Ford Ecosport 2012-2022 - Appendices -> End User License Agreement

Appendices

Description of Other Rights and

Limitations

END USER LICENSE

AGREEMENT

•

Speech Recognition: If the

SOFTWARE includes speech

VEHICLE SOFTWARE END USER

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

LICENSE AGREEMENT (EULA)

•

You (“You” or “Your” as applicable)

have acquired a vehicle having several

devices, including SYNC ® and various

control modules, ("DEVICES") that

include software licensed or owned by

Ford Motor Company and its affiliates

("FORD MOTOR COMPANY"). Those

software products of FORD MOTOR

COMPANY origin, as well as associated

media, printed materials, and "online"

or electronic documentation

process. It is your responsibility to

monitor any speech recognition

functions included in the system.

•

LimitationsonReverseEngineering,

Decompilation and Disassembly:

You may not reverse engineer,

("SOFTWARE") are protected by

international intellectual property laws

and treaties. The SOFTWARE is

decompile, translate, disassemble or

attempt to discover any source code

or underlying ideas or algorithms of the

SOFTWARE nor permit others to

reverse engineer, decompile or

•

The SOFTWARE may interface with

and/or communicate with, or may be

later upgraded to interface with and/or

communicate with additional software

and/or systems provided by FORD

MOTOR COMPANY.

disassemble the SOFTWARE, except

and only to the extent that such activity

is expressly permitted by applicable

law notwithstanding this limitation or

to the extent as may be permitted by

the licensing terms governing use of

any open source components included

with the SOFTWARE.

IF YOU DO NOT AGREE TO THIS END

USERLICENSEAGREEMENT("EULA")

DO NOT USE THE DEVICES OR COPY

THE SOFTWARE. ANY USE OF THE

SOFTWARE, INCLUDING BUT NOT

LIMITED TO USE ON THE DEVICES,

WILLCONSTITUTEYOURAGREEMENT

TO THIS EULA (OR RATIFICATION OF

ANY PREVIOUS CONSENT).

•

Limitations on Distributing,

Copying, Modifying and Creating

Derivative Works: You may not

distribute, copy, make modifications

to or create derivative works based on

the SOFTWARE, except and only to the

extent that such activity is expressly

permitted by applicable law

GRANT OF SOFTWARE LICENSE: This

EULA grants you the following license:

•

You may use the SOFTWARE as

installed on the DEVICES and as

otherwise interfacing with systems

and/or services provide by or through

FORD MOTOR COMPANY or its third

party software and service providers.

notwithstanding this limitation or to

the extent as may be permitted by the

licensing terms governing use of any

open source components included with

the SOFTWARE.

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•

Single EULA: The end user

•

Additional Software/Services: The

documentation for the DEVICES and

related systems and services may

contain multiple EULAs, such as

multiple translations and/or multiple

media versions (e.g., in the user

documentation and in the software).

Even if you receive multiple EULAs, you

are licensed to use only one (1) copy of

the SOFTWARE.

SOFTWARE may permit FORD MOTOR

COMPANY, third party software and

service suppliers, its affiliates and/or

its designated agent to provide or make

available to you SOFTWARE updates,

supplements, add-on components, or

Internet-based services components

of the SOFTWARE after the date you

obtain your initial copy of the

SOFTWARE ("Supplemental

SOFTWARE Transfer: You may

permanently transfer your rights under

this EULA only as part of a sale or

transfer of the DEVICES, provided you

retain no copies, you transfer all of the

SOFTWARE (including all component

parts, the media and printed materials,

any upgrades, and, if applicable, the

Certificate(s) of Authenticity), and the

recipient agrees to the terms of this

EULA. If the SOFTWARE is an upgrade,

any transfer must include all prior

versions of the SOFTWARE.

Components".) SOFTWARE updates

may cause you to incur additional

charges from your wireless service

provider. If FORD MOTOR COMPANY

or third party software and services

suppliers provide or make available to

you Supplemental Components and

no other EULA terms are provided

along with the Supplemental

Components, then the terms of this

EULA shall apply. FORD MOTOR

COMPANY, its affiliates and/or its

designated agent reserve the right to

discontinue without liability any

Internet-based services provided to

you or made available to you through

the use of the SOFTWARE.

•

Termination: Without prejudice to any

other rights, FORD MOTOR COMPANY

may terminate this EULA if you fail to

comply with the terms and conditions

of this EULA.

Internet-Based Services

Components: The SOFTWARE may

contain components that enable and

facilitate the use of certain

Internet-based services. You

acknowledge and agree that FORD

MOTOR COMPANY, third party

software and service suppliers, its

affiliates and/or its designated agent

may automatically check the version

of the SOFTWARE and/or its

components that you are utilizing and

may provide upgrades or supplements

to the SOFTWARE that may be

automatically downloaded to your

DEVICES.

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•

Links to Third Party Sites: The

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 may provide you with the

ability to link to third party sites. The

third party sites are not under the

control of FORD MOTOR COMPANY,

its affiliates and/or its designated

agent. Neither FORD MOTOR

SOFTWARE), the accompanying printed

materials, and any copies of the

COMPANY nor its affiliates nor its

designated agent are responsible for

(I) the contents of any third party sites,

any links contained in third party sites,

or any changes or updates to third

party sites, or (ii) webcasting or any

other form of transmission received

from any third party sites. If the

SOFTWARE, are owned by FORD MOTOR

COMPANY, or its affiliates or suppliers. The

SOFTWARE is licensed, not sold. You may

not copy the printed materials

accompanying the SOFTWARE. All title

and intellectual property rights in and to

the content which may be accessed

through use of the SOFTWARE is the

property of the respective content owner

and may be protected by applicable

copyright or other intellectual property

laws and treaties. This EULA grants you no

rights to use such content outside its

intended use. All rights not specifically

granted under this EULA are reserved by

FORD MOTOR COMPANY, its affiliates,

and third party software and service

providers and suppliers. Use of any on-line

services which may be accessed through

the SOFTWARE may be governed by the

respective terms of use relating to such

services. If this SOFTWARE contains

documentation that is provided only in

electronic form, you may print one copy of

such electronic documentation.

SOFTWARE provides links to third

party sites, those links are provided to

you only as a convenience, and the

inclusion of any link does not imply an

endorsement of the third party site by

FORD MOTOR COMPANY, its affiliates

and/or its designated agent.

Obligation to Drive Responsibly:

You recognize your obligation to drive

responsibly and keep attention on the

road. You will read and abide with the

DEVICES operating instructions

particularly as they pertain to safety

and you agree to assume any risk

associated with the use of the

DEVICES.

•

UPGRADES AND RECOVERY MEDIA:

If the SOFTWARE is provided by FORD

MOTOR COMPANY separate from the

DEVICES on media such as a ROM chip,

CD ROM disk(s) or via web download or

other means, and is labeled "For Upgrade

Purposes Only" or "For Recovery Purposes

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

SOFTWARE onto the DEVICES as a

replacement copy for the existing

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.

SOFTWARE, and use it in accordance with

this EULA, including any additional EULA

terms accompanying the upgrade

SOFTWARE.

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TRADEMARKS: This EULA does not grant

General Operation

you any rights in connection with any

trademarks or service marks of FORD

MOTOR COMPANY, its affiliates, and third

party software and service providers.

•

Voice Command Control: Certain

functions within the SYNC® system

may be accomplished using voice

commands. Using voice commands

while driving helps you to operate the

system without removing your hands

from the wheel or eyes from the road.

