Lincoln Corsair: Appendices / End User License Agreement
VEHICLE SOFTWARE END USER LICENSE AGREEMENT (EULA)
- You (“You” or “Your” as applicable) have acquired a vehicle having several devices, including SYNC ® and various control modules, ("DEVICES") that include software licensed or owned by Ford Motor Company and its affiliates ("FORD MOTOR COMPANY"). Those software products of FORD MOTOR COMPANY origin, as well as associated media, printed materials, and "online" or electronic documentation ("SOFTWARE") are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.
- The SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by FORD MOTOR COMPANY.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") DO NOT USE THE DEVICES OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICES, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA grants you the following license:
- You may use the SOFTWARE as installed on the DEVICES and as otherwise interfacing with systems and/or services provide by or through FORD MOTOR COMPANY or its third party software and service providers.
Description of Other Rights and Limitations
- Speech Recognition: If the SOFTWARE includes speech recognition component(s), you should understand that speech recognition is an inherently statistical process and that recognition errors are inherent in the process. Neither FORD MOTOR COMPANY nor its suppliers shall be liable for any damages arising out of errors in the speech recognition process. It is your responsibility to monitor any speech recognition functions included in the system.
- Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, translate, disassemble or attempt to discover any source code or underlying ideas or algorithms of the SOFTWARE nor permit others to reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or to the extent as may be permitted by the licensing terms governing use of any open source components included with the SOFTWARE.
- Limitations on Distributing, Copying, Modifying and Creating Derivative Works: You may not distribute, copy, make modifications to or create derivative works based on the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or to the extent as may be permitted by the licensing terms governing use of any open source components included with the SOFTWARE.
- Single EULA: The end user documentation for the DEVICES and related systems and services may contain multiple EULAs, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). Even if you receive multiple EULAs, you are licensed to use only one (1) copy of the SOFTWARE.
- SOFTWARE Transfer: You may permanently transfer your rights under this EULA only as part of a sale or transfer of the DEVICES, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
- Termination: Without prejudice to any other rights, FORD MOTOR COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
- Internet-Based Services Components: The SOFTWARE may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that FORD MOTOR COMPANY, third party software and service suppliers, its affiliates and/or its designated agent may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your DEVICES.
- Additional Software/Services: The SOFTWARE may permit FORD MOTOR COMPANY, third party software and service suppliers, its affiliates and/or its designated agent to provide or make available to you SOFTWARE updates, supplements, add-on components, or Internet-based services components of the SOFTWARE after the date you obtain your initial copy of the SOFTWARE ("Supplemental Components".) SOFTWARE updates may cause you to incur additional charges from your wireless service provider. If FORD MOTOR COMPANY or third party software and services suppliers provide or make available to you Supplemental Components and no other EULA terms are provided along with the Supplemental Components, then the terms of this EULA shall apply. FORD MOTOR COMPANY, its affiliates and/or its designated agent reserve the right to discontinue without liability any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
- Links to Third Party Sites: The SOFTWARE may provide you with the ability to link to third party sites. The third party sites are not under the control of FORD MOTOR COMPANY, its affiliates and/or its designated agent. Neither FORD MOTOR COMPANY nor its affiliates nor its designated 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 third party sites, or (ii) webcasting or any other form of transmission received from any third party sites. If the SOFTWARE provides links to third party sites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party site by FORD MOTOR COMPANY, its affiliates and/or its designated agent.
Obligation to Drive Responsibly: You recognize your obligation to drive responsibly and keep attention on the road. You will read and abide with the DEVICES operating instructions particularly as they pertain to safety and you agree to assume any risk associated with the use of the DEVICES.
UPGRADES AND RECOVERY MEDIA: If the SOFTWARE is provided by FORD MOTOR COMPANY separate from the DEVICES on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled "For Upgrade Purposes Only" or "For Recovery Purposes Only" you may install one (1) copy of such SOFTWARE onto the DEVICES as a replacement copy for the existing SOFTWARE, and use it in accordance with this EULA, including any additional EULA terms accompanying the upgrade SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by FORD MOTOR COMPANY, or its affiliates or suppliers. The SOFTWARE is licensed, not sold. You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content outside its intended use. All rights not specifically granted under this EULA are reserved by FORD MOTOR COMPANY, its affiliates, and third party software and service providers and suppliers. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.
EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
TRADEMARKS: This EULA does not grant you any rights in connection with any trademarks or service marks of FORD MOTOR COMPANY, its affiliates, and third party software and service providers. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Ford Motor Company is under license. Other trademarks and trade names are those of their respective owners.
PRODUCT SUPPORT: Please refer to FORD MOTOR COMPANY instructions provided in the documentation for the DEVICES product support, such as the vehicle owner guide. Should you have any questions concerning this EULA, or if you desire to contact FORD MOTOR COMPANY for any other reason, please refer to the address provided in the documentation for the DEVICES.
No Liability for Certain Damages: EXCEPT AS PROHIBITED BY LAW, FORD MOTOR COMPANY, ANY THIRD PARTY SOFTWARE OR SERVICES SUPPLIERS, AND THEIR AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THERE ARE NO WARRANTIES OTHER THAN THOSE THAT MAY BE EXPRESSLY PROVIDED FOR YOUR NEW VEHICLE.
SYNC® Automotive Important Safety Information Read and follow instructions:
- Before using your SYNC® system, read and follow all instructions and safety information provided in this end user manual ("Owner Guide".) Not following precautions found in the Owner Guide can lead to an accident or other serious injuries.
General Operation
- Voice Command Control: Certain functions within the SYNC® system may be accomplished using voice commands. Using voice commands while driving helps you to operate the system without removing your hands from the wheel or eyes from the road.
- Prolonged Views of Screen: Do not access any function requiring a prolonged view of the screen while you are driving. Pull over in a safe and legal manner before attempting to access a function of the system requiring prolonged attention.
- Volume Setting: Do not raise the volume excessively. Keep the volume at a level where you can still hear outside traffic and emergency signals while driving. Driving while unable to hear these sounds could cause an accident.
- Navigation Features: Any navigation features included in the system are intended to provide turn by turn instructions to get you to a desired destination. Please make certain all persons using this system carefully read and follow instructions and safety information fully.
- Distraction Hazard: Any navigation features may require manual (non-verbal) setup. Attempting to perform such set-up or insert data while driving can distract your attention and could cause an accident or other serious injury. Stop the vehicle in a safe and legal manner before attempting these operations.
- Let Your Judgment Prevail: Any navigation features are provided only as an aid. Make your driving decisions based on your observations of local conditions and existing traffic regulations. Any such feature is not a substitute for your personal judgment. Any route suggestions made by this system should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices.
- Route Safety: Do not follow the route suggestions if doing so would result in an unsafe or illegal maneuver, if you would be placed in an unsafe situation, or if you would be directed into an area that you consider unsafe. The driver is ultimately responsible for the safe operation of the vehicle and therefore, must evaluate whether it is safe to follow the suggested directions.
- Potential Map Inaccuracy: Maps used by this system may be inaccurate because of changes in roads, traffic controls or driving conditions. Always use good judgment and common sense when following the suggested routes.
- Emergency Services: Do not rely on any navigation features included in the system to route you to emergency services. Ask local authorities or an emergency services operator for these locations. Not all emergency services such as police, fire stations, hospitals and clinics are likely to be contained in the map database for such navigation features.
Your Responsibilities and Assumptions of Risk
- You agree to each of the following:(a) Any use of the SOFTWARE while driving an automobile or other vehicle in violation of applicable law or otherwise driving in an unsafe manner presents a significant risk of distracted driving and should not be attempted under any circumstances;(b) Use of the SOFTWARE at excessive volume poses a significant risk of hearing damage and should not be attempted under any circumstances;(c) The SOFTWARE may not be compatible with new or different versions of an operating system, third party software, or third party services, and the SOFTWARE may potentially cause a critical failure of an operating system, third party software, or third party service.(d) Any third party service accessed by or third party software used with the SOFTWARE (I) may charge an additional fee for access, (ii) may not work correctly, on an uninterrupted basis, or error free, (iii) may change streaming formats or discontinue operation, (iv) may contain adult, profane or offensive content; and (v) may contain inaccurate, false or misleading traffic, weather, financial or safety information or other content; and (e) Use of the SOFTWARE may cause you to incur additional charges from your wireless service provider (WSP) and any data or minute calculators that may be included in the software program are for reference only, are not warranted in any way and should not be relied upon in anyway.
When using the SOFTWARE, you agree to be responsible for and assume the entire risk to the items set forth in Section (a) – (e) above.
