•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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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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positioning 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 contain inaccurate orincomplete information due to the passageof time, changing circumstances, sourcesused and the nature of collectingcomprehensive geographic data, any ofwhich may lead to incorrect results.
No Warranty.
This Data is provided to you “as is,” andyou agree to use it at your own risk. Telenavand its licensors (and their licensors andsuppliers) make no guarantees,representations or warranties of any kind,express or implied, arising by law orotherwise, including but not limited to,content, quality, accuracy, completeness,effectiveness, reliability, fitness for aparticular purpose, usefulness, use orresults to be obtained from this Data, orthat the Data or server will beuninterrupted or error-free.
Disclaimer of Warranty:
TELENAV AND ITS LICENSORS(INCLUDING THEIR LICENSORS ANDSUPPLIERS) DISCLAIM ANYWARRANTIES, EXPRESS OR IMPLIED, OFQUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR APARTICULAR 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 AND ITS LICENSORS(INCLUDING THEIR LICENSORS ANDSUPPLIERS) SHALL NOT BE LIABLE TOYOU: IN RESPECT OF ANY CLAIM,DEMAND OR ACTION, IRRESPECTIVE OFTHE NATURE OF THE CAUSE OF THECLAIM, DEMAND OR ACTION ALLEGINGANY LOSS, INJURY OR DAMAGES, DIRECTOR INDIRECT, WHICH MAY RESULT FROMTHE USE OR POSSESSION OF THEINFORMATION; OR FOR ANY LOSS OFPROFIT, REVENUE, CONTRACTS ORSAVINGS, OR ANY OTHER DIRECT,INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISINGOUT OF YOUR USE OF OR INABILITY TOUSE THIS INFORMATION, ANY DEFECT INTHE INFORMATION, OR THE BREACH OFTHESE TERMS OR CONDITIONS,WHETHER IN AN ACTION IN CONTRACTOR TORT OR BASED ON A WARRANTY,EVEN IF TELENAV OR ITS LICENSORSHAVE 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 from anywhere anypart of the Data or any direct productthereof except in compliance with, andwith all licenses and approvals requiredunder, applicable export laws, rules andregulations, including but not limited to thelaws, rules and regulations administeredby the Office of Foreign Assets Control ofthe U.S. Department of Commerce and theBureau of Industry and Security of the U.S.Department of Commerce. To the extent
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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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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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