FORD FIESTA 2014 Owners Manual

•
Links to Third Party Sites: The MS
SOFTWARE may provide you with the
ability to link to third party sites through
the use of the SOFTWARE. The third
party sites are not under the control of
MS, Microsoft Corporation, their
affiliates and/or their designated
agent. Neither MS nor Microsoft
Corporation nor their affiliates nor their
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 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
MS, Microsoft Corporation, their
affiliates and/or their 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
DEVICE operating instructions
particularly as they pertain to safety
and assumes any risk associated with
the use of the DEVICE.
UPGRADES AND RECOVERY MEDIA:
If the SOFTWARE is provided by FORD
MOTOR COMPANY separate from the
DEVICE 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 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. 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, FORD MOTOR COMPANY, or
their 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. All rights not
specifically granted under this EULA are
reserved by MS, Microsoft Corporation,
FORD MOTOR COMPANY, third party
software and service providers, 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.
EXPORT RESTRICTIONS:
You
acknowledge that the SOFTWARE is
subject to U.S. and European Union export
jurisdiction. You agree to comply with all
applicable international and national laws
that apply to the SOFTWARE, including
the U.S. Export Administration Regulations,
as well as end-user, end-use and
destination restrictions issued by U.S. and
other governments. For additional
information, see
http://www.microsoft.com/exporting/.
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TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, MS, Microsoft
Corporation, third party software or service
providers, 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 FORD MOTOR COMPANY
instructions provided in the documentation
for the DEVICE. 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 DEVICE.
No Liability for Certain Damages:
EXCEPT AS PROHIBITED BY LAW, FORD
MOTOR COMPANY, ANY THIRD PARTY
SOFTWARE OR SERVICES SUPPLIERS,
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).
• THERE ARE NO WARRANTIES OTHER
THAN THOSE THAT MAY EXPRESSLY
BE PROVIDED FOR YOUR NEW
VEHICLE. Adobe
Contains Adobe® [Flash® Player] or
[AIR®] technology by Adobe Systems
Incorporated. This [Licensee Product]
contains [Adobe® Flash® Player]
[Adobe® AIR®] software under license
from Adobe Systems Incorporated,
Copyright ©1995-2009 Adobe
Macromedia Software LLC. All rights
reserved. Adobe, Flash and AIR are
trademarks of Adobe Systems
Incorporated.
End User Notice
Microsoft® Windows® Mobile for
Automotive Important Safety
Information
This system Ford SYNC™ contains
software that is licensed to Manufacturer
FORD MOTOR COMPANY by an affiliate
of Microsoft Corporation pursuant to a
license agreement. Any removal,
reproduction, reverse engineering or other
unauthorized use of the software from this
system in violation of the license
agreement is strictly prohibited and may
subject you to legal action.
Read and follow instructions:
Before
using your Windows Automotive- based
system, read and follow all instructions
and safety information provided in this end
user manual ("User's Guide"). Not
following precautions found in this User's
Guide can lead to an accident or other
serious consequences.
Keep User's Guide in vehicle: When kept
in the vehicle, the User's Guide will be a
ready reference for you and other users
unfamiliar with the Windows
Automotive-based system. Please make
certain that before using the system for
the first time, all persons have access to
the User's Guide and read its instructions
and safety information carefully.
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WARNING
Operating certain parts of this
system while driving can distract
your attention away from the road,
and possibly cause an accident or other
serious consequences. Do not change
system settings or enter data non-verbally
(using your hands) while driving. Stop the
vehicle in a safe and legal manner before
attempting these operations. This is
important since while setting up or
changing some functions you might be
required to distract your attention away
from the road and remove your hands from
the wheel. General Operation
Voice Command Control: Functions
within the Windows Automotive-based
system may be accomplished using only
voice commands. Using voice commands
while driving allows you to operate the
system without removing your hands from
the wheel.
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. Even
occasional short scans to the screen may
be hazardous if your attention has been
diverted away from your driving task at a
critical time.
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. Use of Speech Recognition Functions:
Speech recognition software is inherently
a statistical process which is subject to
errors. It is your responsibility to monitor
any speech recognition functions included
in the system and address any errors.
Navigation Features:
Any navigation
features included in the system are
intended to provide turn by turn
instructions to get you to a desired
destination. Please make certain all
persons using this system carefully read
and follow instructions and safety
information fully.
Distraction Hazard:
Any navigation
features may require manual (non-verbal)
setup. Attempting to perform such set-up
or insert data while driving can seriously
distract your attention and could cause an
accident or other serious consequences.
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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Potential Map Inaccuracy: Maps used
by this system may be inaccurate because
of changes in roads, traffic controls or
driving conditions. Always use good
judgment and common sense when
following the suggested routes.
Emergency Services:
Do not rely on any
navigation features included in the system
to route you to emergency services. Ask
local authorities or an emergency services
operator for these locations. Not all
emergency services such as police, fire
stations, hospitals and clinics are likely to
be contained in the map database for such
navigation features.
TeleNav Software End User License
Agreement
Please read these terms and conditions
carefully before you use the TeleNav
Software. Your use of the TeleNav
Software indicates that you accept these
terms and conditions. If you do not accept
these terms and conditions, do not break
the seal of the package, launch, or
otherwise use the TeleNav Software.
TeleNav may revise this Agreement and
the privacy policy at any time, with or
without notice to you. You agree to visit
http://www.telenav.com from time to time
to review the then current version of this
Agreement and of the privacy policy.
1. Safe and Lawful Use
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: (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).
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.
2. Account Information
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.
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
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any termination or expiration of this
Agreement. You agree that you will use the
TeleNav Software only for your personal
business or leisure purposes, and not to
provide commercial navigation services to
other parties.
3.1 License Limitations
You agree not to do any of the following:
(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) 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 (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.
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 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 is dependent
on the accuracy of navigation, as the maps
or functionality of the TeleNav Software
are not intended to support such high risk
applications, especially in more remote
geographical areas.
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 WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY
RIGHTS WITH RESPECT TO THE TELENAV
SOFTWARE. Certain jurisdictions do not
permit the disclaimer of certain warranties,
so this limitation may not apply to you.
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5. Limitation of Liability
TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV OR
ITS LICENSORS AND SUPPLIERS BE
LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING IN
EACH CASE, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE
THE EQUIPMENT OR ACCESS DATA,
LOSS OF DATA, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO
USE THE TELENAV SOFTWARE, EVEN IF
TELENAV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY
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 LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO
YOU.
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 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.
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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
8.3
By using the TeleNav Software, you
consent to receive from TeleNav all
communications, including notices,
agreements, legally required disclosures
or other information in connection with the
TeleNav Software (collectively, "Notices")
electronically. TeleNav may provide such
Notices by posting them on TeleNav's
Website or by downloading such Notices
to your wireless device. If you desire to
withdraw your consent to receive Notices
electronically, you must discontinue your
use of the TeleNav Software.
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
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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.
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.
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.
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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.
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.
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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.
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 term" as that term is defined
at 48 C.F.R. ("FAR") 2.101, is licensed in
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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,
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367
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