Disclaimer of Warranty
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICES AND SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, COMPATIBILITY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY THIRD PARTY SOFTWARE OR THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FORD MOTOR COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE, AND THIRD-PARTY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR AN ARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FORD MOTOR COMPANY DOES NOT WARRANT (a) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES, (b) THAT THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES WILL MEET YOUR REQUIREMENTS, (c) THAT THE OPERATION OF THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (d) OR THAT DEFECTS IN THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORD MOTOR COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMER MAY NOT FULLY APPLY TO YOU. THE SOLE WARRANTY PROVIDED BY FORD MOTOR COMPANY SHALL BE FOUND IN THE WARRANTY INFORMATION INCLUDING WITH YOUR OWNER GUIDE. TO THE EXTENT THAT THERE IS ANY CONFLICT BETWEEN THE TERMS OF THIS SECTION AND THE WARRANTY BOOKLET, THE WARRANTY BOOKLET SHALL CONTROL.
Applicable Law, Venue, Jurisdiction
The laws of the State of Michigan govern this EULA and Your use of the SOFTWARE. Your use of the SOFTWARE may also be subject to other local, state, national, or international laws. Any litigation arising out of or related to this EULA shall be brought and maintained exclusively in a court of the State of Michigan located in Wayne County or in the United States District Court for the Eastern District of Michigan. You hereby consent to submit to the personal jurisdiction of a court in the State of Michigan located in Wayne County and the United States District Court for the Eastern District of Michigan for any dispute arising out of or relating to this EULA.
Binding Arbitration and Class Action Waiver
(a) Application. This Section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO COPYRIGHT INFRINGEMENT, OR TO THE ENFORCEMENT OR VALIDITY OF YOUR, FORD MOTOR COMPANY, OR ANY OF FORD MOTOR COMPANY’S LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between You and FORD MOTOR COMPANY, other than the exceptions listed above, concerning the SOFTWARE (including its price) or this EULA, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
(b) Notice of Dispute. In the event of a Dispute, You or FORD MOTOR COMPANY must give the other a “Notice of Dispute”, which is a written statement of the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You and FORD MOTOR COMPANY will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, You or FORD MOTOR COMPANY may commence arbitration.
(c) Small claims court. You may also litigate any dispute in small claims court in your county of residence or FORD MOTOR COMPANY’S principal place of business, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not You negotiated informally first.
(d) Binding arbitration. If You and FORD MOTOR COMPANY, do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(e) Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor FORD MOTOR COMPANY, will seek to have any dispute heard as a class action, as a private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(f) Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”), under its Commercial Arbitration Rules. If You are an individual and use the SOFTWARE for personal or vehicle use, or if the value of the dispute is $75,000 or less whether or not You are an individual or how You use the SOFTWARE, the AAA Supplementary Procedures for Consumer-Related Disputes will also apply. To commence arbitration, submit a Commercial Arbitration Rules Demand for Arbitration form to the AAA. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. For more information, see adr.org or call 1-800-778-7879. You agree to commence arbitration only in your county of residence or FORD MOTOR COMPANY’S principal place of business. The arbitrator may award the same damages to You individually as a court could. The arbitrator may award declaratory or injunctive relief only to You individually, and only to the extent required to satisfy Your individual claim.
(g) Arbitration fees and incentives.
- Disputes involving $75,000 or less. FORD MOTOR COMPANY will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject FORD MOTOR COMPANY’S last written settlement offer made before the arbitrator was appointed (“last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than the last written offer, FORD MOTOR COMPANY will give you three incentives: (1) pay the greater of the award or $1,000; (2) pay twice your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts.
- Disputes involving more than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- Disputes involving any amount. In any arbitration you commence, FORD MOTOR COMPANY will seek its AAA or arbitrator’s fees and expenses, or Your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration FORD MOTOR COMPANY commences, it will pay all filing, AAA, and arbitrator’s fees and expenses. It will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(h) Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this EULA to which this Section applies must be filed within one year in small claims court (Section c) or in arbitration (Section d). The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
- Severability. If the class action waiver (Section e) is found to be illegal or unenforceable as to all or some parts of a dispute, then that portion of Section e will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of that portion Section e is found to be illegal or unenforceable, that provision will be severed with the remainder of Section e remaining in full force and effect.