Prolonged Views of Screen: Do not

access any function requiring a

prolonged view of the screen while you

are driving. Pull over in a safe and legal

manner before attempting to access a

function of the system requiring

prolonged attention.

Volume Setting: Do not raise the

volume excessively. Keep the volume

at a level where you can still hear

outside traffic and emergency signals

while driving. Driving while unable to

hear these sounds could cause an

accident.

Navigation Features: Any navigation

features included in the system are

intended to provide turn by turn

instructions to get you to a desired

destination. Please make certain all

persons using this system carefully

read and follow instructions and safety

information fully.

PRODUCT SUPPORT: Please refer to

FORD MOTOR COMPANY instructions

provided in the documentation for the

DEVICES product support, such as the

vehicle owner guide.

Should you have any questions concerning

this EULA, or if you desire to contact FORD

MOTOR COMPANY for any other reason,

please refer to the address provided in the

documentation for the DEVICES.

No Liability for Certain Damages:

EXCEPT AS PROHIBITED BY LAW, FORD

MOTOR COMPANY, ANY THIRD PARTY

SOFTWARE OR SERVICES SUPPLIERS,

AND THEIR AFFILIATES SHALL HAVE NO

LIABILITY FOR ANY INDIRECT, SPECIAL,

CONSEQUENTIAL OR INCIDENTAL

DAMAGES ARISING FROM OR IN

CONNECTION WITH THE USE OR

PERFORMANCEOFTHESOFTWARE. THIS

LIMITATION SHALL APPLY EVEN IF ANY

REMEDY FAILS OF ITS ESSENTIAL

PURPOSE. THERE ARE NO WARRANTIES

OTHER THAN THOSE THAT MAY BE

EXPRESSLY PROVIDED FOR YOUR NEW

VEHICLE.

•

Distraction Hazard: Any navigation

features may require manual

SYNC® Automotive Important Safety

Information Read and follow

instructions:

(non-verbal) setup. Attempting to

perform such set-up or insert data

while driving can distract your attention

and could cause an accident or other

serious injury. Stop the vehicle in a safe

and legal manner before attempting

these operations.

•

Before using your SYNC® system, read

and follow all instructions and safety

information provided in this end user

manual ("Owner Guide".) Not

following precautions found in the

Owner Guide can lead to an accident

or other serious injuries.

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

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substitute for your personal judgment.

Your Responsibilities and Assumptions of

Risk

•

Any route suggestions made by this

system should never replace any local

traffic regulations or your personal

judgment or knowledge of safe driving

practices.

You agree to each of the following:(a)

Any use of the SOFTWARE while

driving an automobile or other vehicle

in violation of applicable law or

•

Route Safety: Do not follow the route

suggestions if doing so would result in

an unsafe or illegal maneuver, if you

would be placed in an unsafe situation,

or if you would be directed into an area

that you consider unsafe. The driver is

ultimately responsible for the safe

operation of the vehicle and therefore,

must evaluate whether it is safe to

follow the suggested directions.

Potential Map Inaccuracy: Maps

used by this system may be inaccurate

because of changes in roads, traffic

controls or driving conditions. Always

use good judgment and common sense

when following the suggested routes.

Emergency Services: Do not rely on

any navigation features included in the

system to route you to emergency

services. Ask local authorities or an

emergency services operator for these

locations. Not all emergency services

such as police, fire stations, hospitals

and clinics are likely to be contained in

the map database for such navigation

features.

otherwise driving in an unsafe manner

presents a significant risk of distracted

driving and should not be attempted

under any circumstances;(b) Use of

the SOFTWARE at excessive volume

poses a significant risk of hearing

damage and should not be attempted

under any circumstances;(c) The

SOFTWARE may not be compatible

with new or different versions of an

operating system, third party software,

or third party services, and the

•

SOFTWARE may potentially cause a

critical failure of an operating system,

third party software, or third party

service.(d) Any third party service

accessed by or third party software

used with the SOFTWARE (I) may

charge an additional fee for access, (ii)

may not work correctly, on an

uninterrupted basis, or error free, (iii)

may change streaming formats or

discontinue operation, (iv) may contain

adult, profane or offensive content; and

(v) may contain inaccurate, false or

misleading traffic, weather, financial

or safety information or other content;

and (e) Use of the SOFTWARE may

cause you to incur additional charges

from your wireless service provider

(WSP) and any data or minute

calculators that may be included in the

software program are for reference

only, are not warranted in any way and

should not be relied upon in anyway.

•

When using the SOFTWARE, you agree

to be responsible for and assume the

entire risk to the items set forth in

Section (a) – (e) above.

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Disclaimer of Warranty

CREATE A WARRANTY. SHOULD THE

SOFTWARE, THIRD PARTY SOFTWARE,

OR THIRD-PARTY SERVICES PROVE

DEFECTIVE, YOU ASSUME THE ENTIRE

COST OF ALL NECESSARY SERVICING,

REPAIR OR CORRECTION. SOME

YOU EXPRESSLY ACKNOWLEDGE AND

AGREE THAT USE OF THE DEVICES AND

SOFTWARE IS AT YOUR SOLE RISK AND

THAT THE ENTIRE RISK AS TO

SATISFACTORY QUALITY,

JURISDICTIONS DO NOT ALLOW THE

DISCLAIMER OF IMPLIED WARRANTIES

OR LIMITATIONS ON APPLICABLE

PERFORMANCE, COMPATIBILITY,

ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED

BY APPLICABLE LAW, THE SOFTWARE

AND ANY THIRD PARTY SOFTWARE OR

THIRD-PARTY SERVICES ARE PROVIDED

"AS IS" AND “AS AVAILABLE”, WITH ALL

FAULTS AND WITHOUT WARRANTY OF

ANY KIND, AND FORD MOTOR COMPANY

HEREBY DISCLAIMS ALL WARRANTIES

AND CONDITIONS WITH RESPECT TO

THE SOFTWARE, THIRD PARTY

STATUTORY RIGHTS OF A CONSUMER,

SO THE ABOVE DISCLAIMER MAY NOT

FULLY APPLY TO YOU. THE SOLE

WARRANTY PROVIDED BY FORD MOTOR

COMPANY SHALL BE FOUND IN THE

WARRANTY INFORMATION INCLUDING

WITH YOUR OWNER GUIDE. TO THE

EXTENT THAT THERE IS ANY CONFLICT

BETWEEN THE TERMS OF THIS SECTION

AND THE WARRANTY BOOKLET, THE

WARRANTYBOOKLETSHALLCONTROL.

SOFTWARE, AND THIRD-PARTY

SERVICES, EITHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES

AND/OR CONDITIONS OF

Applicable Law, Venue, Jurisdiction

•

The laws of the State of Michigan

govern this EULA and Your use of the

SOFTWARE. Your use of the

MERCHANTABILITY, OF SATISFACTORY

QUALITY, OF FITNESS FOR AN

SOFTWARE may also be subject to

other local, state, national, or

ARTICULAR PURPOSE, OF ACCURACY,

OF QUIET ENJOYMENT, AND

international laws. Any litigation arising

out of or related to this EULA shall be

brought and maintained exclusively in

a court of the State of Michigan

located in Wayne County or in the

United States District Court for the

Eastern District of Michigan. You hereby

consent to submit to the personal

jurisdiction of a court in the State of

Michigan located in Wayne County and

the United States District Court for the

Eastern District of Michigan for any

dispute arising out of or relating to this

EULA.

