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H. Survival. You agree that the limitations
of liability and indemnities in this
AGREEMENT will survive even after the
AGREEMENT has ended. These limitations
of liability apply not only to you, but to
anyone using the SOFTWARE or SERVICES
via your VEHICLE, to anyone making a claim
on your behalf, and to any claims made by
your family, employees, customers, or
others arising out of or relating to your
VEHICLE, the SOFTWARE, or SERVICES.
I. Availability/Interruption. The
SOFTWARE and certain SERVICES are made
available through your VEHICLE’s
compatible multimedia system when the
VEHICLE is turned on. Certain SERVICES
may be available only through your
compatible mobile device when it is within
the operating range of the VEHICLE and a
wireless carrier. The availability of the
SOFTWARE and SERVICES may be subject to
transmission limitation or interruption,
including limitation or but not limited to
technical obsolesce or sunsetting of the
hardware, software or firmware, inside of
or external to the Vehicle, required for data
transmission or receipt. HONDA does not
guarantee that the SOFTWARE, SERVICES, or any portion thereof will be available at all
times or in all areas. You acknowledge and
agree that HONDA is not responsible for
performance degradation, interruption or
delays. You acknowledge that HONDA shall
not be liable to you if the SOFTWARE or
SERVICES in a given location are not
available. If the SOFTWARE or SERVICES are
not available within your intended location,
you agree that your sole remedy shall be to
cease using the SOFTWARE and SERVICES.
J. PRODUCT SUPPORT:
Product support
for the SOFTWARE is provided by HONDA.
For product support, please refer to HONDA
instructions provided in the
DOCUMENTATION. Should you have any
questions concerning this AGREEMENT, or
if you desire to contact HONDA for any
other reason, please refer to the HONDA
contact information provided in the
DOCUMENTATION.
K. Termination and Transfer.
1. Termination. This AGREEMENT is
effective until terminated by you or US. WE
may terminate this AGREEMENT for any or
no reason, and with or without notice to you. Your rights under this AGREEMENT will
terminate automatically without notice
from US if you fail to comply with any term
of this AGREEMENT. Upon termination of
this AGREEMENT, you shall cease all use of
the SOFTWARE and SERVICES.
2. Transfer:
You may permanently transfer
your rights under this AGREEMENT only as
part of a sale or transfer of the VEHICLE,
provided you retain no copies, you transfer
all of the SOFTWARE and HONDA SERVICES
(including all component parts, the media
and printed materials, and any upgrades),
and the recipient agrees to the terms of this
AGREEMENT. You agree to notify HONDA
upon the sale or transfer of the VEHICLE. To
contact HONDA, please refer to the HONDA
contact information provided in the
DOCUMENTATION.
L. Changes to the SOFTWARE or
SERVICES. WE may change, modify, or
update the SOFTWARE or SERVICES from
time to time. Unless explicitly stated
otherwise, any new features or services that
augment or enhance the SOFTWARE or
SERVICES in the future shall respectively be
considered part of the SOFTWARE or
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SERVICES and subject to this AGREEMENT.
WE reserve the right at any time and from
time to time to interrupt, restrict, modify,
suspend, discontinue, temporarily or
permanently, the SOFTWARE or SERVICES
(or any portion thereof), with or without
notice to you, and you agree that HONDA
shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the SOFTWARE or
SERVICES.
M. ARBITRATION:
PLEASE READ THIS ARBITRATION
PROVISION CAREFULLY TO UNDERSTAND
YOUR RIGHTS. YOU AGREE THAT ANY
CLAIM THAT YOU MAY HAVE IN THE
FUTURE MUST BE RESOLVED THROUGH
BINDING ARBITRATION. YOU WAIVE THE
RIGHT TO HAVE YOUR DISPUTE HEARD IN
COURT AND WAIVE THE RIGHT TO BRING
CLASS CLAIMS. YOU UNDERSTAND THAT
DISCOVERY AND APPEAL RIGHTS ARE
MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim,
dispute or controversy without filing a
lawsuit. By agreeing to arbitrate, the right
to go to court is waiv ed and instead claims, disputes or controversies are submitted to
binding arbitration. This provision sets forth
the terms and conditions of our agreement.
