Deutsch
EnglishAppendices for your Ford Focus 2018-2025
Appendices
Note: We test and certify your vehicle to
ELECTROMAGNETIC
COMPATIBILITY
meet electromagnetic compatibility
legislation. It is your responsibility to make
sure that any equipment an authorized
dealer installs on your vehicle complies with
applicable local legislation and other
requirements. Installation of some
aftermarket electronic devices could
degrade the performance of vehicle
functions, which use radio frequency signals
such as broadcast radio receiver, tire
pressure monitoring system, push button
start, Bluetooth® connectivity or satellite
navigation.
WARNING: Do not place objects
or mount equipment on or near the
airbag cover, on the side of the front or
rear seatbacks, or in areas that may
come into contact with a deploying
airbag. Failure to follow these
instructions may increase the risk of
personal injury in the event of a crash.
WARNING: Do not fasten antenna
cables to vehicle wiring, fuel pipes and
brake pipes.
Note: Any radio frequency transmitter
equipment in your vehicle (such as cellular
telephones and amateur radio transmitters)
must keep to the parameters in the
WARNING: Keep antenna and
power cables at least 10 cm (4 in) from
any electronic modules and airbags.
following illustrations and table. We do not
provide any other special provisions or
conditions for installations or use.
Car/SUV
E239120
550
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Van
E239122
Truck
E239121
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Frequency Band MaximumoutputpowerWatt(Peak
Antenna Positions
MHz
1-30
RMS)
50
1
50-54
50
2, 3
2, 3
2, 3
2, 3
2, 3
68-88
142-176
380-512
806-870
50
50
50
10
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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 60).
1.2.
1.3.
The 112-based eCall service is a public service of general interest and is
accessible free of charge.
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.
1.5.
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 60).
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 61).
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.
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–
–
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.
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.
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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.
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).
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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.
IF YOU DO NOT AGREE TO THIS END
USERLICENSEAGREEMENT("EULA")
END USER LICENSE
AGREEMENT
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).
VEHICLE SOFTWARE END USER
LICENSE AGREEMENT (EULA)
•
You (“You” or “Your” as applicable)
have acquired a vehicle having several
devices, including SYNC ® and various
control modules, ("DEVICES") that
include software licensed or owned by
Ford Motor Company and its affiliates
("FORD MOTOR COMPANY"). Those
software products of FORD MOTOR
COMPANY origin, as well as associated
media, printed materials, and "online"
or electronic documentation
GRANT OF SOFTWARE LICENSE: This
EULA grants you the following license:
•
You may use the SOFTWARE as
installed on the DEVICES and as
otherwise interfacing with systems
and/or services provide by or through
FORD MOTOR COMPANY or its third
party software and service providers.
Description of Other Rights and
("SOFTWARE") are protected by
international intellectual property laws
and treaties. The SOFTWARE is
Limitations
•
Speech Recognition: If the
licensed, not sold. All rights reserved.
SOFTWARE includes speech
•
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.
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
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COMPANY nor its suppliers shall be
•
SOFTWARE Transfer: You may
liable for any damages arising out of
errors in the speech recognition
process. It is your responsibility to
monitor any speech recognition
functions included in the system.
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.
•
LimitationsonReverseEngineering,
Decompilation and Disassembly:
You may not reverse engineer,
decompile, translate, disassemble or
attempt to discover any source code
or underlying ideas or algorithms of the
SOFTWARE nor permit others to
reverse engineer, decompile or
•
•
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.
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.
Internet-Based Services
Components: The SOFTWARE may
contain components that enable and
facilitate the use of certain
•
Limitations on Distributing,
Internet-based services. You
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
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.
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.
•
Additional Software/Services: The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or
its designated agent to provide or make
available to you SOFTWARE updates,
supplements, add-on components, or
Internet-based services components
of the SOFTWARE after the date you
obtain your initial copy of the
•
Single EULA: The end user
documentation for the DEVICES and
related systems and services may
contain multiple EULAs, such as
multiple translations and/or multiple
media versions (e.g., in the user
documentation and in the software).
Even if you receive multiple EULAs, you
are licensed to use only one (1) copy of
the SOFTWARE.