NON-INFRINGEMENT OF THIRD-PARTY

RIGHTS. FORD MOTOR COMPANY DOES

NOT WARRANT (a) AGAINST

INTERFERENCE WITH YOUR ENJOYMENT

OF THE SOFTWARE, THIRD PARTY

SOFTWARE, OR THIRD-PARTY SERVICES,

(b) THAT THE SOFTWARE, THIRD PARTY

SOFTWARE, OR THIRD-PARTY SERVICES

WILL MEET YOUR REQUIREMENTS, (c)

THAT THE OPERATION OF THE

SOFTWARE, THIRD PARTY SOFTWARE,

OR THIRD-PARTY SERVICES WILL BE

UNINTERRUPTED OR ERROR-FREE, (d)

OR THAT DEFECTS IN THE SOFTWARE,

THIRD PARTY SOFTWARE, OR

THIRD-PARTY SERVICES WILL BE

CORRECTED. NO ORAL OR WRITTEN

INFORMATION OR ADVICE GIVEN BY

FORD MOTOR COMPANY OR ITS

AUTHORIZED REPRESENTATIVE SHALL

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Binding Arbitration and Class Action

the right to litigate (or participate in as a

party or class member) all disputes in court

before a judge or jury. Instead, all disputes

will be resolved before a neutral arbitrator,

whose decision will be final except for a

limited right of appeal under the Federal

Arbitration Act. Any court with jurisdiction

over the parties may enforce the

Waiver

(a) Application. This Section applies to

any dispute EXCEPT IT DOES NOT

INCLUDE A DISPUTE RELATING TO

COPYRIGHT INFRINGEMENT, OR TO THE

ENFORCEMENT OR VALIDITY OF YOUR,

FORD MOTOR COMPANY, OR ANY OF

FORD MOTOR COMPANY’S LICENSORS’

INTELLECTUAL PROPERTY RIGHTS.

Dispute means any dispute, action, or other

controversy between You and FORD

MOTOR COMPANY, other than the

exceptions listed above, concerning the

SOFTWARE (including its price) or this

EULA, whether in contract, warranty, tort,

statute, regulation, ordinance, or any other

legal or equitable basis.

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

Dispute, You or FORD MOTOR COMPANY

must give the other a “Notice of Dispute”,

which is a written statement of the name,

address, and contact information of the

party giving it, the facts giving rise to the

dispute, and the relief requested. You and

FORD MOTOR COMPANY will attempt to

resolve any dispute through informal

negotiation within 60 days from the date

the Notice of Dispute is sent. After 60 days,

You or FORD MOTOR COMPANY may

commence arbitration.

arbitrator’s award.

(e) Class action waiver. Any proceedings

to resolve or litigate any dispute in any

forum will be conducted solely on an

individual basis. Neither you nor FORD

MOTOR COMPANY, will seek to have any

dispute heard as a class action, as a private

attorney general action, or in any other

proceeding in which any party acts or

proposes to act in a representative

capacity. No arbitration or proceeding will

be combined with another without the

prior written consent of all parties to all

affected arbitrations or proceedings.

(f) Arbitration procedure. Any

arbitration will be conducted by the

American Arbitration Association (the

“AAA”), under its Commercial Arbitration

Rules. If You are an individual and use the

SOFTWARE for personal or vehicle use, or

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

less whether or not You are an individual

or how You use the SOFTWARE, the AAA

Supplementary Procedures for

(c) Small claims court. You may also

litigate any dispute in small claims court

in your county of residence or FORD

MOTOR COMPANY’S principal place of

business, if the dispute meets all

requirements to be heard in the small

claims court. You may litigate in small

claims court whether or not You

Consumer-Related Disputes will also

apply. To commence arbitration, submit a

Commercial Arbitration Rules Demand for

Arbitration form to the AAA. You may

request a telephonic or in-person hearing

by following the AAA rules. In a dispute

involving $10,000 or less, any hearing will

be telephonic unless the arbitrator finds

good cause to hold an in-person hearing

instead. For more information, see adr.org

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

commence arbitration only in your county

of residence or FORD MOTOR COMPANY’S

principal place of business. The arbitrator

negotiated informally first.

(d) Binding arbitration. If You and FORD

MOTOR COMPANY, do not resolve any

dispute by informal negotiation or in small

claims court, any other effort to resolve

the dispute will be conducted exclusively

by binding arbitration. You are giving up

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may award the same damages to You

filing, AAA, and arbitrator’s fees and

expenses. It will not seek its attorney’s

fees or expenses from you in any

arbitration. Fees and expenses are not

counted in determining how much a

dispute involves.

individually as a court could. The arbitrator

may award declaratory or injunctive relief

only to You individually, and only to the

extent required to satisfy Your individual

claim.

(g) Arbitration fees and incentives.

(h) Claims or disputes must be filed

within one year. To the extent permitted

by law, any claim or dispute under this

EULA to which this Section applies must

be filed within one year in small claims

court (Section c) or in arbitration (Section

d). The one-year period begins when the

claim or dispute first could be filed. If such

a claim or dispute is not filed within one

year, it is permanently barred.

•

I. Disputes involving $75,000 or less.

FORD MOTOR COMPANY will

promptly reimburse your filing fees and

pay the AAA’s and arbitrator’s fees and

expenses. If you reject FORD MOTOR

COMPANY’S last written settlement

offer made before the arbitrator was

appointed (“last written offer”), your

dispute goes all the way to an

arbitrator’s decision (called an

(I) Severability. If the class action waiver

“award”), and the arbitrator awards

you more than the last written offer,

FORD MOTOR COMPANY will give you

three incentives: (1) pay the greater of

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

reasonable attorney’s fees, if any; and

(3) reimburse any expenses (including

expert witness fees and costs) that

your attorney reasonably accrues for

investigating, preparing, and pursuing

your claim in arbitration. The arbitrator

will determine the amounts.

(Section e) is found to be illegal or

unenforceable as to all or some parts of a

dispute, then that portion of Section e will

not apply to those parts. Instead, those

parts will be severed and proceed in a court

of law, with the remaining parts proceeding

in arbitration. If any other provision of that

portion Section e is found to be illegal or

unenforceable, that provision will be

severed with the remainder of Section e

remaining in full force and effect.

Telenav Software End User License

•

ii. Disputes involving more than

Agreement

$75,000. The AAA rules will govern

payment of filing fees and the AAA’s

and arbitrator’s fees and expenses.

Please read these terms and conditions

carefully before you use the TeleNav

Software. Your use of the TeleNav

iii. Disputes involving any amount. In

any arbitration you commence, FORD

MOTOR COMPANY will seek its AAA

or arbitrator’s fees and expenses, or

Your filing fees it reimbursed, only if the

arbitrator finds the arbitration frivolous

or brought for an improper purpose. In

any arbitration FORD MOTOR

Software indicates that you accept these

terms and conditions. If you do not accept

these terms and conditions, do not break

the seal of the package, launch, or

otherwise use the TeleNav Software.

TeleNav may revise this Agreement and

the privacy policy at any time, with or

without notice to you. You agree to visit

http://www.telenav.com from time to time

to review the then current version of this

Agreement and of the privacy policy.

COMPANY commences, it will pay all

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1. Safe and Lawful Use

2. Account Information

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:

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.

(a) observe all traffic laws and otherwise

3. Software License

drive safely;

•

Subject to your compliance with the

terms of this Agreement, TeleNav

hereby grants to you a personal,

(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 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).

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.

3.1 License Limitations

•

(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

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.

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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distribute, sublicense or otherwise

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.