Telenav Software End User License Agreement
Please read these terms and conditions carefully before you use the TeleNav Software. Your use of the TeleNav Software indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not break the seal of the package, launch, or otherwise use the TeleNav Software. TeleNav may revise this Agreement and the privacy policy at any time, with or without notice to you. You agree to visit http://www.telenav.com from time to time to review the then current version of this Agreement and of the privacy policy.
- Safe and Lawful Use
You acknowledge that devoting attention to the TeleNav Software may pose a risk of injury or death to you and others in situations that otherwise require your undivided attention, and you therefore agree to comply with the following when using the TeleNav Software:
- observe all traffic laws and otherwise drive safely;
- use your own personal judgment while driving. If you feel that a route suggested by the TeleNav Software instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions;
- do not input destinations, or otherwise manipulate the TeleNav Software, unless your vehicle is stationary and parked;
- do not use the TeleNav Software for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement;
- arrange all GPS and wireless devices and
cables necessary for use of the TeleNav
Software in a secure manner in your vehicle
so that they will not interfere with your
driving and will not prevent the operation of
any safety device (such as an airbag).
You agree to indemnify and hold TeleNav harmless against all claims resulting from any dangerous or otherwise inappropriate use of the TeleNav Software in any moving vehicle, including as a result of your failure to comply with the directions above.
- Account Information
You agree: (a) when registering the TeleNav Software, to provide TeleNav with true, accurate, current, and complete information about yourself, and (b) to inform TeleNav promptly of any changes to such information, and to keep it true, accurate, current and complete.
- Software License
Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license (except as expressly permitted below in connection with your permanent transfer of the TeleNav Software license), without the right to sublicense, to use the TeleNav Software (in object code form only) in order to access and use the TeleNav Software. This license shall terminate upon any termination or expiration of this Agreement. You agree that you will use the TeleNav Software only for your personal business or leisure purposes, and not to provide commercial navigation services to other parties.
- License Limitations
- reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software or any part thereof;
- attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav;
- remove from the TeleNav Software, or alter, any of TeleNav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings;
- distribute, sublicense or otherwise transfer the TeleNav Software to others, except as part of your permanent transfer of the TeleNav Software; or
- use the TeleNav Software in any manner that
infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any party,
violates any law, statute, ordinance or regulation, including but not limited to laws and regulations related to spamming, privacy, consumer and child protection, obscenity or defamation, or
is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; and (f) lease, rent out, or otherwise permit unauthorized access by third parties to the TeleNav Software without advanced written permission of TeleNav.
- License Limitations
- Disclaimers
- To the fullest extent permissible pursuant to applicable law, in no event will TeleNav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the TeleNav Software. TeleNav also does not warrant the accuracy of the map or other data used for the TeleNav Software. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions. You are responsible for the entire risk arising out of your use of the TeleNav Software. For example but without limitation, you agree not to rely on the TeleNav Software for critical navigation in areas where the well-being or survival of you or others is dependent on the accuracy of navigation, as the maps or functionality of the TeleNav Software are not intended to support such high risk applications, especially in more remote geographical areas.
- TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES IN CONNECTION WITH THE TELENAV SOFTWARE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE TELENAV SOFTWARE.
- Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you.
- Limitation of Liability
- TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TELENAV SOFTWARE, EVEN IF TELENAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF TELENAV AND OF ALL OF TELENAV'S SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE TELENAV SOFTWARE. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the TeleNav Software shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association in the County of Santa Clara, California. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. You expressly agree to waive your right to a jury trial. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions. To the extent judicial action is necessary in connection with the binding arbitration, both TeleNav and you agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- Assignment
You may not resell, assign, or transfer this Agreement or any of your rights or obligations, except in totality, in connection with your permanent transfer of the TeleNav Software, and expressly conditioned upon the new user of the TeleNav Software agreeing to be bound by the terms and conditions of this Agreement. Any such sale, assignment or transfer that is not expressly permitted under this paragraph will result in immediate termination of this Agreement, without liability to TeleNav, in which case you and all other parties shall immediately cease all use of the TeleNav Software. Notwithstanding the foregoing, TeleNav may assign this Agreement to any other party at any time without notice, provided the assignee remains bound by this Agreement.
- Miscellaneous
- This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.