SOFTWARE ("Supplemental
Components".) SOFTWARE updates
may cause you to incur additional
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charges from your wireless service
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
provider. If FORD MOTOR COMPANY
or third party software and services
suppliers provide or make available to
you Supplemental Components and
no other EULA terms are provided
along with the Supplemental
Components, then the terms of this
EULA shall apply. FORD MOTOR
COMPANY, its affiliates and/or its
designated agent reserve the right to
discontinue without liability any
Internet-based services provided to
you or made available to you through
the use of the SOFTWARE.
Links to Third Party Sites: The
SOFTWARE may provide you with the
ability to link to third party sites. The
third party sites are not under the
control of FORD MOTOR COMPANY,
its affiliates and/or its designated
agent. Neither FORD MOTOR
SOFTWARE, and use it in accordance with
this EULA, including any additional EULA
terms accompanying the upgrade
SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS:
All title and intellectual property rights in
and to the SOFTWARE (including but not
limited to any images, photographs,
animations, video, audio, music, text and
"applets" incorporated into the
•
SOFTWARE), the accompanying printed
materials, and any copies of the
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.
•
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EXPORT RESTRICTIONS: You
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.
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
SYNC® Automotive Important Safety
Information Read and follow
instructions:
destination restrictions issued by U.S. and
other governments.
TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, its affiliates, and third
party software and service providers.
•
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.
The Bluetooth® word mark and logos are
registered trademarks owned by
Bluetooth SIG, Inc. and any use of such
marks by Ford Motor Company is under
license. Other trademarks and trade names
are those of their respective owners.
General Operation
•
•
•
Voice Command Control: Certain
functions within the SYNC® system
may be accomplished using voice
commands. Using voice commands
while driving helps you to operate the
system without removing your hands
from the wheel or eyes from the road.
Prolonged Views of Screen: Do not
access any function requiring a
prolonged view of the screen while you
are driving. Pull over in a safe and legal
manner before attempting to access a
function of the system requiring
prolonged attention.
Volume Setting: Do not raise the
volume excessively. Keep the volume
at a level where you can still hear
outside traffic and emergency signals
while driving. Driving while unable to
hear these sounds could cause an
accident.
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
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•
•
Navigation Features: Any navigation
•
Potential Map Inaccuracy: Maps
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.
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.
Distraction Hazard: Any navigation
features may require manual
(non-verbal) setup. Attempting to
perform such set-up or insert data
while driving can distract your attention
and could cause an accident or other
serious injury. Stop the vehicle in a safe
and legal manner before attempting
these operations.
•
Let Your Judgment Prevail: Any
navigation features are provided only
as an aid. Make your driving decisions
based on your observations of local
conditions and existing traffic
regulations. Any such feature is not a
substitute for your personal judgment.
Any route suggestions made by this
system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.
•
Route Safety: Do not follow the route
suggestions if doing so would result in
an unsafe or illegal maneuver, if you
would be placed in an unsafe situation,
or if you would be directed into an area
that you consider unsafe. The driver is
ultimately responsible for the safe
operation of the vehicle and therefore,
must evaluate whether it is safe to
follow the suggested directions.
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Your Responsibilities and Assumptions of
Risk
•
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE DEVICES AND
SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO
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
SATISFACTORY QUALITY,
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
PERFORMANCE, COMPATIBILITY,
ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE
AND ANY THIRD PARTY SOFTWARE OR
THIRD-PARTY SERVICES ARE PROVIDED
"AS IS" AND “AS AVAILABLE”, WITH ALL
FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND FORD MOTOR COMPANY
HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO
THE SOFTWARE, THIRD PARTY
SOFTWARE 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
SOFTWARE, AND THIRD-PARTY
SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR AN
ARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND
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
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
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.
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
•
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.
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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CREATE A WARRANTY. SHOULD THE
Binding Arbitration and Class Action
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
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.
JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES
OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER,
SO THE ABOVE DISCLAIMER MAY NOT
FULLY APPLY TO YOU. THE SOLE
WARRANTY PROVIDED BY FORD MOTOR
COMPANY SHALL BE FOUND IN THE
WARRANTY INFORMATION INCLUDING
WITH YOUR OWNER GUIDE. TO THE
EXTENT THAT THERE IS ANY CONFLICT
BETWEEN THE TERMS OF THIS SECTION
AND THE WARRANTY BOOKLET, THE
WARRANTYBOOKLETSHALLCONTROL.
Applicable Law, Venue, Jurisdiction
•
The laws of the State of Michigan
govern this EULA and Your use of the
SOFTWARE. Your use of the
SOFTWARE may also be subject to
other local, state, national, or
international laws. Any litigation arising
out of or related to this EULA shall be
brought and maintained exclusively in
a court of the State of Michigan
located in Wayne County or in the
United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal
jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.
(c) Small claims court. You may also
litigate any dispute in small claims court
in your county of residence or FORD
MOTOR COMPANY’S principal place of
business, if the dispute meets all
requirements to be heard in the small
claims court. You may litigate in small
claims court whether or not You
negotiated informally first.
(d) Binding arbitration. If You and FORD
MOTOR COMPANY, do not resolve any
dispute by informal negotiation or in small
claims court, any other effort to resolve
the dispute will be conducted exclusively
by binding arbitration. You are giving up
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the right to litigate (or participate in as a
may award the same damages to You
individually as a court could. The arbitrator
may award declaratory or injunctive relief
only to You individually, and only to the
extent required to satisfy Your individual
claim.
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
(g) Arbitration fees and incentives.
•
I. Disputes involving $75,000 or less.
arbitrator’s award.
FORD MOTOR COMPANY will
(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
promptly reimburse your filing fees and
pay the AAA’s and arbitrator’s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement
offer made before the arbitrator was
appointed (“last written offer”), your
dispute goes all the way to an
arbitrator’s decision (called an
“award”), and the arbitrator awards
you more than the last written offer,
FORD MOTOR COMPANY will give you
three incentives: (1) pay the greater of
the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and
(3) reimburse any expenses (including
expert witness fees and costs) that
your attorney reasonably accrues for
investigating, preparing, and pursuing
your claim in arbitration. The arbitrator
will determine the amounts.
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
•
•
ii. Disputes involving more than
$75,000. The AAA rules will govern
payment of filing fees and the AAA’s
and arbitrator’s fees and expenses.
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
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
COMPANY commences, it will pay all
563
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1. Safe and Lawful Use
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.
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:
(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.
(a) observe all traffic laws and otherwise
drive safely;
(b) use your own personal judgment while
driving. If you feel that a route suggested
by the TeleNav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions;
(c) do not input destinations, or otherwise
manipulate the TeleNav Software, unless
your vehicle is stationary and parked;
(d) do not use the TeleNav Software for
any illegal, unauthorized, unintended,
unsafe, hazardous, or unlawful purposes,
or in any manner inconsistent with this
Agreement;
(e) arrange all GPS and wireless devices
and cables necessary for use of the
TeleNav Software 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).
(I) Severability. If the class action waiver
(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those
parts will be severed and proceed in a court
of law, with the remaining parts proceeding
in arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be
severed with the remainder of Section e
remaining in full force and effect.
Telenav Software End User License
Agreement
Please read these terms and conditions
carefully before you use the TeleNav
Software. Your use of the TeleNav
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 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
to review the then current version of this
Agreement and of the privacy policy.
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Appendices
2. Account Information
distribute, sublicense or otherwise
transfer the TeleNav Software to
others, except as part of your
permanent transfer of the TeleNav
Software; or (e) use the TeleNav
Software in any manner that
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.
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.
3. Software License
•
Subject to your compliance with the
terms of this Agreement, TeleNav
hereby grants to you a personal,
non-exclusive, non-transferable license
(except as expressly permitted below
in connection with your permanent
transfer of the TeleNav Software
license), without the right to
sublicense, to use the TeleNav
Software (in object code form only) in
order to access and use the TeleNav
Software. This license shall terminate
upon any termination or expiration of
this Agreement. You agree that you will
use the TeleNav Software only for your
personal business or leisure purposes,
and not to provide commercial
4. Disclaimers
•
To the fullest extent permissible
pursuant to applicable law, in no event
will TeleNav, its licensors and suppliers,
or agents or employees of any of the
foregoing, be liable for any decision
made or action taken by you or anyone
else in reliance on the information
provided by the TeleNav Software.
