
•Consent to Use of Data: You agreethat MS, Microsoft Corporation, FORDMOTOR COMPANY, third partysoftware and systems suppliers, theiraffiliates and/or their designated agentmay collect and use technicalinformation gathered in any manner aspart of product support services relatedto the SOFTWARE or related services.MS, Microsoft Corporation, FORDMOTOR COMPANY, third partysoftware and services suppliers, theiraffiliates and/or their designated agentmay use this information solely toimprove their products or to providecustomized services or technologies toyou. MS, Microsoft Corporation, FORDMOTOR COMPANY, third partysoftware and systems suppliers, theiraffiliates and/or their designated agentmay disclose this information to others,but not in a form that personallyidentifies you.
•Internet-Based ServicesComponents: The SOFTWARE maycontain components that enable andfacilitate the use of certainInternet-based services. Youacknowledge and agree that MS,Microsoft Corporation, FORD MOTORCOMPANY, third party software andservice suppliers, their affiliates and/ortheir designated agent mayautomatically check the version of theSOFTWARE and/or its componentsthat you are utilizing and may provideupgrades or supplements to theSOFTWARE that may be automaticallydownloaded to your DEVICE.
•Additional Software/Services: TheSOFTWARE may permit FORD MOTORCOMPANY, third party software andservice suppliers, MS, MicrosoftCorporation, their affiliates and/or theirdesignated agent to provide or makeavailable to you SOFTWARE updates,
supplements, add-on components, orInternet-based services componentsof the SOFTWARE after the date youobtain your initial copy of theSOFTWARE ("SupplementalComponents").
If FORD MOTOR COMPANY or third partysoftware and services suppliers provide ormake available to you SupplementalComponents and no other EULA terms areprovided along with the SupplementalComponents, then the terms of this EULAshall apply.
If MS, Microsoft Corporation, their affiliatesand/or their designated agent makeavailable Supplemental Components, andno other EULA terms are provided, thenthe terms of this EULA shall apply, exceptthat the MS, Microsoft Corporation oraffiliate entity providing the SupplementalComponent(s) shall be the licensor of theSupplemental Component(s).
FORD MOTOR COMPANY, MS, MicrosoftCorporation, their affiliates and/or theirdesignated agent reserve the right todiscontinue without liability anyInternet-based services provided to you ormade available to you through the use ofthe SOFTWARE.
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•Links to Third Party Sites: The MSSOFTWARE may provide you with theability to link to third party sites throughthe use of the SOFTWARE. The thirdparty sites are not under the control ofMS, Microsoft Corporation, theiraffiliates and/or their designatedagent. Neither MS nor MicrosoftCorporation nor their affiliates nor theirdesignated agent are responsible for(i) the contents of any third party sites,any links contained in third party sites,or any changes or updates to thirdparty sites, or (ii) webcasting or anyother form of transmission receivedfrom any third party sites. If theSOFTWARE provides links to thirdparty sites, those links are provided toyou only as a convenience, and theinclusion of any link does not imply anendorsement of the third party site byMS, Microsoft Corporation, theiraffiliates and/or their designatedagent.
•Obligation to Drive Responsibly:You recognize your obligation to driveresponsibly and keep attention on theroad. You will read and abide with theDEVICE operating instructionsparticularly as they pertain to safetyand assumes any risk associated withthe use of the DEVICE.
UPGRADES AND RECOVERY MEDIA:If the SOFTWARE is provided by FORDMOTOR COMPANY separate from theDEVICE on media such as a ROM chip, CDROM disk(s) or via web download or othermeans, and is labeled "For UpgradePurposes Only" or "For Recovery PurposesOnly" you may install one (1) copy of suchSOFTWARE onto the DEVICE as areplacement copy for the existingSOFTWARE, and use it in accordance withthis EULA, including any additional EULAterms accompanying the upgradeSOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:All title and intellectual property rights inand to the SOFTWARE (including but notlimited to any images, photographs,animations, video, audio, music, text and"applets" incorporated into theSOFTWARE), the accompanying printedmaterials, and any copies of theSOFTWARE, are owned by MS, MicrosoftCorporation, FORD MOTOR COMPANY, ortheir affiliates or suppliers. TheSOFTWARE is licensed, not sold. You maynot copy the printed materialsaccompanying the SOFTWARE. All titleand intellectual property rights in and tothe content which may be accessedthrough use of the SOFTWARE is theproperty of the respective content ownerand may be protected by applicablecopyright or other intellectual propertylaws and treaties. This EULA grants you norights to use such content. All rights notspecifically granted under this EULA arereserved by MS, Microsoft Corporation,FORD MOTOR COMPANY, third partysoftware and service providers, theiraffiliates and suppliers. Use of any on-lineservices which may be accessed throughthe SOFTWARE may be governed by therespective terms of use relating to suchservices. If this SOFTWARE containsdocumentation that is provided only inelectronic form, you may print one copy ofsuch electronic documentation.
