Get Appendices -> End User License Agreement Guide for Ford Fiesta 4 Door Sixth Generation (2009-2016)

Appendices

•

The MS SOFTWARE and/or FORD

END USER LICENSE

AGREEMENT

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 third party

software and service suppliers. The

additional software and services of

third party origin, as well as associated

media, printed materials, and "online"

or electronic documentation ("THIRD

PARTY SOFTWARE") are protected by

international intellectual property laws

and treaties. The THIRD PARTY

SYNCEndUserLicenseAgreement

(EULA)

•

You have acquired a device ("DEVICE")

that includes software licensed by Ford

Motor Company and its affiliates

("FORD MOTOR COMPANY") from an

affiliate of Microsoft Corporation

("MS") . Those installed software

products of MS origin, as well as

associated media, printed materials,

and "online" or electronic

SOFTWARE is licensed, not sold. All

rights reserved.

documentation ("MS SOFTWARE")

are protected by international

intellectual property laws and treaties.

The MS SOFTWARE is licensed, not

•

The MS SOFTWARE, FORD

SOFTWARE and THIRD PARTY

SOFTWARE hereinafter collectively

and individually will be referred to as

"SOFTWARE".

•

The MS 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. The additional

software and systems of FORD

IF YOU DO NOT AGREE TO THIS END

USERLICENSEAGREEMENT("EULA")

DO NOT USE THE DEVICE OR COPY

THE SOFTWARE. ANY USE OF THE

SOFTWARE, INCLUDING BUT NOT

LIMITEDTOUSEONTHEDEVICE,WILL

CONSTITUTE YOUR AGREEMENT TO

THISEULA(ORRATIFICATIONOFANY

PREVIOUS CONSENT).

MOTOR COMPANY origin, as well as

associated media, printed materials,

and "online" or electronic

documentation ("FORD SOFTWARE")

are protected by international

intellectual property laws and treaties.

The FORD SOFTWARE is licensed, not

GRANT OF SOFTWARE LICENSE: This

EULA grants you the following license:

•

You may use the SOFTWARE as

installed on the DEVICE and as

otherwise interfacing with systems

and/or services provide by or through

FORD MOTOR COMPANY or its third

party software and service providers.

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Appendices

Description of Other Rights and

Limitations

•

SOFTWARE Transfer: You may

permanently transfer your rights under

this EULA only as part of a sale or

transfer of the DEVICE, 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.

•

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.

•

Termination: Without prejudice to any

other rights, FORD MOTOR COMPANY

or MS may terminate this EULA if you

fail to comply with the terms and

conditions of this EULA.

•

LimitationsonReverseEngineering,

Decompilation and Disassembly:

You may not reverse engineer,

decompile, or disassemble 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.

Security Updates/Digital Rights

Management: Content owners use

the WMDRM technology included in

your DEVICE to protect their

intellectual property, included

Limitations on Distributing,

copyrighted content. Portions of the

SOFTWARE on your DEVICE use

WMDRM software to access

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

WMDRM-protected content. If the

WMDRM software fails to protect the

content, content owners may ask

Microsoft to revoke the SOFTWARE's

ability to use WMDRM to play or copy

protected content. This action does

not affect unprotected content. When

your DEVICE downloads licenses for

protected content, you agree that

Microsoft may include a revocation list

with the licenses. Content owners may

require you to upgrade the SOFTWARE

on your DEVICE to access their content.

If you decline an upgrade, you will not

be able to access content that requires

the upgrade.

notwithstanding this limitation.

Single EULA: The end user

documentation for the DEVICE 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.

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Appendices

•

Consent to Use of Data: You agree

that MS, Microsoft Corporation, FORD

MOTOR COMPANY, third party

software and systems suppliers, their

affiliates and/or their designated agent

may collect and use technical

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").

information gathered in any manner as

part of product support services related

to the SOFTWARE or related services.

