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6.Arbitration and Governing LawYou agree that any dispute, claim or controversy arising out of or relating
to this Agreement or the TeleNav Software shall be settled by independent
arbitration involving a neutral arbitrator and administered by the American
Arbitration Association in the County of Santa Clara, California. The
arbitrator shall apply the Commercial Arbitration Rules of the American
Arbitration Association, and the judgment upon the award rendered by the
arbitrator may be entered by any court having jurisdiction. Note that there
is no judge or jury in an arbitration proceeding and the decision of the
arbitrator shall be binding upon both parties. You expressly agree to waive
your right to a jury trial.
This Agreement and performance hereunder will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to its conflict of laws provisions. To the extent judicial action
is necessary in connection with the binding arbitration, both TeleNav and
you agree to submit to the exclusive jurisdiction of the courts of the
County of Santa Clara, California. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply.
7.Assignment
You may not resell, assign, or transfer this Agreement or any of your
rights or obligations, except in totality, in connection with your
permanent transfer of the TeleNav Software, and expressly conditioned
upon the new user of the TeleNav Software agreeing to be bound by the
terms and 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, 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.
8.2
Except for the limited licenses expressly granted in this Agreement,
TeleNav retains all right, title and interest in and to the TeleNav Software,
including without limitation all related intellectual property rights. No
licenses or other rights which are not expressly granted in this Agreement
are intended to, or shall be, granted or conferred by implication, statute,
inducement, estoppel or otherwise, and TeleNav and its suppliers and
licensors hereby reserve all of their respective rights other than the
licenses explicitly granted in this Agreement.
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8.3By 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.
8.4 TeleNav’s or your failure to require performance of any provision shall not
affect that party’s right to require performance at any time thereafter, nor
shall a waiver of any breach or default of this Agreement constitute a waiver
of any subsequent breach or default or a waiver of the provision itself.
8.5 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.
8.6 The headings in this Agreement are for convenience of reference only,
will not be deemed to be a part of this Agreement, and will not be referred to
in connection with the construction or interpretation of this Agreement. As
used in this Agreement, the words “include” and “including,” and variations
thereof, will not be deemed to be terms of limitation, but rather will be
deemed to be followed by the words “without limitation.”
9.Other Vendors Terms and Conditions
The TeleNav Software utilizes map and other data licensed to
TeleNav by third party vendors for the benefit of you and other end
users. This Agreement includes end-user terms applicable to these
companies (included at the end of this Agreement), and thus your
use of the TeleNav Software is also subject to such terms. You agree to
comply with the following additional terms and conditions, which
are applicable to TeleNav’s third party vendor licensors:
NavTeq End User License Agreement
END USER TERMS
The content provided (“Data”) is licensed, not sold. By opening this
package, or installing, copying, or otherwise using the Data, you agree to
be bound by the terms of this agreement. If you do not agree to the
terms of this agreement, you are not permitted to install, copy, use,
resell or transfer the Data. If you wish to reject the terms of this
agreement, and have not installed, copied, or used the Data, you must
contact your retailer or NAVTEQ North America, LLC (“NT”) within
thirty (30) days of purchase for a refund of your purchase price. To
contact NT, please visit www.navteq.com.
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The Data is provided for your personal, internal use only and may not be
resold. It is protected by copyright, and is subject to the following terms
(this “End User License Agreement”) and conditions which are agreed to
by you, on the one hand, and NAVTEQ North America, LLC (“NT”) and
its licensors (including their licensors and suppliers) on the other hand.
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 ®.
NT holds a nonexclusive license from the United States Postal Service ®
to publish and sell ZIP+4 ® information.
United States Postal Service ® 2009. 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.
TERMS AND CONDITIONS
License Limitations on Use:You agree that your license to use this Data
is limited to and conditioned on use for solely personal, noncommercial
purposes, and not for service bureau, timesharing or other similar
purposes. Except as otherwise set forth herein, you agree not to otherwise
reproduce, copy, modify, decompile, disassemble or reverse engineer any
portion of this Data, and may not transfer or distribute it in any form, for
any purpose, except to the extent permitted by mandatory laws.