- Except for the limited licenses expressly granted in this Agreement, TeleNav retains all right, title and interest in and to the TeleNav Software, including without limitation all related intellectual property rights. No licenses or other rights which are not expressly granted in this Agreement are intended to, or shall be, granted or conferred by implication, statute, inducement, estoppel or otherwise, and TeleNav and its suppliers and licensors hereby reserve all of their respective rights other than the licenses explicitly granted in this Agreement.
- By using the TeleNav Software, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the TeleNav Software (collectively, "Notices") electronically. TeleNav may provide such Notices by posting them on TeleNav's Website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the TeleNav Software.
- TeleNav's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
- The headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement. As used in this Agreement, the words "include" and "including" and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation".
- Other Vendors Terms and Conditions
- The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement includes
end-user terms applicable to these
companies (included at the end of this
Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav’s third
party vendor licensors:
- End User Terms Required by HERE
North America, LLC
The data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Telenav (“Telenav”) and its licensors (including their licensors and suppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase®, © Department of Natural Resources Canada.
HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.
©United States Postal Service® 2014. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4
The Data for Mexico includes certain data from Instituto Nacional de Estadística y Geografía.
- End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and NAV2 (Shanghai) Co., Ltd (“NAV2”) and its licensors (including their licensors and suppliers) on the other hand. 20xx. All rights reserved
- End User Terms Required by HERE
North America, LLC
- The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement includes
end-user terms applicable to these
companies (included at the end of this
Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav’s third
party vendor licensors:
Terms and Conditions
Permitted Use. You agree to use this Data together with the Telenav Software solely for the internal business and personal purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you agree not to otherwise reproduce, copy, modify, decompile, disassemble, create any derivative works of, or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions. Except where you have been specifically licensed to do so by Telenav, and without limiting the preceding paragraph, you may not use this Data (a) with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
No Warranty. This Data is provided to you “as is,” and you agree to use it at your own risk. Telenav and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TELENAV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control. You shall not export from anywhere any part of the Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit HERE from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of this Agreement.
Entire Agreement. These terms and conditions constitute the entire agreement between Telenav (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois [insert “Netherlands” where European HERE Data is used], without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois [insert “The Netherlands” where European HERE Data is used] for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these End-User Terms, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify HERE prior to seeking additional or alternative rights in the Data.
- US/Canada Territory
- United States Data. The End-User Terms for any Application containing Data for the United States shall contain the following notices:
“HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.” “©United States Postal Service® 20XX. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.”
- Canada Data. The following provisions
apply to the Data for Canada, which may
include or reflect data from third party
licensors (“Third Party Data”), including
Her Majesty the Queen in Right of Canada
(“Her Majesty”), Canada Post Corporation
(“Canada Post”) and the Department of
Natural Resources of Canada (“NRCan”):
- Disclaimer and Limitation: Client agrees that its use of the Third Party Data is subject to the following provisions:
- Disclaimer: The Third Party Data is licensed on an “as is” basis. The licensors of such data, including Her Majesty, Canada Post and NRCan, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
- Limitation on Liability: The Third Party Data licensors, including Her Majesty, Canada Post and NRCan, shall not be liable: (i) in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of such Data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the Data.
- Copyright Notice: In connection with each copy of all or any portion of the Data for the Territory of Canada, Client shall affix in a conspicuous manner the following copyright notice on at least one of: (i) the label for the storage media of the copy; (ii) the packaging for the copy; or (iii) other materials packaged with the copy, such as user manuals or end user license agreements: “This data includes information taken with permission from Canadian authorities, including © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase®, © The Department of Natural Resources Canada. All rights reserved.”
- End-User Terms: Except as otherwise agreed by the parties, in connection with the provision of any portion of the Data for the Territory of Canada to End-Users as may be authorized under the Agreement, Client shall provide such End- Users, in a reasonably conspicuous manner, with terms (set forth with other end user terms required to be provided may be provided, by Client) which shall include the following provisions on behalf of the Third Party Data licensors, including Her Majesty, Canada Post and NRCan:
The Data may include or reflect data of licensors, including Her Majesty the Queen in the Right of Canada (“Her Majesty”), Canada Post Corporation (“Canada Post”) and the Department of Natural Resources Canada (“NRCan”). Such data is licensed on an “as is” basis. The licensors, including Her Majesty, Canada Post and NRCan, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose. The licensors, including Her Majesty, Canada Post and NRCan, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the Data. The licensors, including Her Majesty, Canada Post and NRCan, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.