MS, Microsoft Corporation, FORD

MOTOR COMPANY, third party

software and services suppliers, their

affiliates and/or their designated agent

may use this information solely to

improve their products or to provide

customized services or technologies to

you. MS, Microsoft Corporation, FORD

MOTOR COMPANY, third party

software and systems suppliers, their

affiliates and/or their designated agent

may disclose this information to others,

but not in a form that personally

identifies you.

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.

If MS, Microsoft Corporation, their affiliates

and/or their designated agent make

available Supplemental Components, and

no other EULA terms are provided, then

the terms of this EULA shall apply, except

that the MS, Microsoft Corporation or

affiliate entity providing the Supplemental

Component(s) shall be the licensor of the

Supplemental Component(s).

•

Internet-Based Services

FORD MOTOR COMPANY, MS, Microsoft

Corporation, their affiliates and/or their

designated agent reserve the right to

discontinue without liability any

Components: The SOFTWARE may

contain components that enable and

facilitate the use of certain

Internet-based services. You

Internet-based services provided to you or

made available to you through the use of

the SOFTWARE.

acknowledge and agree that MS,

Microsoft Corporation, FORD MOTOR

COMPANY, third party software and

service suppliers, their affiliates and/or

their 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 DEVICE.

•

Additional Software/Services: The

SOFTWARE may permit FORD MOTOR

COMPANY, third party software and

service suppliers, MS, Microsoft

Corporation, their affiliates and/or their

designated agent to provide or make

available to you SOFTWARE updates,

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Appendices

•

Links to Third Party Sites: The MS

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 MS, Microsoft

Corporation, FORD MOTOR COMPANY, or

their affiliates or suppliers. The

SOFTWARE may provide you with the

ability to link to third party sites through

the use of the SOFTWARE. The third

party sites are not under the control of

MS, Microsoft Corporation, their

affiliates and/or their designated

agent. Neither MS nor Microsoft

Corporation nor their affiliates nor their

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

MS, Microsoft Corporation, their

affiliates and/or their designated

agent.

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. All rights not

specifically granted under this EULA are

reserved by MS, Microsoft Corporation,

FORD MOTOR COMPANY, third party

software and service providers, their

affiliates 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.

•

Obligation to Drive Responsibly:

You recognize your obligation to drive

responsibly and keep attention on the

road. You will read and abide with the

DEVICE operating instructions

particularly as they pertain to safety

and assumes any risk associated with

the use of the DEVICE.

UPGRADES AND RECOVERY MEDIA:

If the SOFTWARE is provided by FORD

MOTOR COMPANY separate from the

DEVICE 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 DEVICE as a

replacement copy for the existing

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. For additional

information, see

SOFTWARE, and use it in accordance with

this EULA, including any additional EULA

terms accompanying the upgrade

SOFTWARE.

http://www.microsoft.com/exporting /.

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Appendices

Adobe

TRADEMARKS: This EULA does not grant

you any rights in connection with any

trademarks or service marks of FORD

MOTOR COMPANY, MS, Microsoft

Contains Adobe® [Flash® Player] or

[AIR®] technology by Adobe Systems

Incorporated. This [Licensee Product]

contains [Adobe® Flash® Player]

[Adobe® AIR®] software under license

from Adobe Systems Incorporated,

Macromedia Software LLC. All rights

reserved. Adobe, Flash and AIR are

trademarks of Adobe Systems

Incorporated.

Corporation, third party software or service

providers, their affiliates or suppliers.

PRODUCT SUPPORT: Product support

for the SOFTWARE is not provided by MS,

its parent corporation Microsoft

Corporation, or their affiliates or

subsidiaries. For product support, please

refer to FORD MOTOR COMPANY

instructions provided in the documentation

for the DEVICE. 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 DEVICE.

End User Notice

Microsoft® Windows® Mobile for

Automotive Important Safety

Information

This system Ford SYNC contains software

that is licensed to Manufacturer FORD

MOTOR COMPANY by an affiliate of

Microsoft Corporation pursuant to a license

agreement. Any removal, reproduction,

reverse engineering or other unauthorized

use of the software from this system in

violation of the license agreement is strictly

prohibited and may subject you to legal

action.