EXPORT RESTRICTIONS: Youacknowledge that the SOFTWARE issubject to U.S. and European Union exportjurisdiction. You agree to comply with allapplicable international and national lawsthat apply to the SOFTWARE, includingthe U.S. Export Administration Regulations,as well as end-user, end-use anddestination restrictions issued by U.S. andother governments. For additionalinformation, see:
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Website
http://www.microsoft.com/exporting/
TRADEMARKS: This EULA does not grantyou any rights in connection with anytrademarks or service marks of FORDMOTOR COMPANY, MS, MicrosoftCorporation, third party software or serviceproviders, their affiliates or suppliers.
PRODUCT SUPPORT: Product supportfor the SOFTWARE is not provided by MS,its parent corporation MicrosoftCorporation, or their affiliates orsubsidiaries. For product support, pleaserefer to FORD MOTOR COMPANYinstructions provided in the documentationfor the DEVICE. Should you have anyquestions concerning this EULA, or if youdesire to contact FORD MOTORCOMPANY for any other reason, pleaserefer to the address provided in thedocumentation for the DEVICE.
No Liability for Certain Damages:EXCEPT AS PROHIBITED BY LAW, FORDMOTOR COMPANY, ANY THIRD PARTYSOFTWARE OR SERVICES SUPPLIERS,MS, MICROSOFT CORPORATION ANDTHEIR AFFILIATES SHALL HAVE NOLIABILITY FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL OR INCIDENTALDAMAGES ARISING FROM OR INCONNECTION WITH THE USE ORPERFORMANCE OF THE SOFTWARE. THISLIMITATION SHALL APPLY EVEN IF ANYREMEDY FAILS OF ITS ESSENTIALPURPOSE. IN NO EVENT SHALL MS,MICROSOFT CORPORATION AND/ORTHEIR AFFILIATES BE LIABLE FOR ANYAMOUNT IN EXCESS OF U.S. TWOHUNDRED FIFTY DOLLARS (U.S.$250.00).
•THERE ARE NO WARRANTIES OTHERTHAN THOSE THAT MAY EXPRESSLYBE PROVIDED FOR YOUR NEWVEHICLE.
Adobe
Contains Adobe® [Flash® Player] or[AIR®] technology by Adobe SystemsIncorporated. This [Licensee Product]contains [Adobe® Flash® Player][Adobe® AIR®] software under licensefrom Adobe Systems Incorporated,Copyright ©1995-2009 AdobeMacromedia Software LLC. All rightsreserved. Adobe, Flash and AIR aretrademarks of Adobe SystemsIncorporated.
End User Notice
Microsoft® Windows® Mobile forAutomotive Important SafetyInformation
This system Ford SYNC contains softwarethat is licensed to Manufacturer FORDMOTOR COMPANY by an affiliate ofMicrosoft Corporation pursuant to a licenseagreement. Any removal, reproduction,reverse engineering or other unauthorizeduse of the software from this system inviolation of the license agreement is strictlyprohibited and may subject you to legalaction.
Read and follow instructions: Beforeusing your Windows Automotive- basedsystem, read and follow all instructionsand safety information provided in this enduser manual ("User's Guide"). Notfollowing precautions found in this User'sGuide can lead to an accident or otherserious consequences.
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Route Safety: Do not follow the routesuggestions if doing so would result in anunsafe or illegal maneuver, if you would beplaced in an unsafe situation, or if youwould be directed into an area that youconsider unsafe. The driver is ultimatelyresponsible for the safe operation of thevehicle and therefore, must evaluatewhether it is safe to follow the suggesteddirections.
Potential Map Inaccuracy: Maps usedby this system may be inaccurate becauseof changes in roads, traffic controls ordriving conditions. Always use goodjudgment and common sense whenfollowing the suggested routes.
Emergency Services: Do not rely on anynavigation features included in the systemto route you to emergency services. Asklocal authorities or an emergency servicesoperator for these locations. Not allemergency services such as police, firestations, hospitals and clinics are likely tobe contained in the map database for suchnavigation features.
Telenav Software End User LicenseAgreement
Please read these terms and conditionscarefully before you use the TelenavSoftware. Your use of the TelenavSoftware indicates that you accept theseterms and conditions. If you do not acceptthese terms and conditions, do not breakthe seal of the package, launch, orotherwise use the Telenav Software.