License Limitations on Transfer:Your limited license does not allow
transfer or resale of the Data, except on the condition that you may
transfer the Data and all accompanying materials on a permanent basis
if: (a) you retain no copies of the Data; (b) the recipient agrees to the
terms of this End User License Agreement; and (c) you transfer the Data
in the exact same form as you purchased it by physically transferring the
original media (e.g., the CD-ROM or DVD you purchased), all original
packaging, all Manuals and other documentation. Specifically, Multi-disc
sets may only be transferred or sold as a complete set as provided to you
and not as a subset thereof.
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Additional License Limitations:Except where you have been
specifically licensed to do so by NT in a separate written agreement, and
without limiting the preceding paragraph, your license is conditioned on
use of the Data as prescribed in this agreement, and you may not (a) use
this Data with any products, systems, or applications installed or
otherwise connected to or in communication with vehicles capable of
vehicle navigation, positioning, dispatch, real time route guidance, fleet
management or similar applications; or (b) with, or in communication
with, including without limitation, cellular phones, palmtop and handheld
computers, pagers, and personal digital assistants or PDAs.
WARNING:This 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.
No Warranty:This Data is provided to you “as is”, and you agree to
use it at your own risk. NT and its licensors (and their licensors and
suppliers) make no guarantees, representations or warranties of any
kind, express or implied, arising by law or otherwise, including but not
limited to, content, quality, accuracy, completeness, effectiveness,
reliability, fitness for a particular purpose, usefulness, use or results to be
obtained from this Data, or that the Data or server will be uninterrupted
or error free.
Disclaimer of Warranty:NT AND ITS LICENSORS (INCLUDING
THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States, Territories and Countries do not
allow certain warranty exclusions, so to that extent the above exclusion
may not apply to you.
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Disclaimer of Liability:NT AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU IN
RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF
THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION
ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT,
WHICH MAY RESULT FROM THE USE OR POSSESSION OF THIS
DATA; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR
SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS DATA, ANY DEFECT IN THIS DATA, OR THE
BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY,
EVEN IF NT OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some States, Territories and
Countries do not allow certain liability exclusions or damages limitations,
so to that extent the above may not apply to you.
Export Control:You agree not to export from anywhere any part of the
Data or any direct product thereof except in compliance with, and with
all licenses and approvals required under, applicable export laws, rules
and regulations, including but not limited to the laws, rules and
regulations administered by the Office of Foreign Assets Control of the
U.S. Department of Commerce and the Bureau of Industry and Security
of the U.S. Department of Commerce. To the extent that any such export
laws, rules or regulations prohibit NT 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.
Entire Agreement:These terms and conditions constitute the entire
agreement between NT (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.
Severability:You and NT agree that if any portion of this agreement is
found illegal or unenforceable, that portion shall be severed and the
remainder of the Agreement shall be given full force and effect.
Governing Law:The above terms and conditions shall be governed by
the laws of the State of Illinois, 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. You agree
to submit to the personal jurisdiction of the State of Illinois for any and
all disputes, claims and actions arising from or in connection with the
Data provided to you hereunder.
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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 “commercial item” as that term is defined at
48 C.F.R. (“FAR”) 2.101, is licensed in accordance with this End User
License Agreement, and each copy of Data delivered or otherwise
furnished shall be marked and embedded as appropriate with the
following “Notice of Use”, and be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER)
NAME:
NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER)
ADDRESS:
425 West Randolph Street, Chicago, IL 60606.
This Data is a commercial item as defined in FAR 2.101
and is subject to the EndUser License Agreement under
which this Data was provided.
2011 NAVTEQ. 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
NAVTEQ prior to seeking additional or alternative rights in the Data.
Wi-Fi hotspot data provided by JiWire2013 JiWire.
Gracenote® Copyright
CD and music — related data from Gracenote, Inc., copyright
2000–2007 Gracenote. Gracenote Software, copyright2000–2007
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.
Gracenote and CDDB are registered trademarks of Gracenote. The
Gracenote logo and logotype, and thePowered by Gracenote™logo are
trademarks of Gracenote.
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Gracenote® End User License Agreement (EULA)
This device contains software from Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608 (“Gracenote”).
The software from Gracenote (the “Gracenote Software”) enables this
device to do disc and music file identification and obtain music-related
information, including name, artist, track, and title information
(“Gracenote Data”) from online servers (“Gracenote Servers”), and to
perform other functions. You may use Gracenote Data only by means of
the intended End User functions of this device
This device may contain content belonging to Gracenote’s providers.