YOU and HONDA agree and acknowledge
that this Agreement affects interstate
commerce and the Federal Arbitration Act
(“FAA”) applies. By
using the Software,
Vehicle, or Services, YOU elect to have
disputes resolved by arbitration. YOU,
HONDA or any involved third party may
pursue a Claim. “Claim” means any dispute
between YOU, HONDA, or any involved
third party relating to your use of the
Software, the Vehicle, or the Services, this
Agreement, or our re lationship, including
any representations, omissions or
warranties. “Claim” does not include
personal injury or wrongful death claims.
YOU or HONDA may seek remedies in small
claims court or provisional judicial remedies
without arbitrating. In addition,
notwithstanding anything herein to the
contrary, YOU or HONDA may seek
equitable relief in a court of competent
jurisdiction.
YOU or HONDA may select arbitration with
American Arbitration Association, JAMS or
National Arbitration and Mediation. Contact these sponsors for their rules. The
hearing will be in the federal district where
YOU reside. If agreed, it may be by
telephone or written submissions. Filing and
arbitrator fees to be paid per the sponsor
rules. You may contact
the sponsor for a fee
waiver. If no fee waivers, HONDA will pay
filing and arbitrator fees up to $5,000,
unless law requires more. Each party is
responsible for other fees. Arbitrator may
award costs or fees to prevailing party, if
permitted by law. HONDA will not seek
fees, unless the claims are frivolous.
Arbitrator shall be an attorney or current or
retired judge familiar with automotive or
consumer software. The arbitrator shall
follow substantive law, statute of limitations
and decide all issues relating to the
interpretation, construction, enforceability
and applicability of this provision. The
arbitrator may order relief permitted by law.
This provision is governed and enforceable
by the FAA. An award shall include a
written opinion and be final, subject to
appeal by the FAA.
This provision survives termination of this
Agreement or relationship, bankruptcy,
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assignment or transfer. If part of this
provision is unenforceable, the remainder
remains in effect. If unenforceability allows
arbitration as a class action, then this
provision is entirely unenforceable. YOU
may opt out within 30 days of your initial
use of the Software by sending a signed,
written notice to HONDA at Honda
Financial Services, P.O. Box 165007, Irving,
TX 75016. HONDA reserves the right to
make changes to this provision after
providing written notice and an opportunity
to opt out.
N. Miscellaneous: You may not assign this
AGREEMENT without HONDA’s prior
written consent. This AGREEMENT and any
additional HONDA TERMS and PROVIDER
TERMS represents the entire agreement
between you and US. HONDA may amend
the terms of this AG REEMENT by providing
you with notices of such updated terms. If
you do not consent to be bound by the
updated terms, your sole remedy will be to
cease using the SOFTWARE and SERVICES.
If any part of this AGREEMENT is found
invalid, void, or unenforceable, the balance
of the AGREEMENT will remain valid and
enforceable according to its terms. To the fullest extent permitted by law, and except
as explicitly provided otherwise, this
AGREEMENT and any disputes arising out of
or relating to it will be governed by the laws
of the State of California, except that
California laws concerning choice of law or
conflicts shall not apply if they would cause
the substantive law of another jurisdiction
to apply. Notwithsta
nding the foregoing,
Section M shall be governed by the Federal
Arbitration Act and the laws of the State of
California, as applicable, as set forth
therein. The failure to enforce any term of
this AGREEMENT on on e occasion shall not
prevent enforcement on any other occasion
or the enforcement of any other term.
Headings and captions shall not be
considered included for purposes of
interpretation or application hereof, but are
for convenience only.User Agreements
In using this HDD “Satellite Linked
Navigation System” (the “HDD”), which
includes HONDA MOTOR CO., LTD.
software, ALPINE ELECTRONICS, INC.
software, and NAVTEQ database contents
(hereinafter referred to as “Licensors”), you
are bound by the terms and conditions set
forth below. By using your copy of the HDD,
you have expressed your Agreement to the
terms and conditions of this Agreement.
You should, therefore, make sure that you
read and understa nd the following
provisions. If for any reason you do not wish
to be bound by the terms of this
Agreement, please return the HDD to your
dealer.
• The HDD may not be copied, duplicated,
or otherwise modified, in whole or in
part, without the express written
permission of the Licensors.
• The HDD may not be transferred or sublicensed to any third party for profit,
rent or loan, or licensed for reuse in any
manner.
■Navigation System User
Agreement
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• The HDD may not be decompiled, reverse
engineered or otherw ise disassembled, in
whole or in part.
• The HDD may not be used in a network or by any other manner of simultaneous
use in multiple systems.