No Liability for Certain Damages:

EXCEPT AS PROHIBITED BY LAW, FORD

MOTOR COMPANY, ANY THIRD PARTY

SOFTWARE OR SERVICES SUPPLIERS,

MS, MICROSOFT CORPORATION AND

THEIR AFFILIATES SHALL HAVE NO

LIABILITY FOR ANY INDIRECT, SPECIAL,

CONSEQUENTIAL OR INCIDENTAL

DAMAGES ARISING FROM OR IN

CONNECTION WITH THE USE OR

PERFORMANCEOFTHESOFTWARE.THIS

LIMITATION SHALL APPLY EVEN IF ANY

REMEDY FAILS OF ITS ESSENTIAL

PURPOSE. IN NO EVENT SHALL MS,

MICROSOFT CORPORATION AND/OR

THEIR AFFILIATES BE LIABLE FOR ANY

AMOUNT IN EXCESS OF U.S. TWO

HUNDRED FIFTY DOLLARS (U.S.

$250.00).

Read and follow instructions: Before

using your Windows Automotive- based

system, read and follow all instructions

and safety information provided in this end

user manual ("User's Guide"). Not

following precautions found in this User's

Guide can lead to an accident or other

serious consequences.

Keep User's Guide in vehicle: When kept

in the vehicle, the User's Guide will be a

ready reference for you and other users

unfamiliar with the Windows

Automotive-based system. Please make

certain that before using the system for

the first time, all persons have access to

the User's Guide and read its instructions

and safety information carefully.

•

THERE ARE NO WARRANTIES OTHER

THAN THOSE THAT MAY EXPRESSLY

BE PROVIDED FOR YOUR NEW

VEHICLE.

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Appendices

Use of Speech Recognition Functions:

WARNING

Speech recognition software is inherently

a statistical process which is subject to

errors. It is your responsibility to monitor

any speech recognition functions included

in the system and address any errors.

Operating certain parts of this

system while driving can distract

your attention away from the road,

and possibly cause an accident or other

serious consequences. Do not change

system settings or enter data non-verbally

(using your hands) while driving. Stop the

vehicle in a safe and legal manner before

attempting these operations. This is

important since while setting up or

changing some functions you might be

required to distract your attention away

from the road and remove your hands from

the wheel.

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 seriously

distract your attention and could cause an

accident or other serious consequences.

Stop the vehicle in a safe and legal manner

before attempting these operations.

General Operation

Voice Command Control: Functions

within the Windows Automotive-based

system may be accomplished using only

voice commands. Using voice commands

while driving allows you to operate the

system without removing your hands from

the wheel.

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.

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. Even

occasional short scans to the screen may

be hazardous if your attention has been

diverted away from your driving task at a

critical time.

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.

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.

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Appendices

Potential Map Inaccuracy: Maps used

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.

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.

1. 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: (a) observe

all traffic laws and otherwise drive safely;

(b) 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; (c)

do not input destinations, or otherwise

manipulate the Telenav Software, unless

your vehicle is stationary and parked; (d)

do not use the Telenav Software for any

illegal, unauthorized, unintended, unsafe,

hazardous, or unlawful purposes, or in any

manner inconsistent with this Agreement;

(e) arrange all GPS and wireless devices

and cables necessary for use of the

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.

These terms and conditions represent the

agreement (“Agreement”) between you

and Telenav, Inc. (“Telenav”) with respect

to the Telenav Software (including

upgrades, modifications, or additions

thereto) (collectively “Telenav Software”).

All references herein to “you” and “your”

means you, your employees, agents, and

contractors, and any other entity on whose

behalf you accept these terms and

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).

conditions, all of whom shall also be bound

by this Agreement. Additionally, all of your

account information, as well as other

payment and personal information

provided by you to Telenav (directly or

through the use of the Telenav Software,

is subject to Telenav’s privacy policy

located at http://www.telenav.com.

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.

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2. Account Information

or proprietary rights, rights of publicity or

privacy or other rights of any party, (ii)

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 (iii) 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.