End User shall indemnify and save harmless the licensors, including Her Majesty, Canada Post and NRCan, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data.
- Additional Provisions: The terms contained in this Section are in addition to all of the rights and obligations of the parties under the Agreement. To the extent that any of the provisions of this Section are inconsistent with, or conflict with, any other provisions of the Agreement, the provisions of this Section shall prevail.
- Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional de
Estadística y Geografía (“INEGI”):
Any and all copies of the Data and/or packaging containing Data for Mexico shall contain the following notice: “Fuente: INEGI (Instituto Nacional de Estadística y Geografía)”
- Latin America Territory
Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
- Middle East Territory
A. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
B. Jordan Data. Client and its permitted sublicensees (if any) are restricted from licensing and/or otherwise distributing HERE’s database for the country of Jordan (“Jordan Data”) for use in Enterprise Applications to (i) non-Jordanian entities for use of the Jordan Data solely in Jordan or (ii) Jordan-based customers. In addition, Client, its permitted sublicensees (if any) and End-Users are restricted from using the Jordan Data in Enterprise Applications if such party is (i) a non-Jordanian entity using the Jordan Data solely in Jordan or (ii) a Jordan-based customer. For purposes of the foregoing, “Enterprise Applications” shall mean Geomarketing applications, GIS applications, mobile business asset management applications, call center applications, telematics applications, public organization Internet applications or for providing geocoding services.
- Europe Territory
A. Use of Certain Traffic Codes in Europe
- General Restrictions Applicable to Traffic Codes. Client acknowledges and agrees that in certain countries of the Europe Territory, Client will need to obtain rights directly from third party RDS-TMC code providers to receive and use the Traffic Codes in the Data and to deliver to End-Users Transactions in any way derived from or based on such Traffic Codes. For such countries, HERE shall deliver the Data incorporating Traffic Codes to Client only after receiving certification from Client of its having obtained such rights.
- Display of Third Party Rights Legends for Belgium. Client shall, for each Transaction that uses Traffic Codes for Belgium, provide the following notice to the End-User: “Traffic Codes for Belgium are provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l’Equipement et des Transports.”
B. Paper Maps. With respect to any license granted to Client relating to making, selling or distributing paper maps (i.e., a map fixed on a paper or paper-like medium): (a) such license with respect to Data for the Territory of Great Britain is conditioned on Client’s entering into and complying with a separate written agreement with the Ordnance Survey (“OS”) to create and sell paper maps, Client’s paying to the OS any and all applicable paper map royalties, and Client’s complying with the OS copyright notice requirements; (b) such license for selling or otherwise distributing for charge with respect to Data for the Territory of Czech Republic is conditioned on Client’s obtaining prior written consent from Kartografie a.s.; (c) such license for selling or distributing with respect to Data for the Territory of Switzerland is conditioned on Client’s obtaining a permit from Bundesamt für Landestopografie of Switzerland; (d) Client is restricted from using Data for the Territory of France to create paper maps with a scale between 1:5,000 and 1:250,000; and (e) Client is restricted from using any Data to create, sell or distribute paper maps that are the same or substantially similar, in terms of data content and specific use of color, symbols and scale, to paper maps published by the European national mapping agencies, including without limitation, Landervermessungämter of Germany, Topografische Dienst of the Netherlands, Nationaal Geografisch Instituut of Belgium, Bundesamt für Landestopografie of Switzerland, Bundesamt für Eich-und Vermessungswesen of Austria, and the National Land Survey of Sweden.
C. OS Enforcement. Without limiting Section IV(B) above, with respect to Data for the Territory of Great Britain, Client acknowledges and agrees that the Ordnance Survey (“OS”) may bring a direct action against Client to enforce compliance with the OS copyright notice (see Section IV(D) below) and paper map requirements (see Section IV(B) above) contained in this Agreement.
D. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
E. Respective Country Distribution. Client acknowledges that HERE has not received approvals to distribute map data for the following countries in such respective countries: Albania, Belarus, Kyrgyzstan, Moldova and Uzbekistan. HERE may update such list from time to time. The license rights granted to Client under this TL with respect to the Data for such countries are contingent upon Client’s compliance with all applicable laws and regulations, including, without limitation, any required licenses or approvals to distribute the Application incorporating such Data in such respective countries.