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

•

TELENAV EXPRESSLY DISCLAIMS

AND EXCLUDES ALL WARRANTIES IN

CONNECTION WITH THE TELENAV

SOFTWARE, WHETHER STATUTORY,

EXPRESS OR IMPLIED, INCLUDING ALL

WARRANTIES WHICH MAY ARISE

FROM COURSE OF DEALING, CUSTOM

OR TRADE AND INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED

I. infringes the intellectual property 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.

WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT

OF THIRD PARTY RIGHTS WITH

RESPECT TO THE TELENAV

SOFTWARE.

•

Certain jurisdictions do not permit the

disclaimer of certain warranties, so this

limitation may not apply to you.

4. Disclaimers

5. Limitation of Liability

•

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

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

Software. For example but without

limitation, you agree not to rely on the

TeleNav Software for critical

TELENAV HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY DAMAGES

THAT YOU MIGHT INCUR FOR ANY

navigation in areas where the

well-being or survival of you or others

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REASON WHATSOEVER (INCLUDING,

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.

WITHOUT LIMITATION, ALL DAMAGES

REFERENCED HEREIN AND ALL

DIRECT OR GENERAL DAMAGES IN

CONTRACT, TORT (INCLUDING

NEGLIGENCE) OR OTHERWISE), THE

ENTIRE LIABILITY OF TELENAV AND

OF ALL OF TELENAV'S SUPPLIERS

SHALL BE LIMITED TO THE AMOUNT

ACTUALLY PAID BY YOU FOR THE

TELENAV SOFTWARE. SOME STATES

AND/OR JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR

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 the terms and

LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE

ABOVE LIMITATIONS OR EXCLUSIONS

MAY NOT APPLY TO YOU.

conditions of this Agreement. Any such

sale, assignment or transfer that is not

expressly permitted under this

6. Arbitration and Governing Law

•

You agree that any dispute, claim or

controversy arising out of or relating to

this Agreement or the TeleNav

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,

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

TeleNav may assign this Agreement to

any other party at any time without

notice, provided the assignee remains

bound by this Agreement.

Commercial Arbitration Rules of the

American Arbitration Association, and

the judgment upon the award rendered

by the arbitrator may be entered by any

court having jurisdiction. Note that

there is no judge or jury in an arbitration

proceeding and the decision of the

arbitrator shall be binding upon both

parties. You expressly agree to waive

your right to a jury trial. This Agreement

and performance hereunder will be

governed by and construed in

8. Miscellaneous

8.1

This Agreement constitutes the entire

agreement between TeleNav and you with

respect to the subject matter hereof.

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

accordance with the laws of the State

of California, without giving effect to

its conflict of law provisions. To the

extent judicial action is necessary in

connection with the binding arbitration,

both TeleNav and you agree to submit

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8.6

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.

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

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.

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 Agreement), and thus your use

of the Telenav Software is also subject

to such terms. You agree to comply

with the following additional terms and

conditions, which are applicable to

Telenav’s third party vendor licensors::

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.

9.1 End User Terms Required by HERE

North America, LLC

The data (“Data”) is provided for your

personal, internal use only and not for

resale. It is protected by copyright, and is

subject to the following terms and

8.5

If any provision herein is held

conditions which are agreed to by you, on

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

its licensors (including their licensors and

suppliers) on the other hand.

unenforceable, then such provision will be

modified to reflect the intention of the

parties, and the remaining provisions of

this Agreement will remain in full force and

effect.

The 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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HERE holds a non-exclusive license from

Restrictions. Except where you have been

specifically licensed to do so by Telenav,

and without limiting the preceding

paragraph, you may not use this Data (a)

with any products, systems, or applications

installed or otherwise connected to or in

communication with vehicles, capable of

vehicle navigation, positioning, dispatch,

real time route guidance, fleet

the United States Postal Service® to

publish and sell ZIP+4® information.

©United States Postal Service® 2014.

Prices are not established, controlled or

approved by the United States Postal

Service®. The following trademarks and

registrations are owned by the USPS:

United States Postal Service, USPS, and

ZIP+4

The Data for Mexico includes certain data

from Instituto Nacional de Estadística y

Geografía.

management or similar applications; or (b)

with or in communication with any

positioning devices or any mobile or

wireless-connected electronic or computer

devices, including without limitation

cellular phones, palmtop and handheld

computers, pagers, and personal digital

assistants or PDAs.

9.2 End User Terms Required by NAV2

(Shanghai) Co., Ltd

The data (“Data”) is provided for your

personal, internal use only and not for

resale. It is protected by copyright, and is

subject to the following terms and

Warning. The Data may contain

inaccurate or incomplete information due

to the passage of time, changing

circumstances, sources used and the

nature of collecting comprehensive

geographic data, any of which may lead to

incorrect results.

conditions which are agreed to by you, on

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

Ltd (“NAV2”) and its licensors (including

their licensors and suppliers) on the other

No Warranty. This Data is provided to you

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

risk. Telenav and its licensors (and their

licensors and suppliers) make no

Terms and Conditions

Permitted Use. You agree to use this Data

together with the Telenav Software solely

for the internal business and personal

purposes for which you were licensed, and

not for service bureau, time-sharing or

other similar purposes. Accordingly, but

subject to the restrictions set forth in the

following paragraphs, you agree not to

otherwise reproduce, copy, modify,

decompile, disassemble, create any

derivative works of, or reverse engineer any

portion of this Data, and may not transfer

or distribute it in any form, for any purpose,

except to the extent permitted by

guarantees, representations or warranties

of any kind, express or implied, arising by

law or otherwise, including but not limited

to, content, quality, accuracy,

completeness, effectiveness, reliability,

fitness for a particular purpose, usefulness,

use or results to be obtained from this

Data, or that the Data or server will be

uninterrupted or error-free.

Disclaimer of Warranty: TELENAV AND

ITS LICENSORS (INCLUDING THEIR

LICENSORS AND SUPPLIERS) DISCLAIM

ANY WARRANTIES, EXPRESS OR IMPLIED,

OF QUALITY, PERFORMANCE,

mandatory laws.

MERCHANTABILITY, FITNESS FOR A

404

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PARTICULAR PURPOSE OR

export laws, rules or regulations prohibit

HERE from complying with any of its

obligations hereunder to deliver or

distribute Data, such failure shall be

excused and shall not constitute a breach

of this Agreement.

NON-INFRINGEMENT. Some States,

Territories and Countries do not allow

certain warranty exclusions, so to that

extent the above exclusion may not apply

to you.

Disclaimer of Liability: TELENAV AND

ITS LICENSORS (INCLUDING THEIR

LICENSORS AND SUPPLIERS) SHALL NOT

BE LIABLE TO YOU: IN RESPECT OF ANY

CLAIM, DEMAND OR ACTION,

Entire Agreement. These terms and

conditions constitute the entire agreement

between Telenav (and its licensors,

including their licensors and suppliers) and

you pertaining to the subject matter hereof,

and supersedes in their entirety any and

all written or oral agreements previously

existing between us with respect to such

subject matter.