These terms and conditions represent theagreement (“Agreement”) between youand Telenav, Inc. (“Telenav”) with respectto the Telenav Software (includingupgrades, modifications, or additionsthereto) (collectively “Telenav Software”).All references herein to “you” and “your”means you, your employees, agents, andcontractors, and any other entity on whosebehalf you accept these terms and
conditions, all of whom shall also be boundby this Agreement. Additionally, all of youraccount information, as well as otherpayment and personal informationprovided by you to Telenav (directly orthrough the use of the Telenav Software,is subject to Telenav’s privacy policylocated at http://www.telenav.com.
Telenav may revise this Agreement andthe privacy policy at any time, with orwithout notice to you. You agree to visithttp://www.telenav.com from time to timeto review the then current version of thisAgreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attentionto the Telenav Software may pose a riskof injury or death to you and others insituations that otherwise require yourundivided attention, and you thereforeagree to comply with the following whenusing the Telenav Software: (a) observeall traffic laws and otherwise drive safely;(b) use your own personal judgment whiledriving. If you feel that a route suggestedby the Telenav Software instructs you toperform an unsafe or illegal maneuver,places you in an unsafe situation, or directsyou into an area that you consider to beunsafe, do not follow such instructions; (c)do not input destinations, or otherwisemanipulate the Telenav Software, unlessyour vehicle is stationary and parked; (d)do not use the Telenav Software for anyillegal, unauthorized, unintended, unsafe,hazardous, or unlawful purposes, or in anymanner inconsistent with this Agreement;(e) arrange all GPS and wireless devicesand cables necessary for use of theTelenav Software in a secure manner inyour vehicle so that they will not interferewith your driving and will not prevent theoperation of any safety device (such as anairbag).
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You agree to indemnify and hold Telenavharmless against all claims resulting fromany dangerous or otherwise inappropriateuse of the Telenav Software in any movingvehicle, including as a result of your failureto comply with the directions above.
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 the termsof this Agreement, Telenav hereby grantsto you a personal, non-exclusive,non-transferable license (except asexpressly permitted below in connectionwith your permanent transfer of theTelenav Software license), without theright to sublicense, to use the TelenavSoftware (in object code form only) inorder to access and use the TelenavSoftware. This license shall terminate uponany termination or expiration of thisAgreement. You agree that you will use theTelenav Software only for your personalbusiness or leisure purposes, and not toprovide commercial navigation services toother parties.
3.1 License Limitations
You agree not to do any of the following:(a) reverse engineer, decompile,disassemble, translate, modify, alter orotherwise change the Telenav Softwareor any part thereof; (b) attempt to derivethe source code, audio library or structureof the Telenav Software without the priorexpress written consent of Telenav; (c)remove from the Telenav Software, oralter, any of Telenav’s or its suppliers’trademarks, trade names, logos, patent or
copyright notices, or other notices ormarkings; (d) distribute, sublicense orotherwise transfer the Telenav Softwareto others, except as part of your permanenttransfer of the Telenav Software; or (e)use the Telenav Software in any mannerthat (i) infringes the intellectual propertyor proprietary 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, orotherwise objectionable; and (f) lease, rentout, or otherwise permit unauthorizedaccess by third parties to the TelenavSoftware without advanced writtenpermission of Telenav.
4. Disclaimers
To the fullest extent permissible pursuantto applicable law, in no event will Telenav,its licensors and suppliers, or agents oremployees of any of the foregoing, beliable for any decision made or actiontaken by you or anyone else in reliance onthe information provided by the TelenavSoftware. Telenav also does not warrantthe accuracy of the map or other data usedfor the Telenav Software. Such data maynot always reflect reality due to, amongother things, road closures, construction,weather, new roads and other changingconditions. You are responsible for theentire risk arising out of your use of theTelenav Software. For example butwithout limitation, you agree not to rely onthe Telenav Software for critical navigationin areas where the well-being or survivalof you or others is dependent on theaccuracy of navigation, as the maps orfunctionality of the Telenav Software arenot intended to support such high riskapplications, especially in more remotegeographical areas.
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Agreement), and thus your use of theTelenav Software is also subject to suchterms. You agree to comply with thefollowing additional terms and conditions,which are applicable to Telenav’s thirdparty vendor licensors:
9.1 End User Terms Required by HERENorth America, LLC
The data (“Data”) is provided for yourpersonal, internal use only and not forresale. It is protected by copyright, and issubject to the following terms andconditions which are agreed to by you, onthe one hand, and Telenav (“Telenav”) andits licensors (including their licensors andsuppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includesinformation taken with permission fromCanadian authorities, including: © HerMajesty the Queen in Right of Canada, ©Queen's Printer for Ontario, © Canada PostCorporation, GeoBase®, © Department ofNatural Resources Canada.
HERE holds a non-exclusive license fromthe United States Postal Service® topublish and sell ZIP+4® information.
