FORD FOCUS 2014 3.G Owners Manual

SOFTWARE’s ability to use WMDRM to play or copy protected
content. This action does not affect unprotected content. When your
DEVICE downloads licenses for protected content, you agree that
Microsoft may include a revocation list with the licenses. Content
owners may require you to upgrade the SOFTWARE on your DEVICE
to access their content. If you decline an upgrade, you will not be able
to access content that requires the upgrade.
•Consent to Use of Data:You agree that MS, Microsoft Corporation,
FORD MOTOR COMPANY, third party software and systems suppliers,
their affiliates and/or their designated agent may collect and use
technical information gathered in any manner as part of product
support services related to the SOFTWARE or related services. MS,
Microsoft Corporation, FORD MOTOR COMPANY, third party software
and services suppliers, their affiliates and/or their designated agent
may use this information solely to improve their products or to
provide customized services or technologies to you. MS, Microsoft
Corporation, FORD MOTOR COMPANY, third party software and
systems suppliers, their affiliates and/or their designated agent may
disclose this information to others, but not in a form that personally
identifies you.
•
Internet-Based Services Components:The SOFTWARE may contain
components that enable and facilitate the use of certain Internet-based
services. You acknowledge and agree that MS, Microsoft Corporation,
FORD MOTOR COMPANY, third party software and service suppliers,
their affiliates and/or their 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 DEVICE.
•Additional Software/Services:The SOFTWARE may permit
FORD MOTOR COMPANY, third party software and service suppliers,
MS, Microsoft Corporation, their affiliates and/or their designated
agent to provide or make available to you SOFTWARE updates,
supplements, add-on components, or Internet-based services
components of the SOFTWARE after the date you obtain your initial
copy of the SOFTWARE (“Supplemental Components”).
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.
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If MS, Microsoft Corporation, their affiliates and/or their designated agent
make available Supplemental Components, and no other EULA terms are
provided, then the terms of this EULA shall apply, except that the MS,
Microsoft Corporation or affiliate entity providing the Supplemental
Component(s) shall be the licensor of the Supplemental Component(s).
FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates
and/or their 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 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” orFor Recovery Purposes
Onlyyou 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
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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/.
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).
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•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, Copyright1995-2009 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.
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.
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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.
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Route Safety
Do not follow the route suggestions if doing so would result in an unsafe
or illegal maneuver, if you would be placed in an unsafe situation, or if
you would be directed into an area that you consider unsafe. The driver
is ultimately responsible for the safe operation of the vehicle and
therefore, must evaluate whether it is safe to follow the suggested
directions.
Potential Map Inaccuracy
Maps used by this system may be inaccurate because of changes in
roads, traffic controls or driving conditions. Always use good judgment
and common sense when following the suggested routes.
Emergency Services
Do not rely on any navigation features included in the system to route
you to emergency services. Ask local authorities or an emergency
services operator for these locations. Not all emergency services such as
police, fire stations, hospitals and clinics are likely to be contained in the
map database for such navigation features.
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
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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
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,
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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.
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
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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,
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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.
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.”
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