Governing Law. The above terms and

conditions shall be governed by the laws

of the State of Illinois [insert “Netherlands”

where European HERE Data is used],

without giving effect to (i) its conflict of

laws provisions, or (ii) the United Nations

Convention for Contracts for the

IRRESPECTIVE OF THE NATURE OF THE

CAUSE OF THE CLAIM, DEMAND OR

ACTION ALLEGING ANY LOSS, INJURY OR

DAMAGES, DIRECT OR INDIRECT, WHICH

MAY RESULT FROM THE USE OR

POSSESSION OF THE INFORMATION; OR

FOR ANY LOSS OF PROFIT, REVENUE,

CONTRACTS OR SAVINGS, OR ANY

OTHER DIRECT, INDIRECT, INCIDENTAL,

SPECIAL OR CONSEQUENTIAL DAMAGES

ARISING OUT OF YOUR USE OF OR

INABILITY TO USE THIS INFORMATION,

ANY DEFECT IN THE INFORMATION, OR

THE BREACH OF THESE TERMS OR

CONDITIONS, WHETHER IN AN ACTION

IN CONTRACT OR TORT OR BASED ON A

WARRANTY, EVEN IF TELENAV OR ITS

LICENSORS HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. Some

States, Territories and Countries do not

allow certain liability exclusions or

International Sale of Goods, which is

explicitly excluded. You agree to submit to

the jurisdiction of the State of Illinois

[insert “The Netherlands” where European

HERE Data is used] for any and all

disputes, claims and actions arising from

or in connection with the Data provided to

you hereunder.

Government End Users. If the Data is

being acquired by or on behalf of the

United States government or any other

entity seeking or applying rights similar to

those customarily claimed by the United

States government, this Data is a

damages limitations, so to that extent the

above may not apply to you.

Export Control. You shall not export from

anywhere any part of the Data or any direct

product thereof except in compliance with,

and with all licenses and approvals

“commercial item” as that term is defined

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

accordance with these End-User Terms,

and each copy of Data delivered or

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

otherwise furnished shall be marked and

embedded as appropriate with the

following “Notice of Use,” and shall be

treated in accordance with such Notice:

Commerce. To the extent that any such

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NOTICE OF USE

B. Canada Data. The following provi-

sions apply to the Data for Canada,

which may include or reflect data from

third party licensors (“Third Party

Data”), including Her Majesty the Queen

in Right of Canada (“Her Majesty”),

Canada Post Corporation (“Canada

Post”) and the Department of Natural

Resources of Canada (“NRCan”):

CONTRACTOR (MANUFACTURER/

SUPPLIER) NAME: HERE

CONTRACTOR (MANUFACTURER/

SUPPLIER) ADDRESS: c/o Nokia, 425

West Randolph Street, Chicago, Illinois

60606

This Data is a commercial item as

defined in FAR 2.101 and is subject to

these End-User Terms under which this

Data was provided.

1. Disclaimer and Limitation: Client

agrees that its use of the Third Party

Data is subject to the following provi-

sions:

a. Disclaimer: The Third Party Data

is licensed on an “as is” basis. The

licensors of such data, including Her

Majesty, Canada Post and NRCan,

make no guarantees, representa-

tions or warranties respecting such

data, either express or implied,

arising by law or otherwise, including

but not limited to, effectiveness,

completeness, accuracy or fitness

for a particular purpose.

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.

I. US/Canada Territory

A. United States Data. The End-User

Terms for any Application containing

Data for the United States shall contain

the following notices:

b. Limitation on Liability: The Third

Party Data licensors, including Her

Majesty, Canada Post and NRCan,

shall not be liable: (i) in respect of

any claim, demand or action, irre-

spective of the nature of the cause

of the claim, demand or action

alleging any loss, injury or damages,

direct or indirect, which may result

from the use or possession of such

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

revenues or contracts, or any other

consequential loss of any kind

resulting from any defect in the

Data.

“HERE holds a non-exclusive license

from the United States Postal

Service® to publish and sell ZIP+4®

information.”

“©United States Postal Service®

20XX. Prices are not established,

controlled or approved by the United

States Postal Service®. The following

trademarks and registrations are

owned by the USPS: United States

Postal Service, USPS, and ZIP+4.”

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2. Copyright Notice: In connection with

either express or implied, arising by

law or otherwise, including but not

limited to, effectiveness, complete-

ness, accuracy or fitness for a

each copy of all or any portion of the

Data for the Territory of Canada, Client

shall affix in a conspicuous manner the

following copyright notice on at least

one of: (i) the label for the storage

media of the copy; (ii) the packaging

for the copy; or (iii) other materials

packaged with the copy, such as user

manuals or end user license agree-

ments: “This data includes information

taken with permission from Canadian

authorities, including © Her Majesty

the Queen in Right of Canada, ©

particular purpose. The licensors,

including Her Majesty, Canada Post

and NRCan, shall not be liable in

respect of any claim, demand or

action, irrespective of the nature of

the cause of the claim, demand or

action alleging any loss, injury or

damages, direct or indirect, which

may result from the use or posses-

sion of the data or the Data. The

licensors, including Her Majesty,

Canada Post and NRCan, shall not

be liable in any way for loss of

revenues or contracts, or any other

consequential loss of any kind

resulting from any defect in the data

or the Data.

Queen's Printer for Ontario, © Canada

Post Corporation, GeoBase®, © The

Department of Natural Resources

3. End-User Terms: Except as other-

wise agreed by the parties, in connec-

tion with the provision of any portion

of the Data for the Territory of Canada

to End-Users as may be authorized

under the Agreement, Client shall

provide such End-Users, in a reason-

ably conspicuous manner, with terms

(set forth with other end user terms

required to be provided under the

Agreement, or as otherwise may be

provided, by Client) which shall include

the following provisions on behalf of

the Third Party Data licensors,

End User shall indemnify and save

harmless the licensors, including Her

Majesty, Canada Post and NRCan,

and their officers, employees and

agents from and against any claim,

demand or action, irrespective of

the nature of the cause of the claim,

demand or action, alleging loss,

costs, expenses, damages or injuries

(including injuries resulting in death)

arising out of the use or possession

of the data or the Data.

including Her Majesty, Canada Post

and NRCan:

4. Additional Provisions: The terms

contained in this Section are in addi-

tion to all of the rights and obligations

of the parties under the Agreement.

To the extent that any of the provi-

sions of this Section are inconsistent

with, or conflict with, any other provi-

sions of the Agreement, the provisions

of this Section shall prevail.

The Data may include or reflect

data of licensors, including Her

Majesty the Queen in the Right of

Canada (“Her Majesty”), Canada

Post Corporation (“Canada Post”)

and the Department of Natural

Resources Canada (“NRCan”). Such

data is licensed on an “as is” basis.

The licensors, including Her Majesty,

Canada Post and NRCan, make no

guarantees, representations or

warranties respecting such data,

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A. Third Party Notices. Any and all copies

II. Mexico. The following provision applies

to the Data for Mexico, which includes

certain data from the Instituto Nacional

de Estadística y Geografía (“INEGI”):

of the Data and/or packaging relating

thereto shall include the respective Third

Party Notices set forth below and used

as described below corresponding to

the Territory (or portion thereof)

included in such copy:

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

packaging containing Data for Mexico

shall contain the following notice:

“Fuente: INEGI (Instituto Nacional de

Estadística y Geografía)”

Country Notice

Jordan

“© Royal Jordanian

Geographic Centre”. The

foregoing notice requirement

for Jordan Data is a material

term of the Agreement. If

Client or any of its permitted

sublicensees (if any) fail to

meet such requirement,

HERE shall have the right to

terminate Client’s license

with respect to the Jordan

Data.