- Australia Territory
A. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
Copyright. Based on data provided under license from PSMA Australia Limited (www.psma.com.au). Product incorporates data which is © 20XX Telstra Corporation Limited, GM Holden Limited, Intelematics Australia Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In addition to the foregoing, the End-User Terms for any Application containing RDSTMC Traffic Codes for Australia shall contain the following notice: “Product incorporates traffic location codes which is © 20XX Telstra Corporation Limited and its licensors.”
AT&T Vehicle Network Carrier Telematics Disclosure
- END USER FOR PURPOSES OF THIS SECTION MEANS YOU AND YOUR HEIRS, EXECUTORS, LEGAL PERSONAL REPRESENTATITVES AND PERMITED ASSIGNS. FOR PURPOSES OF THIS SECTION “UNDERLYING WIRELESS SERVICE CARRIER” INCLUDES ITS AFFILIATES AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS. END USER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND END USER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN FORD AND UNDERLYING CARRIER. END USER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO END USER. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, END USER'S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY END USER FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
- END USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE DEVICE EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.
- END USER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE DEVICE.
- END USER UNDERSTANDS THAT FORD AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES THE SERVICE IS FOR [END USER’S] USE ONLY AND END USER MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY END USER UNDERSTANDS THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. THE UNDERLYING CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO 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 PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, THE END USER RELEASES, INDEMNIFIES AND HOLDS THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.
- China Territory
Personal Use Only
You agree to use this Data together with [insert name of Client Application] for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions
Except where you have been specifically licensed to do so by NAV2 , and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs. You agree to cease using this Data if you fail to comply with these terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by NAV2 shall be substantially as described in applicable written materials provided to you by NAV2, and NAV2’s support engineers will make commercially reasonable efforts to solve any problem issues.
Customer Remedies
NAV2 and its suppliers’ entire liability and your exclusive remedy shall be, at NAV2’s sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the Data that do not meet NAV2’s Limited Warranty and that are returned to NAV2 with a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from accident, abuse, or misapplication. Any replacement Data will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by NAV2 are available without proof of purchase from an authorized international source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAV2 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT. Certain warranty exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAV2 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFROMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NAV2 OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NAV2’s OR ITS SUPPLIERS’ LIABILITY HEREUNDER EXCEED THE PRICE PAID. Certain liability exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Export Control
You agree not to export to anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its suppliers and are protected by applicable copyright and other intellectual property law and treaties. The Data are provided solely on the basis of a license to use, not sale.
Entire Agreement
These terms and conditions constitute the entire agreement between NAV2(and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law.
The above terms and conditions shall be governed by the laws of the People’s Republic of China, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. Any dispute arising from or in connection with the Data provided to you hereunder shall be submitted to the Shanghai International Economic and Trade Arbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote, Inc., copyright©
2000-2007 Gracenote. Gracenote Software, copyright © 2000-2007 Gracenote. This product and service may practice one or more 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 other patents issued or pending. Some services supplied under license from Open Globe, Inc. for U.S. Patent 6,304,523.
Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the "Powered by Gracenote™" logo are trademarks of Gracenote.
Gracenote® End User License Agreement (EULA)
This device contains software from Gracenote, Inc. of 2000 Powell Street Emeryville, California 94608 ("Gracenote").
The software from Gracenote (the "Gracenote Software") enables this device to do disc and music file identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers"), and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this device. This device may contain content belonging to Gracenote's providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote. You agree that you will use the content from Gracenote ("Gracenote Content") , Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal, non-commercial use only. You agree not to assign, copy, transfer or 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 USE OR EXPLOIT GRACENOTE CONTENT, GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive licenses to use the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your licenses terminate, you agree to cease any and all use of the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers.
Gracenote, respectively, reserve all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers and Gracenote Content, including all ownership rights. Under no circumstances will either Gracenote become liable for any payment to you for any information that you provide, including any copyrighted material or music file information. You agree that Gracenote may enforce its respective rights, collectively or separately, under this agreement against you, directly in each company's own name.
