Get Customer Information -> End User License Agreement Guide for Ford Puma SUV 2019-2024

Customer Information

Using mobile communications equipment

emergency situations. Safety must be

is becoming increasingly important in the

paramount when using mobile

conduct of business and personal affairs.

communications equipment to avoid

However, you must not compromise your

negating these benefits. Mobile

own or others’ safety when using such

communication equipment includes, but

equipment. Mobile communications can

is not limited to, cellular phones, pagers,

enhance personal safety and security when

portable email devices, text messaging

appropriately used, particularly in

devices and portable two-way radios.

ECALL USER INFORMATION

eCall User Information According to Regulation (EU) 2017/78, Annex I,

Part 3

1 DESCRIPTION OF THE ECALL IN-VEHICLE SYSTEM

1.1.

Overview of the 112-based eCall in-vehicle system, its operation and functional-

ities: See What Is eCall (page 47).

1.2.

The 112-based eCall service is a public service of general interest and is

accessible free of charge.

1.3.

The 112-based eCall in-vehicle system is activated by default. It is activated

automatically by means of in-vehicle sensors in the event of a severe accident.

It will also be triggered automatically when the vehicle is equipped with a TPS

system which does not function in the event of a severe accident.

1.4.

The 112-based eCall in-vehicle system can also be triggered manually, if needed.

Instructions for manual activation of the system: See Manually Making an

Emergency Call (page 47).

1.5.

In the event of a critical system failure that would disable the 112-based eCall

in-vehicle system, the following warning will be given to the occupants of the

vehicle: See Emergency Call Indicators (page 48).

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Customer Information

2 INFORMATION ON DATA PROCESSING

2.1.

Any processing of personal data through the 112-based eCall in-vehicle system

shall comply with the personal data protection rules provided for in Directives

95/46/EC (1) and 2002/58/EC (2) of the European Parliament and of the

Council, and in particular, shall be based on the necessity to protect the vital

interests of the individuals in accordance with Article 7(d) of Directive 95/46/

EC (3).

2.2.

Processing of such data is strictly limited to the purpose of handling the emer-

gency eCall to the single European emergency number 112.

2.3.

Types of data and its recipients.

2.3.1.

The 112-based eCall in-vehicle system may collect and process only the following

data:

– Vehicle Identification Number.

– Vehicle type (passenger vehicle or light commercial vehicle).

– Vehicle propulsion storage type (gasoline/diesel/CNG/LPG/elec-

tric/hydrogen).

– Vehicle last three locations and direction of travel.

– Log file of the automatic activation of the system and its timestamp.

– Any additional data (if applicable): -

2.3.2.

Recipients of data processed by the 112-based eCall in-vehicle system are the

relevant public safety answering points designated by the respective public

authorities of the country on which territory they are located, to first receive and

handle eCalls to the single European emergency number 112.

Additional information (if available): -

2.4.

Arrangements for data processing.

2.4.1.

The 112-based eCall in-vehicle system is designed in such a way as to ensure

that the data contained in the system memory is not available outside the

system before an eCall is triggered.

Additional remarks (if any): -

2.4.2.

The 112-based eCall in-vehicle system is designed in such a way as to ensure

that it is not traceable and not subject to any constant tracking in its normal

operation status.

Additional remarks (if any): -

2.4.3.

The 112-based eCall in-vehicle system is designed in such a way as to ensure

that data in the system internal memory is automatically and continuously

removed.

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Customer Information

2.4.3.1. The vehicle location data is constantly overwritten in the internal memory of

the system so as always to keep maximum of the last three up-to-date locations

of the vehicle necessary for the normal functioning of the system.

2.4.3.2. The log of activity data in the 112-based eCall in-vehicle system is kept for no

longer than necessary for attaining the purpose of handling the emergency eCall

and in any case not beyond 13 hours from the moment an emergency eCall was

initiated.

Additional remarks (if any): -

2.5.

Modalities for exercising data subject's rights.

2.5.1.

The data subject (the vehicle's owner) has a right of access to data and as

appropriate to request the rectification, erasure or blocking of data, concerning

him or her, the processing of which does not comply with the provisions of

Directive 95/46/EC. Any third parties to whom the data have been disclosed

have to be notified of such rectification, erasure or blocking carried out in

compliance with this Directive, unless it proves impossible or involves a dispro-

portionate effort.

2.5.2.

The data subject has a right to complain to the competent data protection

authority if he or she considers that his or her rights have been infringed as a

result of the processing of his or her personal data.

2.5.3.

Contact service responsible for handling access requests (if any): Contact the

data protection officer of your local Public Safety Answering Point.

(1)

Directive 95/46/EC of the European Parliament and of the Council of 24 October

1995 on the protection of individuals with regard to the processing of personal

data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(2)

Directive 2002/58/EC of the European Parliament and of the Council of 12 July

2002 concerning the processing of personal data and the protection of privacy

in the electronic communications sector (Directive on privacy and electronic

communications) (OJ L 201, 31.7.2002, p. 37).

(3)

Directive 95/46/EC is repealed by Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of natural

persons with regard to the processing of personal data and on the free move-

ment of such data (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.

1). The Regulation applies from 25 May 2018.

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Customer Information

3 INFORMATION ON THIRD PARTY SERVICES AND OTHER ADDED VALUE

SERVICES (IF FITTED)

3.1.

Description of the operation and the functionalities of the TPS system/added

value service: Your vehicle may be equipped with a modem that allows for

emergency calls (eCall), automatic software updates and other services. See

the information in this Owner’s Manual or in the FordPass app for a description

of these services. We provide a 112-based eCall in-vehicle system and we do

not provide a TPS eCall system.

3.2.

Any processing of personal data through the TPS system/other added value

service shall comply with the personal data protection rules provided for in

Directives 95/46/EC and 2002/58/EC.

3.2.1.

Legal basis for the use of TPS system and/or added value services and for

processing data through them: For information on the legal bases for processing

of personal data through added value services, review the data privacy inform-

ation for any services to which you subscribe. This privacy information can be

found in the FordPass app or on the local Ford website.

3.3.

The TPS system and/or other added value services shall process personal data

only on the base of the explicit consent of the data subject (the vehicle's owner

or owners).

3.4.

Modalities for data processing through TPS system and/or other added value

services, including any necessary additional information regarding traceability,

tracking and processing of personal data: See the privacy information in the

FordPass app or on the local Ford website.

3.5.

The owner of a vehicle equipped with a TPS eCall system and/or other added

value service in addition to the 112-based eCall in-vehicle system has the right

to choose to use the 112-based eCall in-vehicle system rather than the TPS eCall

system and the other added value service.

3.5.1.

Contact details for handling TPS eCall system deactivation requests: You can

have all added value services deactivated except for eCall. To find out more

about having all added value services deactivated except for eCall, search Ask

Ford on the local Ford website or contact the Ford Customer Relationship Center

by e-mail through the FordPass app or by using the e-mail address on the local

Ford website.

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$Customer InformationDescription of Other Rights andEND USER •Speech Recognition: If theVEHICLE SOFTWARE END USERSOFTWARE includes speechLICENSE AGREEMENT (EULA)recognition component(s), you shouldunderstand that speech recognition is•You (“You” or “Your” as applicable)an inherently statistical process andhave acquired a vehicle having severalthat recognition errors are inherent indevices, including SYNC ® and variousthe process. Neither FORD MOTORcontrol modules, ("DEVICES") thatCOMPANY nor its suppliers shall beinclude software licensed or owned byliable for any damages arising out ofFord Motor Company and its affiliateserrors in the speech recognition("FORD MOTOR COMPANY"). Thoseprocess. It is your responsibility tosoftware products of FORD MOTORmonitor any speech recognitionCOMPANY origin, as well as associatedfunctions included in the , printed materials, and "online"•Limitations on Reverse Engineering,or electronic documentationDecompilation and Disassembly:("SOFTWARE") are protected byYou may not reverse engineer,international intellectual property lawsdecompile, translate, disassemble orand treaties. The SOFTWARE isattempt to discover any source codelicensed, not sold. All rights underlying ideas or algorithms of the•The SOFTWARE may interface withSOFTWARE nor permit others toand/or communicate with, or may bereverse engineer, decompile orlater upgraded to interface with and/ordisassemble the SOFTWARE, exceptcommunicate with additional softwareand only to the extent that such activityand/or systems provided by FORDis expressly permitted by applicableMOTOR notwithstanding this limitation orto the extent as may be permitted byIF YOU DO NOT AGREE TO THIS ENDthe licensing terms governing use ofUSER LICENSE AGREEMENT ("EULA")any open source components includedDO NOT USE THE DEVICES OR COPYwith the SOFTWARE. ANY USE OF THESOFTWARE, INCLUDING BUT NOT•Limitations on Distributing,LIMITED TO U$

Customer Information

Description of Other Rights and

END USER LICENSE

Limitations.