©United States Postal Service® 2014.Prices are not established, controlled orapproved by the United States PostalService®. The following trademarks andregistrations are owned by the USPS:United States Postal Service, USPS, andZIP+4.
The Data for Mexico includes certain datafrom Instituto Nacional de Estadística yGeografía.
TERMS AND CONDITIONS
9.2 End User Terms Required by NAV2(Shanghai) Co., Ltd
The data (“Data”) is provided for yourpersonal, internal use only and not forresale. It is protected by copyright, and issubject to the following terms andconditions which are agreed to by you, onthe one hand, and NAV2 (Shanghai) Co.,Ltd (“NAV2”) and its licensors (includingtheir licensors and suppliers) on the otherhand.
© 20xx. All rights reserved.
Permitted Use.
You agree to use this Data together withthe Telenav Software solely for the internalbusiness and personal purposes for whichyou were licensed, and not for servicebureau, time-sharing or other similarpurposes. Accordingly, but subject to therestrictions set forth in the followingparagraphs, you agree not to otherwisereproduce, copy, modify, decompile,disassemble, create any derivative worksof, or reverse engineer any portion of thisData, and may not transfer or distribute itin any form, for any purpose, except to theextent permitted by mandatory laws.
Restrictions.
Except where you have been specificallylicensed to do so by Telenav, and withoutlimiting the preceding paragraph, you maynot use this Data (a) with any products,systems, or applications installed orotherwise 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 any
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that any such export laws, rules orregulations prohibit HERE from complyingwith any of its obligations hereunder todeliver or distribute Data, such failure shallbe excused and shall not constitute abreach of this Agreement.
Entire Agreement.
These terms and conditions constitute theentire agreement between Telenav (andits licensors, 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 State of Illinois[insert “Netherlands” where EuropeanHERE Data is used], without giving effectto (i) its conflict of laws provisions, or (ii)the United Nations Convention forContracts for the International Sale ofGoods, which is explicitly excluded. Youagree to submit to the jurisdiction of theState of Illinois [insert “The Netherlands”where European HERE Data is used] forany and all disputes, claims and actionsarising from or in connection with the Dataprovided to you hereunder.
Government End Users.
If the Data is being acquired by or on behalfof the United States government or anyother entity seeking or applying rightssimilar to those customarily claimed by theUnited States 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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A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeCountry
“© Royal JordanianGeographic Centre”. Theforegoing notice require-ment for Jordan Data is amaterial term of the Agree-ment. If Client or any of its
Jordan
permitted sublicensees (ifany) fail to meet suchrequirement, HERE shallhave the right to terminateClient’s license with respectto the Jordan Data.
B. Jordan Data. Client and its permittedsublicensees (if any) are restricted fromlicensing and/or otherwise distributingHERE’s database for the country ofJordan (“Jordan Data”) for use in Enter-prise Applications to (i) non-Jordanianentities for use of the Jordan Data solelyin Jordan or (ii) Jordan-based customers.In addition, Client, its permitted subli-censees (if any) and End-Users arerestricted from using the Jordan Data inEnterprise Applications if such party is(i) a non-Jordanian entity using theJordan Data solely in Jordan or (ii) aJordan-based customer. For purposesof the foregoing,“Enterprise Applica-tions” shall mean Geomarketing applic-ations, GIS applications, mobile businessasset management applications, callcenter applications, telematics applica-tions, public organization Internetapplications or for providing geocodingservices.
V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable toTraffic Codes. Client acknowledgesand agrees that in certain countries ofthe Europe Territory, Client will needto obtain rights directly from thirdparty RDS-TMC code providers toreceive and use the Traffic Codes inthe Data and to deliver to End-UsersTransactions in any way derived fromor based on such Traffic Codes. Forsuch countries, HERE shall deliver theData incorporating Traffic Codes toClient only after receiving certificationfrom Client of its having obtained suchrights.
2. Display of Third Party RightsLegends for Belgium. Client shall, foreach Transaction that uses TrafficCodes for Belgium, provide thefollowing notice to the End-User:“Traffic Codes for Belgium areprovided by the Ministerie van deVlaamse Gemeenschap and theMinistèrie de l’Equipement et desTransports.”
B. Paper Maps. With respect to anylicense granted to Client relating tomaking, selling or distributing papermaps (i.e., a map fixed on a paper orpaper-like medium): (a) such licensewith respect to Data for the Territory ofGreat Britain is conditioned on Client’sentering into and complying with aseparate written agreement with theOrdnance Survey (“OS”) to create andsell paper maps, Client’s paying to theOS any and all applicable paper maproyalties, and Client’s complying withthe OS copyright notice requirements;(b) such license for selling or otherwisedistributing for charge with respect toData for the Territory of Czech Republic
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