprovided to you hereunder shall besubmitted to the Shanghai InternationalEconomic and Trade ArbitrationCommission for arbitration.
Gracenote® Copyright
CD and music-related data fromGracenote, Inc., copyright© 2000-2007Gracenote. Gracenote Software, copyright© 2000-2007 Gracenote. This product andservice may practice one or more of thefollowing 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 other patents issued orpending. Some services supplied underlicense 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 performother functions. You may use GracenoteData only by means of the intended EndUser functions of this device.
This device may contain content belongingto Gracenote's providers. If so, all of therestrictions set forth herein with respect toGracenote Data shall also apply to suchcontent and such content providers shallbe entitled to all of the benefits andprotections set forth herein that areavailable to Gracenote.
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You agree that you will use the contentfrom Gracenote ("Gracenote Content") ,Gracenote Data, the Gracenote Software,and Gracenote Servers for your ownpersonal, non-commercial use only. Youagree not to assign, copy, transfer ortransmit the Gracenote Content,Gracenote Software or any GracenoteData (except in a Tag associated with amusic file) to any third party. YOU AGREENOT TO USE OR EXPLOIT GRACENOTECONTENT, GRACENOTE DATA, THEGRACENOTE SOFTWARE, ORGRACENOTE SERVERS, EXCEPT ASEXPRESSLY PERMITTED HEREIN.
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 in GracenoteData, the Gracenote Software, and theGracenote Servers and Gracenote Content,including all ownership rights. Under nocircumstances will either Gracenotebecome liable for any payment to you forany information that you provide, includingany copyrighted material or music fileinformation. You agree that Gracenotemay enforce its respective rights,collectively or separately, under thisagreement against you, directly in eachcompany's own name.
Gracenote uses a unique identifier to trackqueries for statistical purposes. Thepurpose of a randomly assigned numericidentifier is to allow Gracenote to countqueries without knowing anything aboutwho you are. For more information, see theweb page at www.gracenote.com for theGracenote Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEMOF GRACENOTE DATA AND THEGRACENOTE CONTENT ARE LICENSEDTO YOU "AS IS". NEITHER GRACENOTEMAKES ANY REPRESENTATIONS ORWARRANTIES, EXPRESS OR IMPLIED,REGARDING THE ACCURACY OF ANYGRACENOTE DATA FROM THEGRACENOTE SERVERS OR GRACENOTECONTENT. GRACENOTE COLLECTIVELYAND SEPARATELY RESERVE THE RIGHTTO DELETE DATA AND/OR CONTENTFROM THE COMPANIES' RESPECTIVESERVERS OR, IN THE CASE OFGRACENOTE, CHANGE DATACATEGORIES FOR ANY CAUSE THATGRACENOTE DEEMS SUFFICIENT. NOWARRANTY IS MADE THAT EITHERGRACENOTE CONTENT OR THEGRACENOTE SOFTWARE ORGRACENOTE SERVERS ARE ERROR-FREEOR THAT THE FUNCTIONING OF THEGRACENOTE 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 FREETO DISCONTINUE ITS ONLINE SERVICESAT ANY TIME. GRACENOTE DISCLAIM ALLWARRANTIES EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, ANDNON-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 PROFITSOR LOST REVENUES FOR ANY REASONWHATSOEVER.
© Gracenote 2007.
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Vehicle with SYNC only
United States and Mexico
FCC ID: KMHSG1G1
IC: 1422A-SG1G1
Mexico
Model: KMHSG1P1
NOM-121-SCT1-2009
The operation of this equipment is subjectto the following two conditions: (1) Thisequipment or device may not causeharmful interference, and (2) thisequipment or device must accept anyinterference, including interference thatmay cause undesired operation.
Vehicle with SYNC withTouchscreen/My Touch
FCC ID: KMHSYNCG2
IC: 1422A-SYNCG2
This device complies with Part 15 of theFCC Rules and with RSS-210 of IndustryCanada. Operation is subject to thefollowing two conditions: (1) This devicemay not cause harmful interference, and(2) this device must accept anyinterference received, includinginterference that may cause undesiredoperation.
WARNING: Changes ormodifications not expressively approvedby the party responsible for compliancecould void the user's authority to operatethe equipment. The term "IC:" before theradio certification number only signifiesthat Industry Canada technicalspecifications were met.
The antenna used for this transmitter mustnot be co-located or operating inconjunction with any other antenna ortransmitter.
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