TeleNav also does not warrant the
accuracy of the map or other data used
for the TeleNav Software. Such data
may not always reflect reality due to,
among other things, road closures,
construction, weather, new roads and
other changing conditions. You are
responsible for the entire risk arising
out of your use of the TeleNav
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
Software, or alter, any of TeleNav's or
its suppliers' trademarks, trade names,
logos, patent or copyright notices, or
other notices or markings; (d)
Software. For example but without
limitation, you agree not to rely on the
TeleNav Software for critical
navigation in areas where the
well-being or survival of you or others
565
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Appendices
is dependent on the accuracy of
REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES
REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN
CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE), THE
ENTIRE LIABILITY OF TELENAV AND
OF ALL OF TELENAV'S SUPPLIERS
SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE
TELENAV SOFTWARE. SOME STATES
AND/OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
navigation, as the maps or functionality
of the TeleNav Software are not
intended to support such high risk
applications, especially in more remote
geographical areas.
•
TELENAV EXPRESSLY DISCLAIMS
AND EXCLUDES ALL WARRANTIES IN
CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ALL
WARRANTIES WHICH MAY ARISE
FROM COURSE OF DEALING, CUSTOM
OR TRADE AND INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED
LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS WITH
RESPECT TO THE TELENAV
6. Arbitration and Governing Law
•
You agree that any dispute, claim or
controversy arising out of or relating to
this Agreement or the TeleNav
SOFTWARE.
•
Certain jurisdictions do not permit the
disclaimer of certain warranties, so this
limitation may not apply to you.
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
5. Limitation of Liability
•
TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
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
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
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
TELENAV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY
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Appendices
to the exclusive jurisdiction of the
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.
courts of the County of Santa Clara,
California. The United Nations
Convention on Contracts for the
International Sale of Goods shall not
apply.
7. Assignment
8.3
•
You may not resell, assign, or transfer
this Agreement or any of your rights or
obligations, except in totality, in
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.
connection with your permanent
transfer of the TeleNav Software, and
expressly conditioned upon the new
user of the TeleNav Software agreeing
to be bound by the terms and
conditions of this Agreement. Any such
sale, assignment or transfer that is not
expressly permitted under this
paragraph will result in immediate
termination of this Agreement, without
liability to TeleNav, in which case you
and all other parties shall immediately
cease all use of the TeleNav Software.
Notwithstanding the foregoing,
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.
TeleNav may assign this Agreement to
any other party at any time without
notice, provided the assignee remains
bound by this Agreement.
8. Miscellaneous
8.1
This Agreement constitutes the entire
agreement between TeleNav and you with
respect to the subject matter hereof.
8.5
If any provision herein is held
unenforceable, then such provision will be
modified to reflect the intention of the
parties, and the remaining provisions of
this Agreement will remain in full force and
effect.
8.2
Except for the limited licenses expressly
granted in this Agreement, TeleNav retains
all right, title and interest in and to the
TeleNav Software, including without
limitation all related intellectual property
rights. No licenses or other rights which are
not expressly granted in this Agreement
are intended to, or shall be, granted or
567
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8.6
HERE holds a non-exclusive license from
the United States Postal Service® to
publish and sell ZIP+4® information.
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".
©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.
9. Other Vendors Terms and Conditions
•
9.2 End User Terms Required by NAV2
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
(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
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::
conditions which are agreed to by you, on
the one hand, and NAV2 (Shanghai) Co.,
Ltd (“NAV2”) and its licensors (including
their licensors and suppliers) on the other
hand. 20xx. All rights reserved
Terms and Conditions
9.1 End User Terms Required by HERE
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
North America, LLC
The data (“Data”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and Telenav (“Telenav”) and
its licensors (including their licensors and
suppliers) on the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada.
mandatory laws.
568
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Restrictions. Except where you have been
PARTICULAR PURPOSE OR
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
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,
management or similar applications; or (b)
with or in communication with any
positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs.