AGREEMENT

•

Speech Recognition: If the

VEHICLE SOFTWARE END USER

SOFTWARE includes speech

LICENSE AGREEMENT (EULA)

recognition component(s), you should

understand that speech recognition is

•

You (“You” or “Your” as applicable)

an inherently statistical process and

have acquired a vehicle having several

that recognition errors are inherent in

devices, including SYNC ® and various

the process. Neither FORD MOTOR

control modules, ("DEVICES") that

COMPANY nor its suppliers shall be

include software licensed or owned by

liable for any damages arising out of

Ford Motor Company and its affiliates

errors in the speech recognition

("FORD MOTOR COMPANY"). Those

process. It is your responsibility to

software products of FORD MOTOR

monitor any speech recognition

COMPANY origin, as well as associated

functions included in the system.

media, printed materials, and "online"

•

Limitations on Reverse Engineering,

or electronic documentation

Decompilation and Disassembly:

("SOFTWARE") are protected by

You may not reverse engineer,

international intellectual property laws

decompile, translate, disassemble or

and treaties. The SOFTWARE is

attempt to discover any source code

or underlying ideas or algorithms of the

•

The SOFTWARE may interface with

SOFTWARE nor permit others to

and/or communicate with, or may be

reverse engineer, decompile or

later upgraded to interface with and/or

disassemble the SOFTWARE, except

communicate with additional software

and only to the extent that such activity

and/or systems provided by FORD

is expressly permitted by applicable

MOTOR COMPANY.

law notwithstanding this limitation or

to the extent as may be permitted by

IF YOU DO NOT AGREE TO THIS END

the licensing terms governing use of

USER LICENSE AGREEMENT ("EULA")

any open source components included

DO NOT USE THE DEVICES OR COPY

with the SOFTWARE.

THE SOFTWARE. ANY USE OF THE

SOFTWARE, INCLUDING BUT NOT

•

Limitations on Distributing,

LIMITED TO USE ON THE DEVICES,

Copying, Modifying and Creating

WILL CONSTITUTE YOUR AGREEMENT

Derivative Works: You may not

TO THIS EULA (OR RATIFICATION OF

distribute, copy, make modifications

ANY PREVIOUS CONSENT).

to or create derivative works based on

the SOFTWARE, except and only to the

GRANT OF SOFTWARE LICENSE: This

extent that such activity is expressly

EULA grants you the following license:

permitted by applicable law

•

You may use the SOFTWARE as

notwithstanding this limitation or to

installed on the DEVICES and as

the extent as may be permitted by the

otherwise interfacing with systems

licensing terms governing use of any

and/or services provide by or through

open source components included with

FORD MOTOR COMPANY or its third

the SOFTWARE.

party software and service providers.

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Customer Information

•

Single EULA: The end user

•

Additional Software/Services: The

documentation for the DEVICES and

SOFTWARE may permit FORD MOTOR

related systems and services may

COMPANY, third party software and

contain multiple EULAs, such as

service suppliers, its affiliates and/or

multiple translations and/or multiple

its designated agent to provide or make

media versions (e.g., in the user

available to you SOFTWARE updates,

documentation and in the software).

supplements, add-on components, or

Even if you receive multiple EULAs, you

Internet-based services components

are licensed to use only one (1) copy of

of the SOFTWARE after the date you

the SOFTWARE.

obtain your initial copy of the

SOFTWARE ("Supplemental

•

SOFTWARE Transfer: You may

Components".) SOFTWARE updates

permanently transfer your rights under

may cause you to incur additional

this EULA only as part of a sale or

charges from your wireless service

transfer of the DEVICES, provided you

provider. If FORD MOTOR COMPANY

retain no copies, you transfer all of the

or third party software and services

SOFTWARE (including all component

suppliers provide or make available to

parts, the media and printed materials,

you Supplemental Components and

any upgrades, and, if applicable, the

no other EULA terms are provided

Certificate(s) of Authenticity), and the

along with the Supplemental

recipient agrees to the terms of this

Components, then the terms of this

EULA. If the SOFTWARE is an upgrade,

EULA shall apply. FORD MOTOR

any transfer must include all prior

COMPANY, its affiliates and/or its

versions of the SOFTWARE.

designated agent reserve the right to

•

Termination: Without prejudice to any

discontinue without liability any

other rights, FORD MOTOR COMPANY

Internet-based services provided to

may terminate this EULA if you fail to

you or made available to you through

comply with the terms and conditions

the use of the SOFTWARE.

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.

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Customer Information

•

Links to Third Party Sites: The

INTELLECTUAL PROPERTY RIGHTS:

SOFTWARE may provide you with the

All title and intellectual property rights in

ability to link to third party sites. The

and to the SOFTWARE (including but not

third party sites are not under the

limited to any images, photographs,

control of FORD MOTOR COMPANY,

animations, video, audio, music, text and

its affiliates and/or its designated

"applets" incorporated into the

agent. Neither FORD MOTOR

SOFTWARE), the accompanying printed

COMPANY nor its affiliates nor its

materials, and any copies of the

designated agent are responsible for

SOFTWARE, are owned by FORD MOTOR

(I) the contents of any third party sites,

COMPANY, or its affiliates or suppliers. The

any links contained in third party sites,

SOFTWARE is licensed, not sold. You may

or any changes or updates to third

not copy the printed materials

party sites, or (ii) webcasting or any

accompanying the SOFTWARE. All title

other form of transmission received

and intellectual property rights in and to

from any third party sites. If the

the content which may be accessed

SOFTWARE provides links to third

through use of the SOFTWARE is the

party sites, those links are provided to

property of the respective content owner

you only as a convenience, and the

and may be protected by applicable

inclusion of any link does not imply an

endorsement of the third party site by

laws and treaties. This EULA grants you no

FORD MOTOR COMPANY, its affiliates

rights to use such content outside its

and/or its designated agent.

intended use. All rights not specifically

granted under this EULA are reserved by

•

Obligation to Drive Responsibly:

FORD MOTOR COMPANY, its affiliates,

You recognize your obligation to drive

and third party software and service

responsibly and keep attention on the

providers and suppliers. Use of any on-line

road. You will read and abide with the

services which may be accessed through

DEVICES operating instructions

the SOFTWARE may be governed by the

particularly as they pertain to safety

respective terms of use relating to such

and you agree to assume any risk

services. If this SOFTWARE contains

associated with the use of the

documentation that is provided only in

DEVICES.

electronic form, you may print one copy of

UPGRADES AND RECOVERY MEDIA:

such electronic documentation.

If the SOFTWARE is provided by FORD

EXPORT RESTRICTIONS: You

MOTOR COMPANY separate from the

acknowledge that the SOFTWARE is

DEVICES on media such as a ROM chip,

subject to U.S. and European Union export

CD ROM disk(s) or via web download or

jurisdiction. You agree to comply with all

other means, and is labeled "For Upgrade

applicable international and national laws

Purposes Only" or "For Recovery Purposes

that apply to the SOFTWARE, including

Only" you may install one (1) copy of such

the U.S. Export Administration Regulations,

SOFTWARE onto the DEVICES as a

as well as end-user, end-use and

replacement copy for the existing

destination restrictions issued by U.S. and

SOFTWARE, and use it in accordance with

other governments.

this EULA, including any additional EULA

terms accompanying the upgrade

SOFTWARE.

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Customer Information

TRADEMARKS: This EULA does not grant

General Operation

you any rights in connection with any

• Voice Command Control: Certain

trademarks or service marks of FORD

functions within the SYNC® system

MOTOR COMPANY, its affiliates, and third

may be accomplished using voice

party software and service providers.

commands. Using voice commands

while driving helps you to operate the

PRODUCT SUPPORT: Please refer to

system without removing your hands

FORD MOTOR COMPANY instructions

from the wheel or eyes from the road.

provided in the documentation for the

DEVICES product support, such as the

• Prolonged Views of Screen: Do not

vehicle owner guide.

access any function requiring a

prolonged view of the screen while you

Should you have any questions concerning

are driving. Pull over in a safe and legal

this EULA, or if you desire to contact FORD

manner before attempting to access a

MOTOR COMPANY for any other reason,

function of the system requiring

please refer to the address provided in the

prolonged attention.

documentation for the DEVICES.

• Volume Setting: Do not raise the

No Liability for Certain Damages:

volume excessively. Keep the volume

EXCEPT AS PROHIBITED BY LAW, FORD

at a level where you can still hear

MOTOR COMPANY, ANY THIRD PARTY

outside traffic and emergency signals

SOFTWARE OR SERVICES SUPPLIERS,

while driving. Driving while unable to

AND THEIR AFFILIATES SHALL HAVE NO

hear these sounds could cause an

LIABILITY FOR ANY INDIRECT, SPECIAL,

accident.

CONSEQUENTIAL OR INCIDENTAL

• Navigation Features: Any navigation

DAMAGES ARISING FROM OR IN

features included in the system are

CONNECTION WITH THE USE OR

intended to provide turn by turn

PERFORMANCE OF THE SOFTWARE. THIS

instructions to get you to a desired

LIMITATION SHALL APPLY EVEN IF ANY

destination. Please make certain all

REMEDY FAILS OF ITS ESSENTIAL

persons using this system carefully

PURPOSE. THERE ARE NO WARRANTIES

read and follow instructions and safety

OTHER THAN THOSE THAT MAY BE

information fully.

EXPRESSLY PROVIDED FOR YOUR NEW

VEHICLE.