III. Latin America Territory

A. Third Party Notices. Any and all copies

of the Data and/or packaging relating

thereto shall include the respective Third

Party Notices set forth below and used

as described below corresponding to

the Territory (or portion thereof)

included in such copy:

Territory Notice

B. Jordan Data. Client and its permitted

sublicensees (if any) are restricted from

licensing and/or otherwise distributing

HERE’s database for the country of

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

prise Applications to (i) non-Jordanian

entities for use of the Jordan Data solely

in Jordan or (ii) Jordan-based customers.

In addition, Client, its permitted subli-

censees (if any) and End-Users are

restricted from using the Jordan Data in

Enterprise Applications if such party is

(i) a non-Jordanian entity using the

Jordan Data solely in Jordan or (ii) a

Jordan-based customer. For purposes

of the foregoing, “Enterprise Applica-

tions”shall mean Geomarketing applic-

ations, GIS applications, mobile business

asset management applications, call

center applications, telematics applica-

tions, public organization Internet

applications or for providing geocoding

services.

Argen-

tina

IGN “INSTITUTO

GEOGRAFICO NACIONAL

ARGENTINO”

Ecuador “INSTITUTO GEOGRAFICO

MILITAR DEL ECUADOR

AUTORIZACION N° IGM-

2011-01- PCO-01 DEL 25 DE

ENERO DE 2011”

“source: © IGN 2009 - BD

TOPO ®”

Guade-

loupe,

French

Guiana

and

Marti-

nique

“Fuente: INEGI (Instituto

Nacional de Estadística y

Geografía)”

Mexico

IV. Middle East Territory

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is conditioned on Client’s obtaining prior

V. Europe Territory

written consent from Kartografie a.s.;

(c) such license for selling or distributing

with respect to Data for the Territory of

Switzerland is conditioned on Client’s

obtaining a permit from Bundesamt für

Landestopografie of Switzerland; (d)

Client is restricted from using Data for

the Territory of France to create paper

maps with a scale between 1:5,000 and

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

from using any Data to create, sell or

distribute paper maps that are the same

or substantially similar, in terms of data

content and specific use of color,

A. Use of Certain Traffic Codes in Europe

1. General Restrictions Applicable to

Traffic Codes. Client acknowledges

and agrees that in certain countries of

the Europe Territory, Client will need

to obtain rights directly from third

party RDS-TMC code providers to

receive and use the Traffic Codes in

the Data and to deliver to End-Users

Transactions in any way derived from

or based on such Traffic Codes. For

such countries, HERE shall deliver the

Data incorporating Traffic Codes to

Client only after receiving certification

from Client of its having obtained such

rights.

symbols and scale, to paper maps

published by the European national

mapping agencies, including without

limitation, Landervermessungämter of

Germany, Topografische Dienst of the

Netherlands, Nationaal Geografisch

Instituut of Belgium, Bundesamt für

Landestopografie of Switzerland,

2. Display of Third Party Rights

Legends for Belgium. Client shall, for

each Transaction that uses Traffic

Codes for Belgium, provide the

following notice to the End-User:

“Traffic Codes for Belgium are

provided by the Ministerie van de

Vlaamse Gemeenschap and the

Ministèrie de l’Equipement et des

Transports.”

Bundesamt für Eich-und Vermessung-

swesen of Austria, and the National

Land Survey of Sweden.

C. OS Enforcement. Without limiting

Section IV(B) above, with respect to

Data for the Territory of Great Britain,

Client acknowledges and agrees that

the Ordnance Survey (“OS”) may bring

a direct action against Client to enforce

compliance with the OS copyright notice

(see Section IV(D) below) and paper

map requirements (see Section IV(B)

above) contained in this Agreement.

B. Paper Maps. With respect to any

license granted to Client relating to

making, selling or distributing paper

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

paper-like medium): (a) such license

with respect to Data for the Territory of

Great Britain is conditioned on Client’s

entering into and complying with a

separate written agreement with the

Ordnance Survey (“OS”) to create and

sell paper maps, Client’s paying to the

OS any and all applicable paper map

royalties, and Client’s complying with

the OS copyright notice requirements;

(b) such license for selling or otherwise

distributing for charge with respect to

Data for the Territory of Czech Republic

D. Third Party Notices. Any and all copies

of the Data and/or packaging relating

thereto shall include the respective Third

Party Notices set forth below and used

as described below corresponding to

the Territory (or portion thereof)

included in such copy:

Country(ies) Notice

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Austria

und Vermessungswesen”

Spain

“Información geográfica

propiedad del CNIG”

Croatia

Cyprus,

Estonia,

Latvia,

Sweden

“Based upon electronic

Survey Sweden.”

Switzerland “Topografische

Lithuania,

Moldova,

Poland,

Slovenia

and/or

für Landestopographie.

E. Respective Country Distribution. Client

acknowledges that HERE has not

received approvals to distribute map

data for the following countries in such

respective countries: Albania, Belarus,

Kyrgyzstan, Moldova and Uzbekistan.

HERE may update such list from time to

time. The license rights granted to Client

under this TL with respect to the Data

for such countries are contingent upon

Client’s compliance with all applicable

laws and regulations, including, without

limitation, any required licenses or

approvals to distribute the Application

incorporating such Data in such

Ukraine

France

TOPO ®”

Germany

“Die Grundlagendaten

wurden mit Genehmigung

der zuständigen Behörden

entnommen”

Great Britain “Contains Ordnance

copyright and database

right 2010 Contains Royal

copyright and database

right 2010”

respective countries.

VI. Australia Territory

Greece

Hungary

Italy

“Copyright Geomatics

Ltd.”

A. Third Party Notices. Any and all copies

of the Data and/or packaging relating

thereto shall include the respective Third

Party Notices set forth below and used

as described below corresponding to

the Territory (or portion thereof)

included in such copy:

Map Ltd.”

“La Banca Dati Italiana è

stata prodotta usando

quale riferimento anche

cartografia numerica ed

al tratto prodotta e fornita

dalla Regione Toscana.”

Copyright. Based on data provided

under license from PSMA Australia

Limited (www.psma.com.au).

Norway

Norwegian Mapping

Authority”

Portugal

“Source: IgeoE – Portugal”

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DISRUPTION OF SERVICE PROVIDED

20XX Telstra Corporation Limited, GM

Holden Limited, Intelematics Australia

Pty Ltd and Continental Pty Ltd.

HEREUNDER, IS LIMITED TO PAYMENT

OF DAMAGES IN AN AMOUNT NOT TO

EXCEED THE AMOUNT PAID BY END USER

FOR THE SERVICES DURING THE

TWO-MONTH PERIOD PRECEDING THE

DATE THE CLAIM AROSE.

B. Third Party Notices for Australia. In

addition to the foregoing, the End-User

Terms for any Application containing

RDS-TMC Traffic Codes for Australia

shall contain the following notice:

“Product incorporates traffic location

tion Limited and its licensors.”

(ii) END USER AGREES TO INDEMNIFY

AND HOLD HARMLESS THE UNDERLYING

WIRELESS SERVICE CARRIER AND ITS

OFFICERS, EMPLOYEES, AND AGENTS

AGAINST ANY AND ALL CLAIMS,

INCLUDING WITHOUT LIMITATION

CLAIMS FOR LIBEL, SLANDER, OR ANY

PROPERTY DAMAGE, PERSONAL INJURY

OR DEATH, ARISING IN ANY WAY,

AT&T Vehicle Network Carrier

Telematics Disclosure

DIRECTLY OR INDIRECTLY, IN

END USER FOR PURPOSES OF THIS

SECTION MEANS YOU AND YOUR HEIRS,

EXECUTORS, LEGAL PERSONAL

CONNECTION WITH THIS AGREEMENT

OR THE USE, FAILURE TO USE, OR

INABILITY TO USE THE DEVICE EXCEPT

WHERE THE CLAIMS RESULT FROM THE

UNDERLYING CARRIER’S GROSS

REPRESENTATITVES AND PERMITED

ASSIGNS. FOR PURPOSES OF THIS

SECTION “UNDERLYING WIRELESS

SERVICE CARRIER” INCLUDES ITS

AFFILIATES AND CONTRACTORS AND

THEIR RESPECTIVE OFFICERS,

NEGLIGENCE OR WILLFUL MISCONDUCT.