Gracenote uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow Gracenote to count queries without knowing anything about who you are. For more information, see the web page at www.gracenote.com for the Gracenote Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA AND THE GRACENOTE CONTENT ARE LICENSED TO YOU "AS IS". NEITHER GRACENOTE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS OR GRACENOTE CONTENT. GRACENOTE COLLECTIVELY AND SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR CONTENT FROM THE COMPANIES' RESPECTIVE SERVERS OR, IN THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS MADE THAT EITHER GRACENOTE CONTENT OR THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME. GRACENOTE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER GRACENOTE WARRANTS THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES FOR ANY REASON WHATSOEVER. © Gracenote 2007.
Radio Frequency Statement
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of the FCC Rules and with RSS-210 of Industry Canada. Operation is subject to the following two conditions:
This device may not cause harmful interference, and
this device must accept any interference received, including interference that may cause undesired operation.
WARNING: Changes or modifications not expressively approved by the party responsible for compliance could void the user's authority to operate the equipment. The term "IC:" before the radio certification number only signifies that Industry Canada technical specifications were met.
The antenna used for this transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.
Taiwan Territory
Note: In accordance with the management approach of low-power radio wave radiation motors:
Article 12: For approved and certified low-power radiation motor models, companies, firms or users must not alter the frequency, increase the power or change the characteristics and functions of the original design without authorization.
Article 14: The usage of low-power radio-frequency motors must not affect aviation safety and interfere with legal telecommunications. Should interference be detected, immediately stop using the device and only resume usage after ensuring that there is no longer any interference. For the legal telecommunication and wireless telecommunication of the telco, the low-power radio frequency motor must be able to tolerate legal limits of interference from telecommunication, industrial, scientific and radio wave equipment.
SUNA TRAFFIC CHANNEL – TERMS AND CONDITIONS
By activating, using and/or accessing the SUNA Traffic Channel, SUNA Predictive or other content or material provided by Intelematics (together, SUNA Products and/or Services), you must accept certain terms and conditions. The following is a brief summary of the terms and conditions that apply to you. To view the full terms and conditions relevant to your use of the SUNA Products and/or Services, please consult:
Website
www.sunatraffic.com.au/termsandconditions/
- Acceptance
By using SUNA Products and/or Services, you will be deemed to have accepted and agreed to be bound by the terms and conditions fully detailed at:
Website
- Intellectual Property
SUNA Products and/or Services are for your personal use. You may not record, or retransmit the content, nor use the content in association with any other traffic information or route guidance service or device not approved by Intelematics. You obtain no right of ownership in any Intellectual Property Rights (including copyright) in the data that is used to provide SUNA Products and/or Services.
- Appropriate Use
SUNA Products and/or Services are intended as an aid to personal motoring and travel planning, and do not provide comprehensive or accurate information on all occasions. On occasions, you may experience additional delay as a result of using SUNA Products and/or Services. You acknowledge that it is not intended, or suitable, for use in applications where time of arrival or driving directions may impact the safety of the public or yourself.
-
Use of SUNA Products and Services while driving
You, and other authorised drivers of the vehicle in which SUNA Products and/or Services are available or installed and active, remain at all times responsible for observing all relevant laws and codes of safe driving. In particular, you agree to only actively operate SUNA Products and/or Services when the Vehicle is at a complete stop and it is safe to do so.
- Service Continuity and Reception of the SUNA Traffic Channel
We will use reasonable endeavours to provide the SUNA Traffic Channel 24 hours a day, 365 days a year. The SUNA Traffic Channel may occasionally be unavailable for technical reasons or for planned maintenance. We will try to perform maintenance at times when congestion is light. We reserve the right to withdraw SUNA Products and/or Services at any time.
Also, we cannot assure the uninterrupted reception of the SUNA Traffic Channel RDS-TMC signal at any particular location.
- Limitation of Liability
Neither Intelematics (nor its suppliers or the manufacturer of your device (the “Suppliers”)) shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise arising out of the use of or inability to use SUNA Products and/or Services even if Intelematics or a Supplier has been advised of the possibility of such damages. You also acknowledge that the neither Intelematics nor any Supplier guarantees nor make any warranties that relate to the availability, accuracy or completeness of SUNA Products and/or Services, and to the extent which it is lawful to do so, both Intelematics and each Supplier excludes any warranties which might otherwise be implied by any State or Federal legislation in relation to SUNA Products and/or Services.
- Please Note
Great care has been taken in preparing this manual. Constant product development may mean that some information is not entirely up-to-date. The information in this document is subject to change without notice.