• Distraction Hazard: Any navigation

features may require manual

SYNC® Automotive Important Safety

(non-verbal) setup. Attempting to

Information Read and follow

perform such set-up or insert data

instructions:

while driving can distract your attention

and could cause an accident or other

•

Before using your SYNC® system, read

serious injury. Stop the vehicle in a safe

and follow all instructions and safety

and legal manner before attempting

information provided in this end user

these operations.

manual ("Owner Guide".) Not

following precautions found in the

• Let Your Judgment Prevail: Any

Owner Guide can lead to an accident

navigation features are provided only

or other serious injuries.

as an aid. Make your driving decisions

based on your observations of local

conditions and existing traffic

regulations. Any such feature is not a

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$Customer Informationsubstitute for your personal Responsibilities and Assumptions ofAny route suggestions made by thisRisksystem should never replace any local• You agree to each of the following:(a)traffic regulations or your personalAny use of the SOFTWARE whilejudgment or knowledge of safe drivingdriving an automobile or other violation of applicable law or•Route Safety: Do not follow the routeotherwise driving in an unsafe mannersuggestions if doing so would result inpresents a significant risk of distractedan unsafe or illegal maneuver, if youdriving and should not be attemptedwould be placed in an unsafe situation,under any circumstances;(b) Use ofor if you would be directed into an areathe SOFTWARE at excessive volumethat you consider unsafe. The driver isposes a significant risk of hearingultimately responsible for the safedamage and should not be attemptedoperation of the vehicle and therefore,under any circumstances;(c) Themust evaluate whether it is safe toSOFTWARE may not be compatiblefollow the suggested new or different versions of anoperating system, third party software,•Potential Map Inaccuracy: Mapsor third party services, and theused by this system may be inaccurateSOFTWARE may potentially cause abecause of changes in roads, trafficcritical failure of an operating system,controls or driving conditions. Alwaysthird party software, or third partyuse good judgment and common senseservice.(d) Any third party servicewhen following the suggested by or third party software•Emergency Services: Do not rely onused with the SOFTWARE (I) mayany navigation features included in thecharge an additional fee for access, (ii)system to route you to emergencymay not work correctly, on anservices. Ask local authorities or anuninterrupted basis, or error free, (iii)emergency services operator for thesemay change streaming formats orlocations. Not all emergency servicesdiscontinue operation, (iv) may cont$

Customer Information

substitute for your personal judgment.

Your Responsibilities and Assumptions of

Any route suggestions made by this

Risk

system should never replace any local

• You agree to each of the following:(a)

traffic regulations or your personal

Any use of the SOFTWARE while

judgment or knowledge of safe driving

driving an automobile or other vehicle

practices.

in violation of applicable law or

•

Route Safety: Do not follow the route

otherwise driving in an unsafe manner

suggestions if doing so would result in

presents a significant risk of distracted

an unsafe or illegal maneuver, if you

driving and should not be attempted

would be placed in an unsafe situation,

under any circumstances;(b) Use of

or if you would be directed into an area

the SOFTWARE at excessive volume

that you consider unsafe. The driver is

poses a significant risk of hearing

ultimately responsible for the safe

damage and should not be attempted

operation of the vehicle and therefore,

under any circumstances;(c) The

must evaluate whether it is safe to

SOFTWARE may not be compatible

follow the suggested directions.

with new or different versions of an

operating system, third party software,

•

Potential Map Inaccuracy: Maps

or third party services, and the

used by this system may be inaccurate

SOFTWARE may potentially cause a

because of changes in roads, traffic

critical failure of an operating system,

controls or driving conditions. Always

third party software, or third party

use good judgment and common sense

service.(d) Any third party service

when following the suggested routes.

accessed by or third party software

•

Emergency Services: Do not rely on

used with the SOFTWARE (I) may

any navigation features included in the

charge an additional fee for access, (ii)

system to route you to emergency

may not work correctly, on an

services. Ask local authorities or an

uninterrupted basis, or error free, (iii)

emergency services operator for these

may change streaming formats or

locations. Not all emergency services

discontinue operation, (iv) may contain

such as police, fire stations, hospitals

adult, profane or offensive content; and

and clinics are likely to be contained in

(v) may contain inaccurate, false or

the map database for such navigation

misleading traffic, weather, financial

features.

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.

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Customer Information

Disclaimer of Warranty

CREATE A WARRANTY. SHOULD THE

SOFTWARE, THIRD PARTY SOFTWARE,

YOU EXPRESSLY ACKNOWLEDGE AND

OR THIRD-PARTY SERVICES PROVE

AGREE THAT USE OF THE DEVICES AND

DEFECTIVE, YOU ASSUME THE ENTIRE

SOFTWARE IS AT YOUR SOLE RISK AND

COST OF ALL NECESSARY SERVICING,

THAT THE ENTIRE RISK AS TO

REPAIR OR CORRECTION. SOME

SATISFACTORY QUALITY,

JURISDICTIONS DO NOT ALLOW THE

PERFORMANCE, COMPATIBILITY,

DISCLAIMER OF IMPLIED WARRANTIES

ACCURACY AND EFFORT IS WITH YOU.

OR LIMITATIONS ON APPLICABLE

TO THE MAXIMUM EXTENT PERMITTED

STATUTORY RIGHTS OF A CONSUMER,

BY APPLICABLE LAW, THE SOFTWARE

SO THE ABOVE DISCLAIMER MAY NOT

AND ANY THIRD PARTY SOFTWARE OR

FULLY APPLY TO YOU. THE SOLE

THIRD-PARTY SERVICES ARE PROVIDED

WARRANTY PROVIDED BY FORD MOTOR

"AS IS" AND “AS AVAILABLE”, WITH ALL

COMPANY SHALL BE FOUND IN THE

FAULTS AND WITHOUT WARRANTY OF

WARRANTY INFORMATION INCLUDING

ANY KIND, AND FORD MOTOR COMPANY

WITH YOUR OWNER GUIDE. TO THE

HEREBY DISCLAIMS ALL WARRANTIES

EXTENT THAT THERE IS ANY CONFLICT

AND CONDITIONS WITH RESPECT TO

BETWEEN THE TERMS OF THIS SECTION

THE SOFTWARE, THIRD PARTY

AND THE WARRANTY BOOKLET, THE

SOFTWARE, AND THIRD-PARTY

WARRANTY BOOKLET SHALL CONTROL.

SERVICES, EITHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT

Applicable Law, Venue, Jurisdiction

LIMITED TO, THE IMPLIED WARRANTIES

•

The laws of the State of Michigan

AND/OR CONDITIONS OF

govern this EULA and Your use of the

MERCHANTABILITY, OF SATISFACTORY

SOFTWARE. Your use of the

QUALITY, OF FITNESS FOR AN

SOFTWARE may also be subject to

ARTICULAR PURPOSE, OF ACCURACY,

other local, state, national, or

OF QUIET ENJOYMENT, AND

international laws. Any litigation arising

NON-INFRINGEMENT OF THIRD-PARTY

out of or related to this EULA shall be

RIGHTS. FORD MOTOR COMPANY DOES

brought and maintained exclusively in

NOT WARRANT (a) AGAINST

a court of the State of Michigan

INTERFERENCE WITH YOUR ENJOYMENT

located in Wayne County or in the

OF THE SOFTWARE, THIRD PARTY

United States District Court for the

SOFTWARE, OR THIRD-PARTY SERVICES,

Eastern District of Michigan. You hereby

(b) THAT THE SOFTWARE, THIRD PARTY

consent to submit to the personal

SOFTWARE, OR THIRD-PARTY SERVICES

jurisdiction of a court in the State of

WILL MEET YOUR REQUIREMENTS, (c)

Michigan located in Wayne County and

THAT THE OPERATION OF THE

the United States District Court for the

SOFTWARE, THIRD PARTY SOFTWARE,

Eastern District of Michigan for any

OR THIRD-PARTY SERVICES WILL BE

dispute arising out of or relating to this

UNINTERRUPTED OR ERROR-FREE, (d)

EULA.

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

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Customer Information

Binding Arbitration and Class Action

the right to litigate (or participate in as a

Waiver

party or class member) all disputes in court

before a judge or jury. Instead, all disputes

(a) Application. This Section applies to

will be resolved before a neutral arbitrator,

any dispute EXCEPT IT DOES NOT

whose decision will be final except for a

INCLUDE A DISPUTE RELATING TO

limited right of appeal under the Federal

Arbitration Act. Any court with jurisdiction

ENFORCEMENT OR VALIDITY OF YOUR,

over the parties may enforce the

FORD MOTOR COMPANY, OR ANY OF

arbitrator’s award.

FORD MOTOR COMPANY’S LICENSORS’

(e) Class action waiver. Any proceedings

INTELLECTUAL PROPERTY RIGHTS.

to resolve or litigate any dispute in any

Dispute means any dispute, action, or other

forum will be conducted solely on an

controversy between You and FORD

individual basis. Neither you nor FORD

MOTOR COMPANY, other than the

MOTOR COMPANY, will seek to have any

exceptions listed above, concerning the

dispute heard as a class action, as a private

SOFTWARE (including its price) or this

attorney general action, or in any other

EULA, whether in contract, warranty, tort,

proceeding in which any party acts or

statute, regulation, ordinance, or any other

proposes to act in a representative

legal or equitable basis.

capacity. No arbitration or proceeding will

(b) Notice of Dispute. In the event of a

be combined with another without the

Dispute, You or FORD MOTOR COMPANY

prior written consent of all parties to all

must give the other a “Notice of Dispute”,

affected arbitrations or proceedings.

which is a written statement of the name,

(f) Arbitration procedure. Any

address, and contact information of the

arbitration will be conducted by the

party giving it, the facts giving rise to the

American Arbitration Association (the

dispute, and the relief requested. You and

“AAA”), under its Commercial Arbitration

FORD MOTOR COMPANY will attempt to

Rules. If You are an individual and use the

resolve any dispute through informal

SOFTWARE for personal or vehicle use, or

negotiation within 60 days from the date

if the value of the dispute is $75,000 or

the Notice of Dispute is sent. After 60 days,

less whether or not You are an individual

You or FORD MOTOR COMPANY may

or how You use the SOFTWARE, the AAA

commence arbitration.