• The HDD is intended solely for personal use (or internal use wh ere the end-user is
a business) by the consumer. The HDD is
not to be used for commercial purposes.
• The Licensors do not guarantee to the client that the functi ons included in the
HDD meet the specific objectives of the
user.
• Licensor shall not be responsible for any
damages caused by the use of the HDD
to the actual user or to any third party.
• The warranty on the HDD shall not
extend to an exchange or refund due to
misspelling, omission of letters, or any
other cosmetic discrepancy in the
contents of the HDD.
• The right to use the HDD shall expire either when the user destroys the HDD or
software, or when any of the terms of
this Agreement are violated and the
Licensors exercise the option to revoke
the license to use the HDD or software. • The terms and conditions hereof apply to
all subsequent users and owners as well
as to the original purchaser.
• The logos of oil companies, hotels, convenience stores, and other businesses
are displayed for your information and
convenience, and in no way imply any
sponsorship, approval or endorsement of
these companies, or their products. The
logos are trademarks of their respective
owners.
• The marks of companies displayed by this
product to indicate business locations are
the marks of their respective owners.
• The use of such marks in this product
does not imply any sponsorship,
approval, or endorsement by such
companies of this product.
The user shall indemn ify and save harmless
the Licensors, and thei r officers, employees
and agents, from and against any claim,
demand or action, irrespective of the nature
of the cause of the clai m, demand or action,
alleging loss, costs, expense, damages or
injuries (including injuries resulting in death)
arising out of the use or possession of the
HDD or software.
Use, duplication, or di sclosure of this HDD
by or on behalf of the United States government is subject to “Restricted
Rights” as set forth at FAR 52.227-14, -19
or DFARS 252.227-7013, as applicable.
Manufacturers are the Licensors, including
HONDA MOTOR CO., LTD., 2-1-1 Minami
Aoyama Minato-Ku Tokyo 107-8556
JAPAN., Alpine Electronics, Inc., 20-1
Yoshima Kogyodanchi,
Iwaki, Fukushima
970-1192 JAPAN., NAVTEQ Corporation,
425 W Randolph St. Chicago, IL 60606,
USA.
You have acquired a device (“DEVICE”) that
includes software licensed by Alpine
Electronics, Inc. (collectively “ALPINE”) from
an affiliate of Microsoft Corporation
(collectively “MS”). Th ose installed software
products of MS origin, as well as associated
media, printed materials, and “online” or
electronic documentation (“SOFTWARE”)
are protected by intern ational intellectual
property laws and treaties. The SOFTWARE
is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER
LICENSE AGREEMENT (“EULA”), DO NOT
USE THE DEVICE OR COPY THE SOFTWARE
■ Navigation System END USER
LICENSE AGREEMENT
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INSTEAD, PROMPTLY CONTACT ALPINE
FOR INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND. ANY
USE OF THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO USE ON THE DEVICE, WILL
CONSTITUTE YOUR AGREEMENT TO THIS
EULA (OR RATIFICATION OF ANY PREVIOUS
CONSENT).
• GRANT OF SOFTWARE LICENSE
This EULA grants you the following
license: You may use the SOFTWARE only
on the DEVICE.
• NOT FAULT TOLERANT THE SOFTWARE IS NOT FAULT
TOLERANT. ALPINE HAS INDEPENDENTLY
DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS
RELIED UPON ALPINE TO CONDUCT
SUFFICIENT TESTING TO DETERMINE
THAT THE SOFTWARE IS SUITABLE FOR
SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE THE SOFTWARE is provided “AS IS” and
with all faults. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND
EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO,
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED
ANY WARRANTIES REGARDING THE
DEVICE OR SOFTWARE THOSE
WARRANTIES DO NOT ORIGINATE
FROM, AND ARE NOT BINDING ON, MS.
• NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, MS,
MICROSOFT CORPORATION AND THEIR
AFFILIATES SHALL HAVE NO LIABILITY
FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL MS,
MICROSOFT CORPORATION AND/OR
THEIR AFFILIATES BE LIABLE FOR ANY
AMOUNT IN EXCESS OF U.S. TWO
HUNDRED FIFTY DOLLARS (U.S.$250.00).
• SPEECH RECOGNITION
If the SOFTWARE includes speech
recognition component(s), you should
understand that speech recognition is an
inherently statistical process and that
recognition errors are inherent in the process. Neither ALPINE nor its suppliers
shall be liable for any damages arising out
of errors in the speech recognition
process.
• LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY
You may not reverse engineer,
decompile, or disassemble the
SOFTWARE, except and only to the
extent that such ac tivity is expressly
permitted by applicable law
notwithstanding this limitation.
• ADDITIONAL SOFTWARE/SERVICES The SOFTWARE may permit ALPINE, MS,
Microsoft Corporation or their affiliates
to provide or make available to you
SOFTWARE updates, supplements, add-
on components, or In ternet-base service
components of the SOFTWARE after the
date you obtain your initial copy of the
SOFTWARE (“Supplemental
Components”).
u If ALPINE provides or makes 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.
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u If MS, Microsoft Corporation or their
affiliates make ava ilable Supplemental
Components, and no other EULA
terms are provided, then the terms of
this EULA shall apply, except that MS,
Microsoft Corporation or affiliate
entity providing the Supplemental
Component(s) shall be licensor of the
Supplemental Component(s).
u ALPINE, MS, Microsoft Corporation
and their affiliates reserve the right to
discontinue any Internet-based
services provided to you or made
available to you through the use of the
SOFTWARE.
• RECOVERY MEDIA If SOFTWARE is provided by ALPINE on
separate media and labeled “Recovery
Media” you may use the Recovery Media
solely to restore or reinstall the
SOFTWARE originally installed on the
DEVICE.
• UPGRADES If the SOFTWARE is provided by ALPINE
separate from the DEVICE on separate
media or via web download or other
means, and is labeled “For Upgrade
Purposes Only” you may install one (1)
copy of such SOFTWARE onto the DEVICE as a replacement copy for the
existing SOFTWARE, and use it in
accordance with this EULA, including any
additional EULA terms accompanying the
upgrade SOFTWARE.
• TERMINATION
Without prejudice to any other rights,
ALPINE or MS may terminate this EULA if
you fail to comply with the terms and
conditions of this EULA. In such event,
you must destroy all copies of the
SOFTWARE and all of its component
parts.
• INTELLECTUAL PROPERTY RIGHTS All title and intellectual property rights in
and to the SOFTWARE (including but not
limited to any images, photographs,
animations, video, audio, music, text and
“applets,” incorporated into the
SOFTWARE), the accompanying printed
materials, and any copies of the
SOFTWARE, are owned by MS, Microsoft
Corporation, their aff iliates or suppliers.
The SOFTWARE is licensed, not sold.
You may not copy the printed materials
accompanying the SO FTWARE. All title
and intellectual prope rty rights in and to
the content which may be accessed
through use of the SOFTWARE is the property of the respective content owner
and may be protected by applicable
copyright or other intellectual property
laws and treaties. This EULA grants you
no rights to use such content. All rights
not specifically gran
ted under this EULA
are reserved by MS, Microsoft
Corporation, their affiliates and suppliers.
Use of any on-line services which may be
accessed through the SOFTWARE may be
governed by the respective terms of use
relating to such services. If this
SOFTWARE contains documentation that
is provided only in electronic form, you
may print one copy of such electronic
documentation.
• TRADEMARKS This EULA does not grant you any rights
in connection with any trademarks or
service marks of ALPINE MS, Microsoft
Corporation, their affiliates or suppliers.
• PRODUCT SUPPORT Product support for the SOFTWARE is not
provided by MS, its parent corporation
Microsoft Corporation, or their affiliates
or subsidiaries. For product support,
please refer to ALPINE support number
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provided in the documentation for the
DEVICE.
Should you have any questions
concerning this EULA, or if you desire to
contact ALPINE for any other reason,
please refer to the address provided in
the documentation for the DEVICE.
• SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS
You may permanently transfer rights
under this EULA only as part of a
permanent sale or transfer of the Device,
and only if the recipi ent agrees to this
EULA. If the SOFTWARE is an upgrade,
any transfer must also include all prior
versions of the SOFTWARE.
• EXPORT RESTRICTIONS You acknowledge that SOFTWARE is of
US-origin. 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 country destination restrictions
issued by U.S. and other governments.
For additional informa tion on exporting
the SOFTWARE, see http://
www.microsoft. com/exporting/.Music recognition technology and related
data are provided by Gracenote
®.
Gracenote is the industry standard in music
recognition technology and related content
delivery.
For more information, visit
www.gracenote.com .
When music is recorded to the HDD from a
CD, information such as the recording artist
and track name are retrieved from the
Gracenote Database and displayed (when
available).