Warning. The Data may contain
inaccurate or incomplete information due
to the passage of time, changing
circumstances, sources used and the
nature of collecting comprehensive
geographic data, any of which may lead to
incorrect results.
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
No Warranty. This Data is provided to you
“as is,” and you agree to use it at your own
risk. Telenav and its licensors (and their
licensors and suppliers) make no
guarantees, representations or warranties
of any kind, express or implied, arising by
law or otherwise, including but not limited
to, content, quality, accuracy,
damages limitations, so to that extent the
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.
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
Disclaimer of Warranty: TELENAV AND
ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
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
MERCHANTABILITY, FITNESS FOR A
Commerce. To the extent that any such
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Appendices
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.
NOTICE OF USE
CONTRACTOR (MANUFACTURER/
SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425
West Randolph Street, Chicago, Illinois
60606
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
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.
© 1987 – 2014 HERE – All rights reserved.
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
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.
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:
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
“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.”
“commercial item” as that term is defined
at 48 C.F.R. (“FAR”) 2.101, is licensed in
accordance with these End-User Terms,
and each copy of Data delivered or
otherwise furnished shall be marked and
embedded as appropriate with the
following “Notice of Use,” and shall be
treated in accordance with such Notice:
570
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2. Copyright Notice: In connection with
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”):
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, ©
1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions:
Queen's Printer for Ontario, © Canada
Post Corporation, GeoBase®, © The
Department of Natural Resources
Canada. All rights reserved.”
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.
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,
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.
including Her Majesty, Canada Post
and NRCan:
The Data may include or reflect
data of licensors, including Her
Majesty the Queen in the Right of
Canada (“Her Majesty”), Canada
Post Corporation (“Canada Post”)
and the Department of Natural
Resources Canada (“NRCan”). Such
data is licensed on an “as is” basis.
The licensors, including Her Majesty,
Canada Post and NRCan, make no
guarantees, representations or
warranties respecting such data,
571
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either express or implied, arising by
II. Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional
de Estadística y Geografía (“INEGI”):
law or otherwise, including but not
limited to, effectiveness, complete-
ness, accuracy or fitness for a
particular purpose. The licensors,
including Her Majesty, Canada Post
and NRCan, shall not be liable in
respect of any claim, demand or
action, irrespective of the nature of
the cause of the claim, demand or
action alleging any loss, injury or
damages, direct or indirect, which
may result from the use or 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.
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)”
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:
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.
Territory Notice
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 ®”
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.
Guade-
loupe,
French
Guiana
and
Marti-
nique
“Fuente: INEGI (Instituto
Nacional de Estadística y
Geografía)”
Mexico
IV. Middle East Territory
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Appendices
A. Third Party Notices. Any and all copies
V. Europe Territory
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. 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.
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.
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.”
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.
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
573
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Appendices
is conditioned on Client’s obtaining prior
Austria
“© Bundesamt für Eich-
und Vermessungswesen”
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,
Croatia
Cyprus,
Estonia,
Latvia,
Lithuania,
Moldova,
Poland,
Slovenia
and/or
Ukraine
“© EuroGeographics”
France
“source: © IGN 2009 – BD
TOPO ®”
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,
Germany
“Die Grundlagendaten
wurden mit Genehmigung
der zuständigen Behörden
entnommen”
Great Britain “Contains Ordnance
Survey data © Crown
copyright and database
right 2010 Contains Royal
Mail data © Royal Mail
copyright and database
right 2010”
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.
Greece
Hungary
Italy
“Copyright Geomatics
Ltd.”
“Copyright © 2003; Top-
Map Ltd.”
“La Banca Dati Italiana è
stata prodotta usando
quale riferimento anche
cartografia numerica ed
al tratto prodotta e fornita
dalla Regione Toscana.”
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:
Norway
“Copyright © 2000;
Norwegian Mapping
Authority”
Portugal
“Source: IgeoE – Portugal”
Country(ies) Notice
574
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Appendices
Spain
“Información geográfica
Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
propiedad del CNIG”
Sweden
“Based upon electronic
data © National Land
Survey Sweden.”