THIS INDEMNITY WILL SURVIVE THE

TERMINATION OF THE AGREEMENT.

DIRECTORS, EMPLOYEES, SUCCESSORS

AND ASSIGNS. END USER HAS NO

CONTRACTUAL RELATIONSHIP WITH

THE UNDERLYING WIRELESS SERVICE

CARRIER AND END USER IS NOT A THIRD

PARTY BENEFICIARY OF ANY

(iii) END USER HAS NO PROPERTY RIGHT

IN ANY NUMBER ASSIGNED TO THE

DEVICE.

(iv) END USER UNDERSTANDS THAT

FORD AND THE UNDERLYING CARRIER

CANNOT GUARANTY THE SECURITY OF

WIRELESS TRANSMISSIONS, AND WILL

NOT BE LIABLE FOR ANY LACK OF

SECURITY RELATING TO THE USE OF THE

SERVICES

AGREEMENT BETWEEN FORD AND

UNDERLYING CARRIER. END USER

UNDERSTANDS AND AGREES THAT THE

UNDERLYING CARRIER HAS NO LEGAL,

EQUITABLE, OR OTHER LIABILITY OF ANY

KIND TO END USER. IN ANY EVENT,

REGARDLESS OF THE FORM OF THE

ACTION, WHETHER FOR BREACH OF

CONTRACT, WARRANTY, NEGLIGENCE,

STRICT LIABILITY IN TORT OR

THE SERVICE IS FOR [END USER’S] USE

ONLY AND END USER MAY NOT RESELL

THESERVICETOANYOTHERPARTYEND

USER UNDERSTANDS THAT THE

UNDERLYING CARRIER DOES NOT

GUARANTEE ANY END USER

OTHERWISE, END USER'S EXCLUSIVE

REMEDY FOR CLAIMS ARISING IN ANY

WAY IN CONNECTION WITH THIS

AGREEMENT, FOR ANY CAUSE

UNINTERRUPTED SERVICE OR

COVERAGE. THE UNDERLYING CARRIER

DOES NOT WARRANT THAT END USERS

CAN OR WILL BE LOCATED USING THE

SERVICE. THE UNDERLYING CARRIER

WHATSOEVER, INCLUDING BUT NOT

LIMITED TO ANY FAILURE OR

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Appendices

MAKES NO WARRANTY, EXPRESS OR

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

do not remove any copyright notices that

appear and do not modify the Data in any

way. You agree not to otherwise reproduce,

copy, modify, decompile, disassemble or

reverse engineer any portion of this Data,

and may not transfer or distribute it in any

form, for any purpose, except to the extent

permitted by mandatory laws.

IMPLIED, OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE,

SUITABILITY, OR PERFORMANCE

REGARDING ANY SERVICES OR GOODS,

AND IN NO EVENT SHALL AT&T BE

LIABLE, WHETHER OR NOT DUE TO ITS

OWN NEGLIGENCE, FOR ANY: (A) ACT OR

OMISSION OF A THIRD PARTY; (B)

MISTAKES, OMISSIONS, INTERRUPTIONS,

ERRORS, FAILURES TO TRANSMIT,

DELAYS, OR DEFECTS IN THE SERVICE

PROVIDED BY OR THROUGH THE

UNDERLYING CARRIER; (C) DAMAGE OR

INJURY CAUSED BY SUSPENSION OR

TERMINATION BY THE UNDERLYING

CARRIER; OR (D) DAMAGE OR INJURY

CAUSED BY A FAILURE OR DELAY IN

CONNECTING A CALL TO ANY ENTITY,

INCLUDING 911 OR ANY OTHER

Restrictions

Except where you have been specifically

licensed to do so by NAV2 , and without

limiting the preceding paragraph, you may

not (a) use this Data with any products,

systems, or applications installed or

otherwise connected to or in

communication with vehicles, capable of

vehicle navigation, positioning, dispatch,

real time route guidance, fleet

EMERGENCY SERVICE. TO THE FULL

EXTENT ALLOWED BY LAW, THE END

USER RELEASES, INDEMNIFIES AND

HOLDS THE UNDERLYING CARRIER

HARMLESS FROM AND AGAINST ANY

AND ALL CLAIMS OF ANY PERSON OR

ENTITY FOR DAMAGES OF ANY NATURE

ARISING IN ANY WAY FROM OR RELATING

TO, DIRECTLY OR INDIRECTLY, SERVICES

PROVIDED BY THE UNDERLYING CARRIER

OR ANY PERSON’S USE THEREOF,

INCLUDING CLAIMS ARISING IN WHOLE

OR IN PART FROM THE ALLEGED

management or similar applications; or (b)

with or in communication with any

positioning devices or any mobile or

wireless-connected electronic or computer

devices, including without limitation

cellular phones, palmtop and handheld

computers, pagers, and personal digital

assistants or PDAs. You agree to cease

using this Data if you fail to comply with

these terms and conditions.

Limited Warranty

NAV2 warrants that (a) the Data will

perform substantially in accordance with

the accompanying written materials for a

period of ninety (90) days from the date

of receipt, and (b) any support services

provided by NAV2 shall be substantially as

described in applicable written materials

provided to you by NAV2, and NAV2’s

support engineers will make commercially

reasonable efforts to solve any problem

issues.

NEGLIGENCE OF THE UNDERLYING

CARRIER.

VII. China Territory

Personal Use Only

You agree to use this Data together with

[insert name of Client Application] for the

solely personal, non-commercial purposes

for which you were licensed, and not for

service bureau, time-sharing or other

similar purposes. Accordingly, but subject

to the restrictions set forth in the following

paragraphs, you may copy this Data only

as necessary for your personal use to (i)

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Appendices

rigCustomer Remedies

FOR ANY LOSS OF PROFIT, REVENUE,

CONTRACTS OR SAVINGS, OR ANY

OTHER DIRECT, INDIRECT, INCIDENTAL,

SPECIAL OR CONSEQUENTIAL DAMAGES

ARISING OUT OF YOUR USE OF OR

INABILITY TO USE THIS INFORMATION,

ANY DEFECT IN THE INFROMATION, OR

THE BREACH OF THESE TERMS OR

CONDITIONS, WHETHER IN AN ACTION

IN CONTRACT OR TORT OR BASED ON A

WARRANTY, EVEN IF NAV2 OR ITS

NAV2 and its suppliers’ entire liability and

your exclusive remedy shall be, at NAV2’s

sole discretion, either (a) return of the price

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

the Data that do not meet NAV2’s Limited

Warranty and that are returned to NAV2

with a copy of your receipt. This Limited

Warranty is void if failure of the Data has

resulted from accident, abuse, or

misapplication. Any replacement Data will

be warranted for the remainder of the

original warranty period or thirty (30) days,

whichever is longer. Neither these remedies

nor any product support services offered

by NAV2 are available without proof of

purchase from an authorized international

source.