Supplementary Procedures for

Consumer-Related Disputes will also

litigate any dispute in small claims court

apply. To commence arbitration, submit a

in your county of residence or FORD

Commercial Arbitration Rules Demand for

MOTOR COMPANY’S principal place of

Arbitration form to the AAA. You may

business, if the dispute meets all

request a telephonic or in-person hearing

requirements to be heard in the small

by following the AAA rules. In a dispute

claims court. You may litigate in small

involving $10,000 or less, any hearing will

claims court whether or not You

be telephonic unless the arbitrator finds

negotiated informally first.

good cause to hold an in-person hearing

instead. For more information, see

(d) Binding arbitration. If You and FORD

or call 1-800-778-7879. You agree to

MOTOR COMPANY, do not resolve any

commence arbitration only in your county

dispute by informal negotiation or in small

of residence or FORD MOTOR COMPANY’S

claims court, any other effort to resolve

principal place of business. The arbitrator

the dispute will be conducted exclusively

by binding arbitration. You are giving up

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$Customer Informationmay award the same damages to youfiling, AAA, and arbitrator’s fees andindividually as a court could. The arbitratorexpenses. It will not seek its attorney’smay award declaratory or injunctive relieffees or expenses from you in anyonly to you individually, and only to thearbitration. Fees and expenses are notextent required to satisfy your individualcounted in determining how much involves.(g) Arbitration fees and incentives.(h) Claims or disputes must be filedwithin one year. To the extent permitted•I. Disputes involving $75,000 or law, any claim or dispute under thisFORD MOTOR COMPANY willEULA to which this Section applies mustpromptly reimburse your filing fees andbe filed within one year in small claimspay the AAA’s and arbitrator’s fees andcourt (Section c) or in arbitration (Sectionexpenses. If you reject FORD MOTORd). The one-year period begins when theCOMPANY’S last written settlementclaim or dispute first could be filed. If suchoffer made before the arbitrator wasa claim or dispute is not filed within oneappointed (“last written offer”), youryear, it is permanently goes all the way to anarbitrator’s decision (called an(I) Severability. If the class action waiver“award”), and the arbitrator awards(Section e) is found to be illegal oryou more than the last written offer,unenforceable as to all or some parts of aFORD MOTOR COMPANY will give youdispute, then that portion of Section e willthree incentives: (1) pay the greater ofnot apply to those parts. Instead, thosethe award or $1,000; (2) pay twice yourparts will be severed and proceed in a courtreasonable attorney’s fees, if any; andof law, with the remaining parts proceeding(3) reimburse any expenses (includingin arbitration. If any other provision of thatexpert witness fees and costs) thatportion Section e is found to be illegal oryour attorney reasonably accrues forunenforceable, that provision will beinvestigating, preparing, and pursuingsevered w$

Customer Information

may award the same damages to you

filing, AAA, and arbitrator’s fees and

individually as a court could. The arbitrator

expenses. It will not seek its attorney’s

may award declaratory or injunctive relief

fees or expenses from you in any

only to you individually, and only to the

arbitration. Fees and expenses are not

extent required to satisfy your individual

counted in determining how much a

claim.

dispute involves.

(g) Arbitration fees and incentives.

(h) Claims or disputes must be filed

within one year. To the extent permitted

•

I. Disputes involving $75,000 or less.

by law, any claim or dispute under this

FORD MOTOR COMPANY will

EULA to which this Section applies must

promptly reimburse your filing fees and

be filed within one year in small claims

pay the AAA’s and arbitrator’s fees and

court (Section c) or in arbitration (Section

expenses. If you reject FORD MOTOR

d). The one-year period begins when the

COMPANY’S last written settlement

claim or dispute first could be filed. If such

offer made before the arbitrator was

a claim or dispute is not filed within one

appointed (“last written offer”), your

year, it is permanently barred.

dispute goes all the way to an

arbitrator’s decision (called an

(I) Severability. If the class action waiver

“award”), and the arbitrator awards

(Section e) is found to be illegal or

you more than the last written offer,

unenforceable as to all or some parts of a

FORD MOTOR COMPANY will give you

dispute, then that portion of Section e will

three incentives: (1) pay the greater of

not apply to those parts. Instead, those

the award or $1,000; (2) pay twice your

parts will be severed and proceed in a court

reasonable attorney’s fees, if any; and

of law, with the remaining parts proceeding

(3) reimburse any expenses (including

in arbitration. If any other provision of that

expert witness fees and costs) that

portion Section e is found to be illegal or

your attorney reasonably accrues for

unenforceable, that provision will be

investigating, preparing, and pursuing

severed with the remainder of Section e

your claim in arbitration. The arbitrator

remaining in full force and effect.

will determine the amounts.

Telenav Software End User License

•

ii. Disputes involving more than

Agreement

$75,000. The AAA rules will govern

payment of filing fees and the AAA’s

Please read these terms and conditions

and arbitrator’s fees and expenses.

carefully before you use the TeleNav

Software. Your use of the TeleNav

•

iii. Disputes involving any amount. In

Software indicates that you accept these

any arbitration you commence, FORD

terms and conditions. If you do not accept

MOTOR COMPANY will seek its AAA

these terms and conditions, do not break

or arbitrator’s fees and expenses, or

the seal of the package, launch, or

Your filing fees it reimbursed, only if the

otherwise use the TeleNav Software.

arbitrator finds the arbitration frivolous

TeleNav may revise this Agreement and

or brought for an improper purpose. In

the privacy policy at any time, with or

any arbitration FORD MOTOR

without notice to you. You agree to visit

COMPANY commences, it will pay all

from time to time

to review the then current version of this

Agreement and of the privacy policy.

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Customer Information

1. Safe and Lawful Use

2. Account Information

You acknowledge that devoting attention

You agree: (a) when registering the

to the TeleNav Software may pose a risk

TeleNav Software, to provide TeleNav with

of injury or death to you and others in

true, accurate, current, and complete

situations that otherwise require your

information about yourself, and (b) to

undivided attention, and you therefore

inform TeleNav promptly of any changes

agree to comply with the following when

to such information, and to keep it true,

using the TeleNav Software:

accurate, current and complete.

(a) observe all traffic laws and otherwise

3. Software License

drive safely;

•

Subject to your compliance with the

(b) use your own personal judgment while

terms of this Agreement, TeleNav

driving. If you feel that a route suggested

hereby grants to you a personal,

by the TeleNav Software instructs you to

non-exclusive, non-transferable license

perform an unsafe or illegal maneuver,

(except as expressly permitted below

places you in an unsafe situation, or directs

in connection with your permanent

you into an area that you consider to be

transfer of the TeleNav Software

unsafe, do not follow such instructions;

license), without the right to

sublicense, to use the TeleNav

manipulate the TeleNav Software, unless

Software (in object code form only) in

your vehicle is stationary and parked;

order to access and use the TeleNav

Software. This license shall terminate

(d) do not use the TeleNav Software for

upon any termination or expiration of

any illegal, unauthorized, unintended,

this Agreement. You agree that you will

unsafe, hazardous, or unlawful purposes,

use the TeleNav Software only for your

or in any manner inconsistent with this

personal business or leisure purposes,

Agreement;

and not to provide commercial

(e) arrange all GPS and wireless devices

navigation services to other parties.

and cables necessary for use of the

3.1 License Limitations

TeleNav Software in a secure manner in

your vehicle so that they will not interfere

•

(a) reverse engineer, decompile,

with your driving and will not prevent the

disassemble, translate, modify, alter

operation of any safety device (such as an

or otherwise change the TeleNav

airbag).

Software or any part thereof; (b)

You agree to indemnify and hold TeleNav

attempt to derive the source code,

harmless against all claims resulting from

audio library or structure of the

any dangerous or otherwise inappropriate

TeleNav Software without the prior

use of the TeleNav Software in any moving

express written consent of TeleNav;

vehicle, including as a result of your failure

to comply with the directions above.

Software, or alter, any of TeleNav's or

its suppliers' trademarks, trade names,

logos, patent or copyright notices, or

other notices or markings; (d)

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Customer Information

distribute, sublicense or otherwise

is dependent on the accuracy of

transfer the TeleNav Software to

navigation, as the maps or functionality

others, except as part of your

of the TeleNav Software are not

permanent transfer of the TeleNav

intended to support such high risk

Software; or (e) use the TeleNav

applications, especially in more remote

Software in any manner that

geographical areas.

•

TELENAV EXPRESSLY DISCLAIMS

I. infringes the intellectual property or

AND EXCLUDES ALL WARRANTIES IN

proprietary rights, rights of publicity or

CONNECTION WITH THE TELENAV

privacy or other rights of any party,

SOFTWARE, WHETHER STATUTORY,

ii. violates any law, statute, ordinance or

EXPRESS OR IMPLIED, INCLUDING ALL

regulation, including but not limited to laws

WARRANTIES WHICH MAY ARISE

and regulations related to spamming,

FROM COURSE OF DEALING, CUSTOM

privacy, consumer and child protection,

OR TRADE AND INCLUDING, BUT NOT

obscenity or defamation, or

LIMITED TO, THE IMPLIED

iii. is harmful, threatening, abusive,

WARRANTIES OF MERCHANTABILITY,

harassing, tortuous, defamatory, vulgar,

FITNESS FOR A PARTICULAR

obscene, libelous, or otherwise

PURPOSE AND NON-INFRINGEMENT

objectionable; and (f) lease, rent out, or

OF THIRD PARTY RIGHTS WITH

otherwise permit unauthorized access by

RESPECT TO THE TELENAV

third parties to the TeleNav Software

SOFTWARE.

without advanced written permission of

•

Certain jurisdictions do not permit the

TeleNav.

disclaimer of certain warranties, so this

limitation may not apply to you.