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
codes which is © 20XX Telstra Corpora-
tion Limited and its licensors.”
Switzerland “Topografische
Grundlage: © Bundesamt
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
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)
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.
respective countries.
VI. Australia Territory
A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used
as described below corresponding to
the Territory (or portion thereof)
included in such copy:
Restrictions
Copyright. Based on data provided
under license from PSMA Australia
Limited (www.psma.com.au).
Except where you have been specifically
licensed to do so by NAV2 , and without
limiting the preceding paragraph, you may
not (a) use this Data with any products,
systems, or applications installed or
otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
575
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Appendices
No Other Warranty:
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.
EXCEPT FOR THE LMITED WARRANTY
SET FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
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.
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.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR
rigCustomer Remedies
NAV2 and its suppliers’ entire liability and
your exclusive remedy shall be, at NAV2’s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’s Limited
Warranty and that are returned to NAV2
with a copy of your receipt. This Limited
Warranty is void if failure of the Data has
resulted from accident, abuse, or
POSSESSION OF THE INFORMATION; OR
FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFROMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF NAV2 OR ITS
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.
576
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Appendices
Export Control
2000-2007 Gracenote. Gracenote
Software, copyright © 2000-2007
Gracenote. This product and service may
practice one or more of the following U.S.
Patents 5,987,525; 6,061,680; 6,154,773;
6,161,132; 6,230,192; 6,230,207; 6.240,459;
6,330,593 and other patents issued or
pending. Some services supplied under
license from Open Globe, Inc. for U.S.
Patent 6,304,523.
You agree not to export to anywhere any
part of the Data provided to you or any
direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable
export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its
suppliers and are protected by applicable
copyright and other intellectual property
law and treaties. The Data are provided
solely on the basis of a license to use, not
sale.
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
Entire Agreement
(EULA)
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
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608
("Gracenote").
The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers
("Gracenote Servers"), and to perform
other functions. You may use Gracenote
Data only by means of the intended End
User functions of this device. This device
may contain content belonging to
agreements previously existing between
us with respect to such subject matter.
Governing Law.
The above terms and conditions shall be
governed by the laws of the People’s
Republic of China, without giving effect to
(i) its conflict of laws provisions, or (ii) the
United Nations Convention for Contracts
for the International Sale of Goods, which
is explicitly excluded. Any dispute arising
from or in connection with the Data
provided to you hereunder shall be
submitted to the Shanghai International
Economic and Trade Arbitration
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
Gracenote, Inc., copyright©
non-commercial use only. You agree not
to assign, copy, transfer or transmit the
Gracenote Content, Gracenote Software
577
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Appendices
or any Gracenote Data (except in a Tag
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
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.
GRACENOTE, CHANGE DATA
CATEGORIES FOR ANY CAUSE THAT
GRACENOTE DEEMS SUFFICIENT. NO
WARRANTY IS MADE THAT EITHER
GRACENOTE CONTENT OR THE
You agree that your non-exclusive licenses
to use the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers will terminate if you
violate these restrictions. If your licenses
terminate, you agree to cease any and all
use of the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers.
GRACENOTE SOFTWARE OR
GRACENOTE SERVERS ARE ERROR-FREE
OR THAT THE FUNCTIONING OF THE
GRACENOTE SOFTWARE OR
GRACENOTE SERVERS WILL BE
UNINTERRUPTED. GRACENOTE IS NOT
OBLIGATED TO PROVIDE YOU WITH ANY
ENHANCED OR ADDITIONAL DATA TYPES
THAT GRACENOTE MAY CHOOSE TO
PROVIDE IN THE FUTURE AND IS FREE
TO DISCONTINUE ITS ONLINE SERVICES
AT ANY TIME. GRACENOTE DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF
Gracenote, respectively, reserve all rights
in Gracenote Data, the Gracenote
Software, and the Gracenote Servers and
Gracenote Content, including all ownership
rights. Under no circumstances will either
Gracenote become liable for any payment
to you for any information that you provide,
including any copyrighted material or
music file information. You agree that
Gracenote may enforce its respective
rights, collectively or separately, under this
agreement against you, directly in each
company's own name.