LICENSORS HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. UNDER

NO CIRCUMSTANCES SHALL NAV2’s OR

ITS SUPPLIERS’ LIABILITY HEREUNDER

EXCEED THE PRICE PAID. Certain liability

exclusions may not be permitted under

applicable law, so to that extent the above

exclusion may not apply to you.

No Other Warranty:

Export Control

EXCEPT FOR THE LMITED WARRANTY

SET FORTH ABOVE AND TO THE EXTENT

PERMITTED BY APPLICABLE LAW, NAV2

AND ITS LICENSORS (INCLUDING THEIR

LICENSORS AND SUPPLIERS) DISCLAIM

ANY WARRANTIES, EXPRESS OR IMPLIED,

OF QUALITY, PERFORMANCE,

You agree not to export to anywhere any

part of the Data provided to you or any

direct product thereof except in

compliance with, and with all licenses and

approvals required under, applicable

export laws, rules and regulations.

MERCHANTABILITY, FITNESS FOR A

PARTICULARPURPOSE,OWNERSHIPOR

NON-INFRINGEMENT. Certain warranty

exclusions may not be permitted under

applicable law, so to that extent the above

exclusion may not apply to you.

IP Protection

The Data are owned by NAV2 or its

suppliers and are protected by applicable

copyright and other intellectual property

law and treaties. The Data are provided

solely on the basis of a license to use, not

sale.

Limited Liability:

TO THE EXTENT PERMITTED BY

Entire Agreement

APPLICABLE LAW, NAV2 AND ITS

These terms and conditions constitute the

entire agreement between NAV2(and its

licensors, including their licensors and

suppliers) and you pertaining to the subject

matter hereof, and supersedes in their

entirety any and all written or oral

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

agreements previously existing between

us with respect to such subject matter.

POSSESSION OF THE INFORMATION; OR

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Appendices

Governing Law.

("Gracenote Servers"), and to perform

other functions. You may use Gracenote

Data only by means of the intended End

User functions of this device. This device

may contain content belonging to

The above terms and conditions shall be

governed by the laws of the People’s

Republic of China, without giving effect to

(i) its conflict of laws provisions, or (ii) the

United Nations Convention for Contracts

for the International Sale of Goods, which

is explicitly excluded. Any dispute arising

from or in connection with the Data

provided to you hereunder shall be

submitted to the Shanghai International

Economic and Trade Arbitration

Gracenote's providers. If so, all of the

restrictions set forth herein with respect to

Gracenote Data shall also apply to such

content and such content providers shall

be entitled to all of the benefits and

protections set forth herein that are

available to Gracenote. You agree that you

will use the content from Gracenote

("Gracenote Content") , Gracenote Data,

the Gracenote Software, and Gracenote

Servers for your own personal,

Commission for arbitration.

Gracenote® Copyright

CD and music-related data from

non-commercial use only. You agree not

to assign, copy, transfer or transmit the

Gracenote Content, Gracenote Software

or any Gracenote Data (except in a Tag

associated with a music file) to any third

party. YOU AGREE NOT TO USE OR

EXPLOIT GRACENOTE CONTENT,

GRACENOTE DATA, THE GRACENOTE

SOFTWARE, OR GRACENOTE SERVERS,

EXCEPT AS EXPRESSLY PERMITTED

HEREIN.

You agree that your non-exclusive licenses

to use the Gracenote Content, Gracenote

Data, the Gracenote Software, and

Gracenote Servers will terminate if you

violate these restrictions. If your licenses

terminate, you agree to cease any and all

use of the Gracenote Content, Gracenote

Data, the Gracenote Software, and

Gracenote Servers.

2000-2007 Gracenote. Gracenote

Gracenote. This product and service may

practice one or more of the following U.S.

Patents 5,987,525; 6,061,680; 6,154,773;

6,161,132; 6,230,192; 6,230,207; 6.240,459;

6,330,593 and other patents issued or

pending. Some services supplied under

license from Open Globe, Inc. for U.S.

Patent 6,304,523.

Gracenote and CDDB are registered

trademarks of Gracenote. The Gracenote

logo and logotype, and the "Powered by

Gracenote™" logo are trademarks of

Gracenote.

Gracenote® End User License Agreement

(EULA)

Gracenote, respectively, reserve all rights

This device contains software from

Gracenote, Inc. of 2000 Powell Street

Emeryville, California 94608

("Gracenote").

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,

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

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Appendices

including any copyrighted material or

IMPLIED WARRANTIES OF

music file information. You agree that

Gracenote may enforce its respective

rights, collectively or separately, under this

agreement against you, directly in each

company's own name.

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

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.

Taiwan Territory

Note: In accordance with the management

approach of low-power radio wave

radiation motors:

Article 12: For approved and certified

low-power radiation motor models,

companies, firms or users must not alter

the frequency, increase the power or

change the characteristics and functions

of the original design without authorization.

THE GRACENOTE SOFTWARE, EACH ITEM

OF GRACENOTE DATA AND THE

GRACENOTE CONTENT ARE LICENSED

TO YOU "AS IS". NEITHER GRACENOTE

MAKES ANY REPRESENTATIONS OR

WARRANTIES, EXPRESS OR IMPLIED,

REGARDING THE ACCURACY OF ANY

GRACENOTE DATA FROM THE

GRACENOTE SERVERS OR GRACENOTE

CONTENT. GRACENOTE COLLECTIVELY

AND SEPARATELY RESERVE THE RIGHT

TO DELETE DATA AND/OR CONTENT

FROM THE COMPANIES' RESPECTIVE

SERVERS OR, IN THE CASE OF

Article 14: The usage of low-power

radio-frequency motors must not affect

aviation safety and interfere with legal

telecommunications. Should interference

be detected, immediately stop using the

device and only resume usage after

ensuring that there is no longer any

interference. For the legal

GRACENOTE, CHANGE DATA

CATEGORIES FOR ANY CAUSE THAT

GRACENOTE DEEMS SUFFICIENT. NO

WARRANTY IS MADE THAT EITHER

GRACENOTE CONTENT OR THE

telecommunication and wireless

GRACENOTE SOFTWARE OR

telecommunication of the telco, the

low-power radio frequency motor must be

able to tolerate legal limits of interference

from telecommunication, industrial,

scientific and radio wave equipment.

GRACENOTE SERVERS ARE ERROR-FREE

OR THAT THE FUNCTIONING OF THE

GRACENOTE SOFTWARE OR

GRACENOTE SERVERS WILL BE

UNINTERRUPTED. GRACENOTE IS NOT

OBLIGATED TO PROVIDE YOU WITH ANY

ENHANCED OR ADDITIONAL DATA TYPES

THAT GRACENOTE MAY CHOOSE TO

PROVIDE IN THE FUTURE AND IS FREE

TO DISCONTINUE ITS ONLINE SERVICES

AT ANY TIME. GRACENOTE DISCLAIM ALL

WARRANTIES EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO,

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SUNA TRAFFIC CHANNEL – TERMS

SUNA Products and/or Services are

AND CONDITIONS

intended as an aid to personal motoring

and travel planning, and do not provide

comprehensive or accurate information on

all occasions. On occasions, you may

experience additional delay as a result of

using SUNA Products and/or Services. You

acknowledge that it is not intended, or

suitable, for use in applications where time

of arrival or driving directions may impact

the safety of the public or yourself.

By activating, using and/or accessing the

SUNA Traffic Channel, SUNA Predictive or

Appendices -> End User License Agreement for your Ford Ecosport 2012-2022

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