4. Disclaimers

5. Limitation of Liability

•

To the fullest extent permissible

pursuant to applicable law, in no event

•

TO THE EXTENT PERMITTED UNDER

will TeleNav, its licensors and suppliers,

APPLICABLE LAW, UNDER NO

or agents or employees of any of the

CIRCUMSTANCES SHALL TELENAV

foregoing, be liable for any decision

OR ITS LICENSORS AND SUPPLIERS

made or action taken by you or anyone

BE LIABLE TO YOU OR TO ANY THIRD

else in reliance on the information

PARTY FOR ANY INDIRECT,

provided by the TeleNav Software.

INCIDENTAL, CONSEQUENTIAL,

TeleNav also does not warrant the

SPECIAL OR EXEMPLARY DAMAGES

accuracy of the map or other data used

(INCLUDING IN EACH CASE, BUT NOT

for the TeleNav Software. Such data

LIMITED TO, DAMAGES FOR THE

may not always reflect reality due to,

INABILITY TO USE THE EQUIPMENT

among other things, road closures,

OR ACCESS DATA, LOSS OF DATA,

construction, weather, new roads and

LOSS OF BUSINESS, LOSS OF

other changing conditions. You are

PROFITS, BUSINESS INTERRUPTION

responsible for the entire risk arising

OR THE LIKE) ARISING OUT OF THE

out of your use of the TeleNav

USE OF OR INABILITY TO USE THE

Software. For example but without

TELENAV SOFTWARE, EVEN IF

limitation, you agree not to rely on the

TELENAV HAS BEEN ADVISED OF THE

TeleNav Software for critical

POSSIBILITY OF SUCH DAMAGES.

navigation in areas where the

NOTWITHSTANDING ANY DAMAGES

well-being or survival of you or others

THAT YOU MIGHT INCUR FOR ANY

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Customer Information

REASON WHATSOEVER (INCLUDING,

to the exclusive jurisdiction of the

WITHOUT LIMITATION, ALL DAMAGES

courts of the County of Santa Clara,

REFERENCED HEREIN AND ALL

California. The United Nations

DIRECT OR GENERAL DAMAGES IN

Convention on Contracts for the

CONTRACT, TORT (INCLUDING

International Sale of Goods shall not

NEGLIGENCE) OR OTHERWISE), THE

apply.

ENTIRE LIABILITY OF TELENAV AND

7. Assignment

OF ALL OF TELENAV'S SUPPLIERS

SHALL BE LIMITED TO THE AMOUNT

•

You may not resell, assign, or transfer

ACTUALLY PAID BY YOU FOR THE

this Agreement or any of your rights or

TELENAV SOFTWARE. SOME STATES

obligations, except in totality, in

AND/OR JURISDICTIONS DO NOT

connection with your permanent

ALLOW THE EXCLUSION OR

transfer of the TeleNav Software, and

LIMITATION OF INCIDENTAL OR

expressly conditioned upon the new

CONSEQUENTIAL DAMAGES, SO THE

user of the TeleNav Software agreeing

ABOVE LIMITATIONS OR EXCLUSIONS

to be bound by the terms and

MAY NOT APPLY TO YOU.

conditions of this Agreement. Any such

sale, assignment or transfer that is not

6. Arbitration and Governing Law

expressly permitted under this

•

You agree that any dispute, claim or

paragraph will result in immediate

controversy arising out of or relating to

termination of this Agreement, without

this Agreement or the TeleNav

liability to TeleNav, in which case you

Software shall be settled by

and all other parties shall immediately

independent arbitration involving a

cease all use of the TeleNav Software.

neutral arbitrator and administered by

Notwithstanding the foregoing,

the American Arbitration Association

TeleNav may assign this Agreement to

in the County of Santa Clara, California.

any other party at any time without

The arbitrator shall apply the

notice, provided the assignee remains

Commercial Arbitration Rules of the

bound by this Agreement.

American Arbitration Association, and

8. Miscellaneous

the judgment upon the award rendered

by the arbitrator may be entered by any

8.1

court having jurisdiction. Note that

there is no judge or jury in an arbitration

This Agreement constitutes the entire

proceeding and the decision of the

agreement between TeleNav and you with

arbitrator shall be binding upon both

respect to the subject matter hereof.

parties. You expressly agree to waive

8.2

your right to a jury trial. This Agreement

and performance hereunder will be

Except for the limited licenses expressly

governed by and construed in

granted in this Agreement, TeleNav retains

accordance with the laws of the State

all right, title and interest in and to the

of California, without giving effect to

TeleNav Software, including without

its conflict of law provisions. To the

limitation all related intellectual property

extent judicial action is necessary in

rights. No licenses or other rights which are

connection with the binding arbitration,

not expressly granted in this Agreement

both TeleNav and you agree to submit

are intended to, or shall be, granted or

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Customer Information

conferred by implication, statute,

8.6

inducement, estoppel or otherwise, and

The headings in this Agreement are for

TeleNav and its suppliers and licensors

convenience of reference only, will not be

hereby reserve all of their respective rights

deemed to be a part of this Agreement,

other than the licenses explicitly granted

and will not be referred to in connection

in this Agreement.

with the construction or interpretation of

this Agreement. As used in this Agreement,

8.3

the words "include" and "including" and

By using the TeleNav Software, you

variations thereof, will not be deemed to

consent to receive from TeleNav all

be terms of limitation, but rather will be

communications, including notices,

deemed to be followed by the words

agreements, legally required disclosures

"without limitation".

or other information in connection with the

TeleNav Software (collectively, "Notices")

9. Other Vendors Terms and Conditions

electronically. TeleNav may provide such

•

The Telenav Software utilizes map and

Notices by posting them on TeleNav's

other data licensed to Telenav by third

Website or by downloading such Notices

party vendors for the benefit of you and

to your wireless device. If you desire to

other end users. This Agreement

withdraw your consent to receive Notices

includes end-user terms applicable to

electronically, you must discontinue your

these companies (included at the end

use of the TeleNav Software.

of this Agreement), and thus your use

of the Telenav Software is also subject

8.4

to such terms. You agree to comply

TeleNav's or your failure to require

with the following additional terms and

performance of any provision shall not

conditions, which are applicable to

affect that party's right to require

Telenav’s third party vendor licensors.

performance at any time thereafter, nor

shall a waiver of any breach or default of

9.1 End User Terms Required by HERE

this Agreement constitute a waiver of any

North America, LLC

subsequent breach or default or a waiver

The data (“Data”) is provided for your

of the provision itself.

personal, internal use only and not for

resale. It is protected by copyright, and is

8.5

subject to the following terms and

If any provision herein is held

conditions which are agreed to by you, on

unenforceable, then such provision will be

the one hand, and Telenav (“Telenav”) and

modified to reflect the intention of the

its licensors (including their licensors and

parties, and the remaining provisions of

suppliers) on the other hand.

this Agreement will remain in full force and

effect.

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.

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$Customer InformationHERE holds a non-exclusive license fromRestrictions. Except where you have beenthe United States Postal Service® tospecifically licensed to do so by Telenav,publish and sell ZIP+4® without limiting the precedingparagraph, you may not use this Data (a)©United States Postal Service® 2014.with any products, systems, or applicationsPrices are not established, controlled orinstalled or otherwise connected to or inapproved by the United States Postalcommunication with vehicles, capable ofService®. The following trademarks andvehicle navigation, positioning, dispatch,registrations are owned by the USPS:real time route guidance, fleetUnited States Postal Service, USPS, andmanagement or similar applications; or (b)ZIP+4with or in communication with anyThe Data for Mexico includes certain datapositioning devices or any mobile orfrom Instituto Nacional de Estadística ywireless-connected electronic or computerGeografí, including without limitationcellular phones, palmtop and handheld9.2 End User Terms Required by NAV2computers, pagers, and personal digital(Shanghai) Co., Ltdassistants or data (“Data”) is provided for yourWarning. The Data may containpersonal, internal use only and not forinaccurate or incomplete information dueresale. It is protected by copyright, and isto the passage of time, changingsubject to the following terms andcircumstances, sources used and theconditions which are agreed to by you, onnature of collecting comprehensivethe one hand, and NAV2 (Shanghai) Co.,geographic data, any of which may lead toLtd (“NAV2”) and its licensors (includingincorrect licensors and suppliers) on the otherNo Warranty. This Data is provided to youhand. 20xx. All rights reserved“as is,” and you agree to use it at your ownTerms and Conditionsrisk. Telenav and its licensors (and theirlicensors and suppliers) make noPermitted Use. You agree to use this Dataguarantees, representations or warrantiestogether with the$

Customer Information

HERE holds a non-exclusive license from

Restrictions. Except where you have been

the United States Postal Service® to

specifically licensed to do so by Telenav,

publish and sell ZIP+4® information.

and without limiting the preceding

paragraph, you may not use this Data (a)

©United States Postal Service® 2014.

with any products, systems, or applications

Prices are not established, controlled or

installed or otherwise connected to or in

approved by the United States Postal

communication with vehicles, capable of

Service®. The following trademarks and

vehicle navigation, positioning, dispatch,

registrations are owned by the USPS:

real time route guidance, fleet

United States Postal Service, USPS, and

management or similar applications; or (b)

ZIP+4

with or in communication with any

The Data for Mexico includes certain data

positioning devices or any mobile or

from Instituto Nacional de Estadística y

wireless-connected electronic or computer

Geografía.

devices, including without limitation

cellular phones, palmtop and handheld

9.2 End User Terms Required by NAV2

computers, pagers, and personal digital

(Shanghai) Co., Ltd

assistants or PDAs.