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. NEITHER
GRACENOTE WARRANTS THE RESULTS
THAT WILL BE OBTAINED BY YOUR USE
OF THE GRACENOTE SOFTWARE OR ANY
GRACENOTE SERVER. IN NO CASE WILL
GRACENOTE BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS
OR LOST REVENUES FOR ANY REASON
WHATSOEVER. © Gracenote 2007.
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
Gracenote Privacy Policy.
Radio Frequency Statement
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of the
FCC Rules and with RSS-210 of Industry
Canada. Operation is subject to the
following two conditions:
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
578
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Appendices
(1) This device may not cause harmful
SUNA TRAFFIC CHANNEL – TERMS
interference, and
AND CONDITIONS
(2) this device must accept any
interference received, including
interference that may cause undesired
operation.
By activating, using and/or accessing the
SUNA Traffic Channel, SUNA Predictive or
other content or material provided by
Intelematics (together, SUNA Products
and/or Services), you must accept
certain terms and conditions. The following
is a brief summary of the terms and
conditions that apply to you. To view the
full terms and conditions relevant to your
use of the SUNA Products and/or Services,
please consult:
WARNING: Changes or
modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
Website
specifications were met.
ditions/
The antenna used for this transmitter must
not be co-located or operating in
conjunction with any other antenna or
transmitter.
1. Acceptance
By using SUNA Products and/or Services,
you will be deemed to have accepted and
agreed to be bound by the terms and
conditions fully detailed at:
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.
Website
ditions/
2. Intellectual Property
SUNA Products and/or Services are for
your personal use. You may not record, or
retransmit the content, nor use the content
in association with any other traffic
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
information or route guidance service or
device not approved by Intelematics. You
obtain no right of ownership in any
Intellectual Property Rights (including
copyright) in the data that is used to
provide SUNA Products and/or Services.
telecommunication and wireless
telecommunication of the telco, the
low-power radio frequency motor must be
able to tolerate legal limits of interference
from telecommunication, industrial,
scientific and radio wave equipment.
3. Appropriate Use
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Appendices
SUNA Products and/or Services are
Services even if Intelematics or a Supplier
has been advised of the possibility of such
damages. You also acknowledge that the
neither Intelematics nor any Supplier
guarantees nor make any warranties that
relate to the availability, accuracy or
completeness of SUNA Products and/or
Services, and to the extent which it is
lawful to do so, both Intelematics and each
Supplier excludes any warranties which
might otherwise be implied by any State
or Federal legislation in relation to SUNA
Products and/or Services.
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.
4. Use of SUNA Products and Services
while driving
7. Please Note
You, and other authorised drivers of the
vehicle in which SUNA Products and/or
Services are available or installed and
active, remain at all times responsible for
observing all relevant laws and codes of
safe driving. In particular, you agree to only
actively operate SUNA Products and/or
Services when the Vehicle is at a complete
stop and it is safe to do so.
Great care has been taken in preparing this
manual. Constant product development
may mean that some information is not
entirely up-to-date. The information in this
document is subject to change without
notice.
DECLARATION OF
CONFORMITY
5. Service Continuity and Reception of
the SUNA Traffic Channel
We will use reasonable endeavours to
provide the SUNA Traffic Channel 24 hours
a day, 365 days a year. The SUNA Traffic
Channel may occasionally be unavailable
for technical reasons or for planned
maintenance. We will try to perform
maintenance at times when congestion is
light. We reserve the right to withdraw
SUNA Products and/or Services at any
time.
Your vehicle could have components that
transmit and receive radio waves and are
therefore subject to government
regulation.
These components must accept any
interference received, including
interference that could cause undesired
operation. For certification labels and
declarations of conformity, visit
Also, we cannot assure the uninterrupted
reception of the SUNA Traffic Channel
RDS-TMC signal at any particular location.
6. Limitation of Liability
Neither Intelematics (nor its suppliers or
the manufacturer of your device (the
“Suppliers”)) shall be liable to you or to
any third party for any damages either
direct, indirect, incidental, consequential
or otherwise arising out of the use of or
inability to use SUNA Products and/or
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