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.

3. 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.

4. 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

3.1 License Limitations

You agree not to do any of the following:

(a) reverse engineer, decompile,

disassemble, translate, modify, alter or

otherwise change the Telenav Software

or any part thereof; (b) attempt to derive

the source code, audio library or structure

of the Telenav Software without the prior

express written consent of Telenav; (c)

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; (d) distribute, sublicense or

otherwise transfer the Telenav Software

to others, except as part of your permanent

transfer of the Telenav Software; or (e)

use the Telenav Software in any manner

that (i) infringes the intellectual property

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

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COURSE OF DEALING, CUSTOM OR

TRADE AND INCLUDING, BUT NOT

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.

LIMITED TO, THE IMPLIED WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND

NON-INFRINGEMENT OF THIRD PARTY

RIGHTSWITHRESPECTTOTHETELENAV

SOFTWARE. Certain jurisdictions do not

permit the disclaimer of certain warranties,

so this limitation may not apply to you.

6. 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.

5. 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.

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 laws 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.

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

7. 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

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Appendices

the terms and conditions of this

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.

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.

8.4

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.

8. Miscellaneous

8.1

This Agreement constitutes the entire

agreement between Telenav and you with

respect to the subject matter hereof.

8.5

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.

8.2

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.

8.6

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”.

8.3

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

9. 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

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Appendices

Agreement), and thus your use of the

TERMS AND CONDITIONS

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:

License Limitations on Use:

You agree that your license to use this Data

is limited to and conditioned on use for

solely personal, noncommercial purposes,

and not for service bureau, timesharing or

other similar purposes. Except as otherwise

set forth herein, 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

End User License Agreement For

Distribution By HERE For North

America/APAC

The content provided (“Data”) is licensed,

not sold. By opening this package, or

installing, copying, or otherwise using the

Data, you agree to be bound by the terms

of this agreement. If you do not agree to

the terms of this agreement, you are not

permitted to install, copy, use, resell or

transfer the Data. If you wish to reject the

terms of this agreement, and have not

installed, copied, or used the Data, you

must contact your retailer or HERE North

America, LLC (as defined below) within

thirty (30) days of purchase for a refund

of your purchase price. To contact HERE,

please visit www.here.com.

mandatory laws.

License Limitations on Transfer:

Your limited license does not allow transfer

or resale of the Data, except on the

condition that you may transfer the Data

and all accompanying materials on a

permanent basis if: (a) you retain no copies

of the Data; (b) the recipient agrees to the

terms of this End-User License Agreement;

and (c) you transfer the Data in the exact

same form as you purchased it by

physically transferring the original media

(e.g., the CD-ROM or DVD you purchased),

all original packaging, all Manuals and

other documentation. Specifically,

The Data is provided for your personal,

internal use only and may not be resold. It

is protected by copyright, and is subject to

the following terms (this“End User License

Agreement”) and conditions which are

agreed to by you, on the one hand, and

HERE and its licensors (including their

licensors and suppliers) on the other hand.

For purposes of these terms, “HERE” shall

mean (a) HERE North America, LLC with

respect to Data for the Americas and/or

the Asia Pacific region and (b) HERE

Europe B.V. for Data for Europe, the Middle

East and/or Africa.

Multi-disc sets may only be transferred or

sold as a complete set as provided to you

and not as a subset thereof.

Additional License Limitations:

Except where you have been specifically

licensed to do so by HERE in a separate

written agreement, and without limiting

the preceding paragraph, your license is

conditioned on use of the Data as

prescribed in this agreement, and you may

not (a) use this Data with any products,

systems, or applications installed or

otherwise connected to or in

The Data includes certain information and

related content provided under license to

HERE from third parties and is subject to

the applicable supplier terms and

copyright notices set forth at the following

URL:

communication with vehicles capable of

vehicle navigation, positioning, dispatch,

http://corporate.navteq.com/supplier_terms.html.