The data (“Data”) is provided for your

Warning. The Data may contain

personal, internal use only and not for

inaccurate or incomplete information due

resale. It is protected by copyright, and is

to the passage of time, changing

subject to the following terms and

circumstances, sources used and the

conditions which are agreed to by you, on

nature of collecting comprehensive

the one hand, and NAV2 (Shanghai) Co.,

geographic data, any of which may lead to

Ltd (“NAV2”) and its licensors (including

incorrect results.

their licensors and suppliers) on the other

No Warranty. This Data is provided to you

“as is,” and you agree to use it at your own

Terms and Conditions

risk. Telenav and its licensors (and their

licensors and suppliers) make no

Permitted Use. You agree to use this Data

guarantees, representations or warranties

together with the Telenav Software solely

of any kind, express or implied, arising by

for the internal business and personal

law or otherwise, including but not limited

purposes for which you were licensed, and

to, content, quality, accuracy,

not for service bureau, time-sharing or

completeness, effectiveness, reliability,

other similar purposes. Accordingly, but

fitness for a particular purpose, usefulness,

subject to the restrictions set forth in the

use or results to be obtained from this

following paragraphs, you agree not to

Data, or that the Data or server will be

otherwise reproduce, copy, modify,

uninterrupted or error-free.

decompile, disassemble, create any

Disclaimer of Warranty: TELENAV AND

derivative works of, or reverse engineer any

ITS LICENSORS (INCLUDING THEIR

portion of this Data, and may not transfer

LICENSORS AND SUPPLIERS) DISCLAIM

or distribute it in any form, for any purpose,

ANY WARRANTIES, EXPRESS OR IMPLIED,

except to the extent permitted by

OF QUALITY, PERFORMANCE,

mandatory laws.

MERCHANTABILITY, FITNESS FOR A

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Customer Information

PARTICULAR PURPOSE OR

export laws, rules or regulations prohibit

NON-INFRINGEMENT. Some States,

HERE from complying with any of its

Territories and Countries do not allow

obligations hereunder to deliver or

certain warranty exclusions, so to that

distribute Data, such failure shall be

extent the above exclusion may not apply

excused and shall not constitute a breach

to you.

of this Agreement.

Disclaimer of Liability: TELENAV AND

Entire Agreement. These terms and

ITS LICENSORS (INCLUDING THEIR

conditions constitute the entire agreement

LICENSORS AND SUPPLIERS) SHALL NOT

between Telenav (and its licensors,

BE LIABLE TO YOU: IN RESPECT OF ANY

including their licensors and suppliers) and

CLAIM, DEMAND OR ACTION,

you pertaining to the subject matter hereof,

IRRESPECTIVE OF THE NATURE OF THE

and supersedes in their entirety any and

CAUSE OF THE CLAIM, DEMAND OR

all written or oral agreements previously

ACTION ALLEGING ANY LOSS, INJURY OR

existing between us with respect to such

DAMAGES, DIRECT OR INDIRECT, WHICH

subject matter.

MAY RESULT FROM THE USE OR

Governing Law. The above terms and

POSSESSION OF THE INFORMATION; OR

conditions shall be governed by the laws

FOR ANY LOSS OF PROFIT, REVENUE,

of the State of Illinois [insert “Netherlands”

CONTRACTS OR SAVINGS, OR ANY

where European HERE Data is used],

OTHER DIRECT, INDIRECT, INCIDENTAL,

without giving effect to (i) its conflict of

SPECIAL OR CONSEQUENTIAL DAMAGES

laws provisions, or (ii) the United Nations

ARISING OUT OF YOUR USE OF OR

Convention for Contracts for the

INABILITY TO USE THIS INFORMATION,

International Sale of Goods, which is

ANY DEFECT IN THE INFORMATION, OR

explicitly excluded. You agree to submit to

THE BREACH OF THESE TERMS OR

the jurisdiction of the State of Illinois

CONDITIONS, WHETHER IN AN ACTION

[insert “The Netherlands” where European

IN CONTRACT OR TORT OR BASED ON A

HERE Data is used] for any and all

WARRANTY, EVEN IF TELENAV OR ITS

disputes, claims and actions arising from

LICENSORS HAVE BEEN ADVISED OF THE

or in connection with the Data provided to

POSSIBILITY OF SUCH DAMAGES. Some

you hereunder.

States, Territories and Countries do not

Government End Users. If the Data is

allow certain liability exclusions or

being acquired by or on behalf of the

damages limitations, so to that extent the

United States government or any other

above may not apply to you.

entity seeking or applying rights similar to

Export Control. You shall not export from

those customarily claimed by the United

anywhere any part of the Data or any direct

States government, this Data is a

product thereof except in compliance with,

“commercial item” as that term is defined

and with all licenses and approvals

at 48 C.F.R. (“FAR”) 2.101, is licensed in

required under, applicable export laws,

accordance with these End-User Terms,

rules and regulations, including but not

and each copy of Data delivered or

limited to the laws, rules and regulations

otherwise furnished shall be marked and

administered by the Office of Foreign

embedded as appropriate with the

Assets Control of the U.S. Department of

following “Notice of Use,” and shall be

Commerce and the Bureau of Industry and

treated in accordance with such Notice:

Security of the U.S. Department of

Commerce. To the extent that any such

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B. Canada Data. The following provi-

NOTICE OF USE

sions apply to the Data for Canada,

CONTRACTOR (MANUFACTURER/

which may include or reflect data from

SUPPLIER) NAME: HERE

third party licensors (“Third Party

Data”), including Her Majesty the Queen

CONTRACTOR (MANUFACTURER/

in Right of Canada (“Her Majesty”),

SUPPLIER) ADDRESS: c/o Nokia, 425

Canada Post Corporation (“Canada

West Randolph Street, Chicago, Illinois

Post”) and the Department of Natural

60606

Resources of Canada (“NRCan”):

This Data is a commercial item as

1. Disclaimer and Limitation: Client

defined in FAR 2.101 and is subject to

agrees that its use of the Third Party

these End-User Terms under which this

Data is subject to the following provi-

Data was provided.

sions:

a. Disclaimer: The Third Party Data

is licensed on an “as is” basis. The

If the Contracting Officer, federal

licensors of such data, including Her

government agency, or any federal official

Majesty, Canada Post and NRCan,

refuses to use the legend provided herein,

make no guarantees, representa-

the Contracting Officer, federal

tions or warranties respecting such

government agency, or any federal official

data, either express or implied,

must notify HERE prior to seeking

arising by law or otherwise, including

additional or alternative rights in the Data.

but not limited to, effectiveness,

completeness, accuracy or fitness

I. US/Canada Territory

for a particular purpose.

A. United States Data. The End-User

b. Limitation on Liability: The Third

Terms for any Application containing

Party Data licensors, including Her

Data for the United States shall contain

Majesty, Canada Post and NRCan,

the following notices:

shall not be liable: (i) in respect of

any claim, demand or action, irre-

“HERE holds a non-exclusive license

spective of the nature of the cause

from the United States Postal

of the claim, demand or action

Service® to publish and sell ZIP+4®

alleging any loss, injury or damages,

information.”

direct or indirect, which may result

from the use or possession of such

“©United States Postal Service®

Data; or (ii) in any way for loss of

20XX. Prices are not established,

revenues or contracts, or any other

controlled or approved by the United

consequential loss of any kind

States Postal Service®. The following

resulting from any defect in the

trademarks and registrations are

Data.

owned by the USPS: United States

Postal Service, USPS, and ZIP+4.”

521

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Customer Information

2. Copyright Notice: In connection with

either express or implied, arising by

each copy of all or any portion of the

law or otherwise, including but not

Data for the Territory of Canada, Client

limited to, effectiveness, complete-

shall affix in a conspicuous manner the

ness, accuracy or fitness for a

following copyright notice on at least

particular purpose. The licensors,

one of: (i) the label for the storage

including Her Majesty, Canada Post

media of the copy; (ii) the packaging

and NRCan, shall not be liable in

for the copy; or (iii) other materials

respect of any claim, demand or

packaged with the copy, such as user

action, irrespective of the nature of

manuals or end user license agree-

the cause of the claim, demand or

ments: “This data includes information

action alleging any loss, injury or

taken with permission from Canadian

damages, direct or indirect, which

may result from the use or posses-

sion of the data or the Data. The

licensors, including Her Majesty,

Canada Post and NRCan, shall not

Department of Natural Resources

be liable in any way for loss of

revenues or contracts, or any other

consequential loss of any kind

3. End-User Terms: Except as other-

resulting from any defect in the data

wise agreed by the parties, in connec-

or the Data.

tion with the provision of any portion

End User shall indemnify and save

of the Data for the Territory of Canada

harmless the licensors, including Her

to End-Users as may be authorized

Majesty, Canada Post and NRCan,

under the Agreement, Client shall

and their officers, employees and

provide such End-Users, in a reason-

agents from and against any claim,

ably conspicuous manner, with terms

demand or action, irrespective of

(set forth with other end user terms

the nature of the cause of the claim,

required to be provided under the

demand or action, alleging loss,

Agreement, or as otherwise may be

costs, expenses, damages or injuries

provided, by Client) which shall include

(including injuries resulting in death)

the following provisions on behalf of

arising out of the use or possession

the Third Party Data licensors,

of the data or the Data.

including Her Majesty, Canada Post

and NRCan:

4. Additional Provisions: The terms

contained in this Section are in addi-

The Data may include or reflect

tion to all of the rights and obligations

data of licensors, including Her

of the parties under the Agreement.