Gracenote may not contain information for
all albums.
Gracenote is an internet-based music
recognition service that allows artist, album,
and track information from CDs to display
on the HDD.
Gracenote users are allowed 4 free updates
a year. More informati on about Gracenote,
its features, and downlo ads are available at
www.honda.com (in U.S.) or
www.honda.ca (in Canada).■Gracenote Music Recognition
Service (CDDB)CD and music-related data from Gracenote,
Inc., copyright © 2000 to present
Gracenote. Gracenote
Software, copyright
© 2000 to present Gracenote.
One or more patents owned by Gracenote
apply to this product and service. See the
Gracenote website for a non-exhaustive list
of applicable Gracenote patents.
Gracenote, CDDB, MusicID, MediaVOCS,
the Gracenote logo and logotype, and the
“Powered by Gracenote” logo are either
registered trademarks or trademarks of
Gracenote in the United States and/or other
countries.
This application or device contains software
from Gracenote, In c. of Emeryville,
California (“Gracenote”). The software
from Gracenote (the “Gracenote
Software”) enables th is application to
perform disc and/or file identification and
obtain music- related information, including
name, artist, track, and title information
(“Gracenote Data”) from online servers or
embedded databases (collectively,
“Gracenote Servers”) and to perform other
■ Gracenote
® END USER LICENSE
AGREEMENT
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functions. You may use Gracenote Data
only by means of the intended End-User
functions or this application or device.
You agree that you will use Gracenote Data,
the Gracenote Software, and Gracenote
Servers for your own personal non-
commercial use only.
You agree not to assign, copy, transfer, or
transmit the Gracenote Software or any
Gracenote Data to any third party.
YOU AGREE NOT TO USE OR EXPLOIT
GRACENOTE DATA, THE GRACENOTE
SOFTWARE, OR GRACENOTE SERVERS,
EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to
use the Gracenote Data, the Gracenote
Software, and Gracenote Servers will
terminate if you violate these restrictions. If
your license terminates, you agree to cease
any and all use of the Gracenote Data, the
Gracenote Software, and Gracenote
Servers.
Gracenote reserves al l rights in Gracenote
Data, the Gracenote Software, and the
Gracenote Servers, including all ownership
rights. Under no circumstances will
Gracenote become liable for any payment
to you for any information that you provide.
You agree that Gracenote, Inc. may enforce its rights under this Agreement against you
directly in its own name.
The Gracenote service uses a unique
identifier to track queries for statistical
purposes. The purpose of a randomly
assigned numeric identi
fier is to allow the
Gracenote service to count queries without
knowing anything about who you are. For
more information, see the web page for the
Gracenote Privacy Policy for the Gracenote
service.
The Gracenote Software and each item of
Gracenote Data are licensed to you “AS IS.”
Gracenote makes no representations or
warranties, express or implied, regarding
the accuracy of any Gracenote Data from in
the Gracenote Servers. Gracenote reserves
the right to delete data from the Gracenote
Servers or to change data categories for any
cause that Gracenote deems sufficient. No
warranty is made that the Gracenote
Software or Gracenote Servers are error-
free or that functioning of Gracenote
Software or Gracenote Servers will be
uninterrupted.
Gracenote is not obligated to provide you
with new enhanced or additional data types
or categories that Gracenote may provide in the future and is free to discontinue its
services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. GRACENOTE DOES
NOT WARRANT 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.
copyright © 2000 to present Gracenote
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As required by the FCC
1. This device complies with Part 15 of the
FCC Rules and Canadian RSS-210/
RSSGen. Operation is subject to the
following two conditions: (1) this device
may not cause harmful interference, and
(2) this device must accept any
interference received, including
interference that may cause undesired
operation.
2. The FCC requires the user to be notified
that any changes or modifications made
to this device that are not expressly
approved by the party responsible for
compliance may void the user’s authority
to operate the equipment.
3. This product emits radio frequency
energy, but the radiated output power of
this device is far below the FCC and IC
radio frequency exposure limits. This
equipment complies with FCC and IC RF
radiation exposure limits set forth for an
uncontrolled environment. Nevertheless,
the device should be used in such a
manner that the potential for human
contact with the an tenna during normal
operation is minimized.
About Open Source
Licenses
About the software license of the
product
The software installe d in the product
contains open source software.
See the following Alpine website for details
on the open source software.
http://www.alpine.com/h/e/oss/download/
■ Important information on the
software
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