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Appendices

Disclaimer of Liability:

real time route guidance, fleet

management or similar applications; or (b)

with, or in communication with, including

without limitation, cellular phones,

palmtop and handheld computers, pagers,

and personal digital -assistants or PDAs.

HERE 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 THIS DATA; 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 DATA, ANY DEFECT IN THIS

DATA, OR THE BREACH OF THESE TERMS

OR CONDITIONS, WHETHER IN AN

ACTION IN CONTRACT OR TORT OR

BASED ON A WARRANTY, EVEN IF HERE

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.

Note: This Data may contain inaccurate or

incomplete information due to the passage

of time, changing circum-stances, 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. HERE

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.

Export Control:

Disclaimer of Warranty:

You agree not to 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

HERE 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.

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.

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Appendices

Entire Agreement:

Government End Users:

These terms and conditions constitute the

entire agreement between HERE (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

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 this End¬ User License

Agreement, and each copy of Data

delivered or otherwise furnished shall be

marked and embedded as appropriate

with the following “Notice of Use”, and be

treated in accordance with such Notice:

agreements previously existing between

us with respect to such subject matter.

Severability:

You and HERE agree that if any portion of

this agreement is found illegal or

unenforceable, that portion shall be

severed and the remainder of the

Agreement shall be given full force and

effect.

NOTICE OF USE

CONTRACTOR

(MANUFACTURER/SUPPLIER)

Severability:

NAME:

You and HERE agree that if any portion of

this agreement is found illegal or

unenforceable, that portion shall be

severed and the remainder of the

Agreement shall be given full force and

effect.

HERE

CONTRACTOR

(MANUFACTURER/SUPPLIER)

ADDRESS:

425 West Randolph Street, Chicago, IL

60606.

Governing Law:

This Data is a commercial item as defined

in FAR 2.101

The above terms and conditions shall be

governed by the laws of the State of Illinois

(for Data for the Americas and/or the Asia

Pacific region) or The Netherlands (for

Data for Europe, the Middle East and

Africa), 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. For any and all

disputes, claims and actions arising from

or in connection with the Data (“Claims”),

you agree to submit to the personal

jurisdiction of (a) the State of Illinois for

Claims related to Data for the Americas

and/or the Asia Pacific region provided to

you hereunder, and (b) The Netherlands

for Data for Europe, the Middle East and/or

Africa provided to you hereunder.

and is subject to the End User License

Agreement under

which this Data was provided.

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.

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Appendices

Gracenote® Copyright

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

CD and music-related data from

Gracenote. Gracenote Software, copyright

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 SERVERS, EXCEPT AS

EXPRESSLY PERMITTED HEREIN.

Gracenote and CDDB are registered

trademarks of Gracenote. The Gracenote

logo and logotype, and the "Powered by

Gracenote™" logo are trademarks of

Gracenote.

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,

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.

collectively or separately, under this

agreement against you, directly in each

company's own name.

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.

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.

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THEGRACENOTESOFTWARE,EACHITEM

OF GRACENOTE DATA AND THE

Vehicle with SYNC only

FCC ID: KMHSG1P1

IC: 1422A-SG1P1

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

Vehicle with SYNC and MyFord Touch

or MyLincoln Touch

FCC ID: KMHSYNCG2

IC: 1422A-SYNCG2

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: (1) This device

may not cause harmful interference, and

(2) this device must accept any

interference received, including

GRACENOTE, CHANGE DATA

CATEGORIES FOR ANY CAUSE THAT

GRACENOTE DEEMS SUFFICIENT. NO

WARRANTY IS MADE THAT EITHER

GRACENOTE CONTENT OR THE

interference that may cause undesired

operation.

GRACENOTE SOFTWARE OR

WARNING

GRACENOTESERVERSAREERROR-FREE

OR THAT THE FUNCTIONING OF THE

GRACENOTE SOFTWARE OR

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.

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

The antenna used for this transmitter must

not be co-located or operating in

conjunction with any other antenna or

transmitter.

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.

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Appendices -> End User License Agreement for Your Ford Fiesta 4 Door Sixth Generation (2009-2016)

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