Majesty the Queen in the Right of

To the extent that any of the provi-

Canada (“Her Majesty”), Canada

sions of this Section are inconsistent

Post Corporation (“Canada Post”)

with, or conflict with, any other provi-

and the Department of Natural

sions of the Agreement, the provisions

Resources Canada (“NRCan”). Such

of this Section shall prevail.

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,

522

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Customer Information

A. Third Party Notices. Any and all copies

II. Mexico. The following provision applies

of the Data and/or packaging relating

to the Data for Mexico, which includes

thereto shall include the respective Third

certain data from the Instituto Nacional

Party Notices set forth below and used

de Estadística y Geografía (“INEGI”):

as described below corresponding to

the Territory (or portion thereof)

A. Any and all copies of the Data and/or

included in such copy:

packaging containing Data for Mexico

shall contain the following notice:

Country

Notice

“Fuente: INEGI (Instituto Nacional de

Jordan

Estadística y Geografía)”

Geographic Centre”. The

foregoing notice requirement

III. Latin America Territory

for Jordan Data is a material

term of the Agreement. If

A. Third Party Notices. Any and all copies

Client or any of its permitted

of the Data and/or packaging relating

sublicensees (if any) fail to

thereto shall include the respective Third

meet such requirement,

Party Notices set forth below and used

HERE shall have the right to

as described below corresponding to

terminate Client’s license

the Territory (or portion thereof)

with respect to the Jordan

included in such copy:

Data.

Territory

Notice

B. Jordan Data. Client and its permitted

sublicensees (if any) are restricted from

Argen-

IGN “INSTITUTO

licensing and/or otherwise distributing

tina

GEOGRAFICO NACIONAL

HERE’s database for the country of

ARGENTINO”

Jordan (“Jordan Data”) for use in Enter-

Ecuador

“INSTITUTO GEOGRAFICO

prise Applications to (i) non-Jordanian

MILITAR DEL ECUADOR

entities for use of the Jordan Data solely

AUTORIZACION N° IGM-

in Jordan or (ii) Jordan-based customers.

2011-01- PCO-01 DEL 25 DE

In addition, Client, its permitted subli-

ENERO DE 2011”

censees (if any) and End-Users are

restricted from using the Jordan Data in

TOPO ®”

Enterprise Applications if such party is

(i) a non-Jordanian entity using the

Guade-

Jordan Data solely in Jordan or (ii) a

loupe,

Jordan-based customer. For purposes

French

of the foregoing, “Enterprise Applica-

Guiana

tions” shall mean Geomarketing applic-

and

ations, GIS applications, mobile business

Marti-

“Fuente: INEGI (Instituto

asset management applications, call

nique

Nacional de Estadística y

center applications, telematics applica-

Mexico

Geografía)”

tions, public organization Internet

applications or for providing geocoding

IV. Middle East Territory

services.

523

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Customer Information

is conditioned on Client’s obtaining prior

V. Europe Territory

written consent from Kartografie a.s.;

A. Use of Certain Traffic Codes in Europe

with respect to Data for the Territory of

Switzerland is conditioned on Client’s

1. General Restrictions Applicable to

obtaining a permit from Bundesamt für

Traffic Codes. Client acknowledges

Landestopografie of Switzerland; (d)

and agrees that in certain countries of

Client is restricted from using Data for

the Europe Territory, Client will need

the Territory of France to create paper

to obtain rights directly from third

maps with a scale between 1:5,000 and

party RDS-TMC code providers to

1:250,000; and (e) Client is restricted

receive and use the Traffic Codes in

from using any Data to create, sell or

the Data and to deliver to End-Users

distribute paper maps that are the same

Transactions in any way derived from

or substantially similar, in terms of data

or based on such Traffic Codes. For

content and specific use of color,

such countries, HERE shall deliver the

symbols and scale, to paper maps

Data incorporating Traffic Codes to

published by the European national

Client only after receiving certification

mapping agencies, including without

from Client of its having obtained such

limitation, Landervermessungämter of

rights.

Germany, Topografische Dienst of the

2. Display of Third Party Rights

Netherlands, Nationaal Geografisch

Legends for Belgium. Client shall, for

Instituut of Belgium, Bundesamt für

each Transaction that uses Traffic

Landestopografie of Switzerland,

Codes for Belgium, provide the

Bundesamt für Eich-und Vermessung-

following notice to the End-User:

swesen of Austria, and the National

“Traffic Codes for Belgium are

Land Survey of Sweden.

provided by the Ministerie van de

C. OS Enforcement. Without limiting

Vlaamse Gemeenschap and the

Section IV(B) above, with respect to

Ministèrie de l’Equipement et des

Data for the Territory of Great Britain,

Transports.”

Client acknowledges and agrees that

B. Paper Maps. With respect to any

the Ordnance Survey (“OS”) may bring

license granted to Client relating to

a direct action against Client to enforce

making, selling or distributing paper

compliance with the OS copyright notice

maps (i.e., a map fixed on a paper or

(see Section IV(D) below) and paper

paper-like medium): (a) such license

map requirements (see Section IV(B)

with respect to Data for the Territory of

above) contained in this Agreement.

Great Britain is conditioned on Client’s

D. Third Party Notices. Any and all copies

entering into and complying with a

of the Data and/or packaging relating

separate written agreement with the

thereto shall include the respective Third

Ordnance Survey (“OS”) to create and

Party Notices set forth below and used

sell paper maps, Client’s paying to the

as described below corresponding to

OS any and all applicable paper map

the Territory (or portion thereof)

royalties, and Client’s complying with

included in such copy:

the OS copyright notice requirements;

(b) such license for selling or otherwise

Country(ies) Notice

distributing for charge with respect to

Data for the Territory of Czech Republic

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Customer Information

Austria

Spain

“Información geográfica

und Vermessungswesen”

propiedad del CNIG”

Croatia

Sweden

“Based upon electronic

Cyprus,

Estonia,

Survey Sweden.”

Latvia,

Switzerland “Topografische

Lithuania,

Moldova,

für Landestopographie.

Poland,

Slovenia

E. Respective Country Distribution. Client

and/or

acknowledges that HERE has not

Ukraine

received approvals to distribute map

data for the following countries in such

France

respective countries: Albania, Belarus,

TOPO ®”

Kyrgyzstan, Moldova and Uzbekistan.

Germany

“Die Grundlagendaten

HERE may update such list from time to

wurden mit Genehmigung

time. The license rights granted to Client

der zuständigen Behörden

under this TL with respect to the Data

entnommen”

for such countries are contingent upon

Client’s compliance with all applicable

Great Britain “Contains Ordnance

laws and regulations, including, without

limitation, any required licenses or

approvals to distribute the Application

right 2010 Contains Royal

incorporating such Data in such

respective countries.

right 2010”

VI. Australia Territory

Greece

“Copyright Geomatics

A. Third Party Notices. Any and all copies

Ltd.”

of the Data and/or packaging relating

Hungary

thereto shall include the respective Third

Map Ltd.”

Party Notices set forth below and used

as described below corresponding to

Italy

“La Banca Dati Italiana è

the Territory (or portion thereof)

stata prodotta usando

included in such copy:

quale riferimento anche

cartografia numerica ed

al tratto prodotta e fornita

under license from PSMA Australia

dalla Regione Toscana.”

Limited (

Norway

Norwegian Mapping

Authority”

Portugal

“Source: IgeoE – Portugal”

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Customer Information

DISRUPTION OF SERVICE PROVIDED

HEREUNDER, IS LIMITED TO PAYMENT

20XX Telstra Corporation Limited, GM

OF DAMAGES IN AN AMOUNT NOT TO

Holden Limited, Intelematics Australia

EXCEED THE AMOUNT PAID BY END USER

Pty Ltd and Continental Pty Ltd.

FOR THE SERVICES DURING THE

B. Third Party Notices for Australia. In

TWO-MONTH PERIOD PRECEDING THE

addition to the foregoing, the End-User

DATE THE CLAIM AROSE.

Terms for any Application containing

(ii) END USER AGREES TO INDEMNIFY

RDS-TMC Traffic Codes for Australia

AND HOLD HARMLESS THE UNDERLYING

shall contain the following notice:

WIRELESS SERVICE CARRIER AND ITS

“Product incorporates traffic location

OFFICERS, EMPLOYEES, AND AGENTS

AGAINST ANY AND ALL CLAIMS,

tion Limited and its licensors.”

INCLUDING WITHOUT LIMITATION

CLAIMS FOR LIBEL, SLANDER, OR ANY

AT&T Vehicle Network Carrier

PROPERTY DAMAGE, PERSONAL INJURY

Telematics Disclosure

OR DEATH, ARISING IN ANY WAY,

DIRECTLY OR INDIRECTLY, IN

END USER FOR PURPOSES OF THIS

CONNECTION WITH THIS AGREEMENT

SECTION MEANS YOU AND YOUR HEIRS,

OR THE USE, FAILURE TO USE, OR

EXECUTORS, LEGAL PERSONAL

INABILITY TO USE THE DEVICE EXCEPT

REPRESENTATITVES AND PERMITED

WHERE THE CLAIMS RESULT FROM THE

ASSIGNS. FOR PURPOSES OF THIS

UNDERLYING CARRIER’S GROSS

SECTION “UNDERLYING WIRELESS

NEGLIGENCE OR WILLFUL MISCONDUCT.