If so, all of the restrictions set forth herein with respect to Gracenote
Data shall also apply to such content and such content providers shall be
entitled to all of the benefits and protections set forth herein that are
available to Gracenote.
You agree that you will use the content from Gracenote (“Gracenote
Content”), Gracenote Data, the Gracenote Software, and Gracenote
Servers for your own personal, non-commercial use only. You agree not
to assign, copy, transfer or transmit the Gracenote Content, Gracenote
Software or any Gracenote Data (except in a Tag associated with a music
file) to any third party. YOU AGREE NOT TO USE OR EXPLOIT
GRACENOTE CONTENT, GRACENOTE DATA, THE GRACENOTE
SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY
PERMITTED HEREIN.
You agree that your non-exclusive licenses to use the Gracenote Content,
Gracenote Data, the Gracenote Software, and Gracenote Servers will
terminate if you violate these restrictions. If your licenses terminate, you
agree to cease any and all use of the Gracenote Content, Gracenote
Data, the Gracenote Software, and Gracenote Servers. 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.
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Gracenote uses a unique identifier to track queries for statistical
purposes. The purpose of a randomly assigned numeric identifier is to
allow Gracenote to count queries without knowing anything about who
you are. For more information, see the web page at www.gracenote.com
for the Gracenote Privacy Policy
THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA
AND THE GRACENOTE CONTENT ARE LICENSED TO YOU “AS IS.”
NEITHER GRACENOTE MAKES ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY
OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS
OR GRACENOTE CONTENT. GRACENOTE COLLECTIVELY AND
SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR
CONTENT FROM THE COMPANIES’ RESPECTIVE SERVERS OR, IN
THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY
CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS
MADE THAT EITHER GRACENOTE CONTENT OR THE 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 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
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Vehicle with SYNC only
FCC ID: KMHSG1G1 IC: 1422A-SG1G1
FCC ID: WDGSG1G1 IC: 5248B-SG1G1
Vehicle with SYNC and MyFord Touch or MyLincoln Touch
FCC ID: KMHSYNCG2 IC: 1422A-SYNCG2
This device complies with Part 15 of the FCC Rules and with RSS-210 of
Industry Canada. Operation is subject to the following two conditions:
(1) This device may not cause harmful interference, and (2) this device
must accept any interference received, including interference that may
cause undesired operation.
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
specifications were met.
The antenna used for this transmitter must not be co-located or
operating in conjunction with any other antenna or transmitter.
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911 Assist™ ......................441, 516
A
ABS (see Brakes) .....................223
Accessing and using your
USB port ....................................494
Accessing call history/phone
book during active call .............429
Accessing your calendar ..........515
Accessing your media menu
features ......................................454
Accessing your phone menu
features ......................................431
Accessory delay ..........................92
Active call menu options .........429
Adding (pairing) a phone ........502
Advanced menu options ...439, 459
Advanced menu options
(prompts, languages, defaults,
master reset, installing
applications) ..............................439
Airbag supplemental restraint
system ..........................................48
and child safety seats ..............49
description ................................48
disposal ......................................60
driver airbag ..............................48
passenger airbag .......................48
passenger deactivation
switch ........................................51
side airbag ...........................48, 56
Air cleaner filter ...............323, 395
Air conditioning ........................146
manual heating and air
conditioning system ...............146
Air filter .............................323, 395All Wheel Drive (AWD),
driving off road .........................209
Ambient mood/lighting .....522–523
Ambulance packages ..................16
AM/FM .......................................481
Antifreeze
(see Engine coolant) ................307
Anti-lock brake system
(see Brakes) ..............................223
Anti-theft system ..................77, 79
arming the system ..............77, 79
disarming a triggered system ..79
AppLink™ .................................449
Audio system
Single CD ................136–137, 140
Audio system
(see Radio) ................136–137, 140
Automatic transmission ............201
driving an automatic
overdrive .................................199
fluid, adding ............................313
fluid, checking ........................313
fluid, refill capacities ..............391
fluid, specification ..................391
Selectshift (SST) ....................204
Auxiliary Input Jack .................490
Auxiliary input jack (Line in) ..141
Auxiliary powerpoint ................178
A/V inputs ..........................143, 498
Axle
refill capacities ........................391
B
Battery .......................................318
acid, treating emergencies .....318
jumping a disabled battery ....279
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