SERVICE CARRIER” INCLUDES ITS

THIS INDEMNITY WILL SURVIVE THE

AFFILIATES AND CONTRACTORS AND

TERMINATION OF THE AGREEMENT.

THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, SUCCESSORS

(iii) END USER HAS NO PROPERTY RIGHT

AND ASSIGNS. END USER HAS NO

IN ANY NUMBER ASSIGNED TO THE

CONTRACTUAL RELATIONSHIP WITH

DEVICE.

THE UNDERLYING WIRELESS SERVICE

(iv) END USER UNDERSTANDS THAT

CARRIER AND END USER IS NOT A THIRD

FORD AND THE UNDERLYING CARRIER

PARTY BENEFICIARY OF ANY

CANNOT GUARANTY THE SECURITY OF

AGREEMENT BETWEEN FORD AND

WIRELESS TRANSMISSIONS, AND WILL

UNDERLYING CARRIER. END USER

NOT BE LIABLE FOR ANY LACK OF

UNDERSTANDS AND AGREES THAT THE

SECURITY RELATING TO THE USE OF THE

UNDERLYING CARRIER HAS NO LEGAL,

SERVICES

EQUITABLE, OR OTHER LIABILITY OF ANY

THE SERVICE IS FOR [END USER’S] USE

KIND TO END USER. IN ANY EVENT,

ONLY AND END USER MAY NOT RESELL

REGARDLESS OF THE FORM OF THE

THE SERVICE TO ANY OTHER PARTY END

ACTION, WHETHER FOR BREACH OF

USER UNDERSTANDS THAT THE

CONTRACT, WARRANTY, NEGLIGENCE,

UNDERLYING CARRIER DOES NOT

STRICT LIABILITY IN TORT OR

GUARANTEE ANY END USER

OTHERWISE, END USER'S EXCLUSIVE

UNINTERRUPTED SERVICE OR

REMEDY FOR CLAIMS ARISING IN ANY

COVERAGE. THE UNDERLYING CARRIER

WAY IN CONNECTION WITH THIS

DOES NOT WARRANT THAT END USERS

AGREEMENT, FOR ANY CAUSE

CAN OR WILL BE LOCATED USING THE

WHATSOEVER, INCLUDING BUT NOT

SERVICE. THE UNDERLYING CARRIER

LIMITED TO ANY FAILURE OR

526

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Customer Information

MAKES NO WARRANTY, EXPRESS OR

view it, and (ii) save it, provided that you

IMPLIED, OF MERCHANTABILITY OR

do not remove any copyright notices that

FITNESS FOR A PARTICULAR PURPOSE,

appear and do not modify the Data in any

SUITABILITY, OR PERFORMANCE

way. You agree not to otherwise reproduce,

REGARDING ANY SERVICES OR GOODS,

copy, modify, decompile, disassemble or

AND IN NO EVENT SHALL AT&T BE

reverse engineer any portion of this Data,

LIABLE, WHETHER OR NOT DUE TO ITS

and may not transfer or distribute it in any

OWN NEGLIGENCE, FOR ANY: (A) ACT OR

form, for any purpose, except to the extent

OMISSION OF A THIRD PARTY; (B)

permitted by mandatory laws.

MISTAKES, OMISSIONS, INTERRUPTIONS,

Restrictions

ERRORS, FAILURES TO TRANSMIT,

DELAYS, OR DEFECTS IN THE SERVICE

Except where you have been specifically

PROVIDED BY OR THROUGH THE

licensed to do so by NAV2 , and without

UNDERLYING CARRIER; (C) DAMAGE OR

limiting the preceding paragraph, you may

INJURY CAUSED BY SUSPENSION OR

not (a) use this Data with any products,

TERMINATION BY THE UNDERLYING

systems, or applications installed or

CARRIER; OR (D) DAMAGE OR INJURY

otherwise connected to or in

CAUSED BY A FAILURE OR DELAY IN

communication with vehicles, capable of

CONNECTING A CALL TO ANY ENTITY,

vehicle navigation, positioning, dispatch,

INCLUDING 911 OR ANY OTHER

real time route guidance, fleet

EMERGENCY SERVICE. TO THE FULL

management or similar applications; or (b)

EXTENT ALLOWED BY LAW, THE END

with or in communication with any

USER RELEASES, INDEMNIFIES AND

positioning devices or any mobile or

HOLDS THE UNDERLYING CARRIER

wireless-connected electronic or computer

HARMLESS FROM AND AGAINST ANY

devices, including without limitation

AND ALL CLAIMS OF ANY PERSON OR

cellular phones, palmtop and handheld

ENTITY FOR DAMAGES OF ANY NATURE

computers, pagers, and personal digital

ARISING IN ANY WAY FROM OR RELATING

assistants or PDAs. You agree to cease

TO, DIRECTLY OR INDIRECTLY, SERVICES

using this Data if you fail to comply with

PROVIDED BY THE UNDERLYING CARRIER

these terms and conditions.

OR ANY PERSON’S USE THEREOF,

INCLUDING CLAIMS ARISING IN WHOLE

Limited Warranty

OR IN PART FROM THE ALLEGED

NAV2 warrants that (a) the Data will

NEGLIGENCE OF THE UNDERLYING

perform substantially in accordance with

CARRIER.

the accompanying written materials for a

period of ninety (90) days from the date

VII. China Territory

of receipt, and (b) any support services

Personal Use Only

provided by NAV2 shall be substantially as

described in applicable written materials

You agree to use this Data together with

provided to you by NAV2, and NAV2’s

[insert name of Client Application] for the

support engineers will make commercially

solely personal, non-commercial purposes

reasonable efforts to solve any problem

for which you were licensed, and not for

issues.

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)

527

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Customer Information

Customer Remedies

FOR ANY LOSS OF PROFIT, REVENUE,

CONTRACTS OR SAVINGS, OR ANY

NAV2 and its suppliers’ entire liability and

OTHER DIRECT, INDIRECT, INCIDENTAL,

your exclusive remedy shall be, at NAV2’s

SPECIAL OR CONSEQUENTIAL DAMAGES

sole discretion, either (a) return of the price

ARISING OUT OF YOUR USE OF OR

paid, if any, or (b) repair or replacement of

INABILITY TO USE THIS INFORMATION,

the Data that do not meet NAV2’s Limited

ANY DEFECT IN THE INFROMATION, OR

Warranty and that are returned to NAV2

THE BREACH OF THESE TERMS OR

with a copy of your receipt. This Limited

CONDITIONS, WHETHER IN AN ACTION

Warranty is void if failure of the Data has

IN CONTRACT OR TORT OR BASED ON A

resulted from accident, abuse, or

WARRANTY, EVEN IF NAV2 OR ITS

misapplication. Any replacement Data will

LICENSORS HAVE BEEN ADVISED OF THE

be warranted for the remainder of the

POSSIBILITY OF SUCH DAMAGES. UNDER

original warranty period or thirty (30) days,

NO CIRCUMSTANCES SHALL NAV2’s OR

whichever is longer. Neither these remedies

ITS SUPPLIERS’ LIABILITY HEREUNDER

nor any product support services offered

EXCEED THE PRICE PAID. Certain liability

by NAV2 are available without proof of

exclusions may not be permitted under

purchase from an authorized international

applicable law, so to that extent the above

source.

exclusion may not apply to you.

No Other Warranty:

Export Control

EXCEPT FOR THE LMITED WARRANTY

You agree not to export to anywhere any

SET FORTH ABOVE AND TO THE EXTENT

part of the Data provided to you or any

PERMITTED BY APPLICABLE LAW, NAV2

direct product thereof except in

AND ITS LICENSORS (INCLUDING THEIR

compliance with, and with all licenses and

LICENSORS AND SUPPLIERS) DISCLAIM

approvals required under, applicable

ANY WARRANTIES, EXPRESS OR IMPLIED,

export laws, rules and regulations.

OF QUALITY, PERFORMANCE,

MERCHANTABILITY, FITNESS FOR A

IP Protection

PARTICULAR PURPOSE, OWNERSHIP OR

The Data are owned by NAV2 or its

NON-INFRINGEMENT. Certain warranty

suppliers and are protected by applicable

exclusions may not be permitted under

applicable law, so to that extent the above

law and treaties. The Data are provided

exclusion may not apply to you.

solely on the basis of a license to use, not

Limited Liability:

sale.

TO THE EXTENT PERMITTED BY

Entire Agreement

APPLICABLE LAW, NAV2 AND ITS

These terms and conditions constitute the

LICENSORS (INCLUDING THEIR

entire agreement between NAV2(and its

LICENSORS AND SUPPLIERS) SHALL NOT

licensors, including their licensors and

BE LIABLE TO YOU: IN RESPECT OF ANY

suppliers) and you pertaining to the subject

CLAIM, DEMAND OR ACTION,

matter hereof, and supersedes in their

IRRESPECTIVE OF THE NATURE OF THE

entirety any and all written or oral

CAUSE OF THE CLAIM, DEMAND OR

agreements previously existing between

ACTION ALLEGING ANY LOSS, INJURY OR

us with respect to such subject matter.

DAMAGES, DIRECT OR INDIRECT, WHICH

MAY RESULT FROM THE USE OR

POSSESSION OF THE INFORMATION; OR

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Customer Information -> End User License Agreement for Your Ford Puma SUV 2019-2024

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