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GENERAL INFORMATION
SYNC® End User License Agreement (EULA)
•You have acquired a device (“DEVICE”) that includes software
licensed by FORD MOTOR COMPANY from an affiliate of Microsoft
Corporation (“MS”). Those installed software products of MS origin, as
well as associated media, printed materials, and “online” or electronic
documentation (“MS SOFTWARE”) are protected by international
intellectual property laws and treaties. The MS SOFTWARE is licensed,
not sold. All rights reserved.
•
The MS SOFTWARE may interface with and/or communicate with,
or may be later upgraded to interface with and/or communicate with
additional software and/or systems provided by FORD MOTOR COMPANY.
The additional software and systems of FORD MOTOR COMPANY origin,
as well as associated media, printed materials, and “online” or electronic
documentation (“FORD SOFTWARE”) are protected by international
intellectual property laws and treaties. The FORD SOFTWARE is licensed,
not sold. All rights reserved.
•The MS SOFTWARE and/or FORD SOFTWARE may interface with
and/or communicate with, or may be later upgraded to interface with
and/or communicate with additional software and/or systems provided by
third party software and service suppliers. The additional software and
services of third party origin, as well as associated media, printed
materials, and “online” or electronic documentation (“THRID PARTY
SOFTWARE”) are protected by international intellectual property laws
and treaties. The THIRD PARTY SOFTWARE is licensed, not sold.
All rights reserved.
•The MS SOFTWARE, FORD SOFTWARE and THIRD PARTY
SOFTWARE hereinafter collectively and individually will be referred
to asSOFTWARE.
IF YOU DO NOT AGREE TO THIS END USER LICENSE
AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY
THE SOFTWARE. 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 as installed on the DEVICE and as
otherwise interfacing with systems and/or services provide by or
through FORD MOTOR COMPANY or its third party software and
service providers.
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DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
•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 FORD MOTOR COMPANY 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 nor permit others to reverse engineer, decompile or
disassemble the SOFTWARE, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation.
•Limitations on Distributing, Copying, Modifying and Creating
Derivative Works:You may not distribute, copy, make modifications
to or create derivative works based on the SOFTWARE, except and
only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
•Single EULA:The end user documentation for the DEVICE and
related systems and services may contain multiple EULAs, such as
multiple translations and/or multiple media versions (e.g., in the user
documentation and in the software). Even if you receive multiple
EULAs, you are licensed to use only one (1) copy of the SOFTWARE.
•SOFTWARE Transfer:You may permanently transfer your rights
under this EULA only as part of a sale or transfer of the DEVICE,
provided you retain no copies, you transfer all of the SOFTWARE
(including all component parts, the media and printed materials, any
upgrades, and, if applicable, the Certificate(s) of Authenticity), and
the recipient agrees to the terms of this EULA. If the SOFTWARE is
an upgrade, any transfer must include all prior versions of the
SOFTWARE.
•Termination:Without prejudice to any other rights, FORD MOTOR
COMPANY or MS may terminate this EULA if you fail to comply with
the terms and conditions of this EULA.
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•Security Updates/Digital Rights Management:Content owners use
the WMDRM technology included in your DEVICE to protect their
intellectual property, included copyrighted content. Portions of the
SOFTWARE on your DEVICE use WMDRM software to access
WMDRM-protected content. If the WMDRM software fails to protect
the content, content owners may ask Microsoft to revoke the
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”).
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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.
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.
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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/.
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.
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No Liability for Certain Damages:EXCEPT AS PROHIBITED BY
LAW, FORD MOTOR COMPANY, ANY THRID 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.
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.
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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.
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.
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Map Data DVD End User License Terms
The data (“Data”) is provided for your personal, internal use only and
not for resale. It is protected by copyright, and is subject to the following
terms and conditions which are agreed to by you, on the one hand, and
(Licensee). (“Licensee”) and its licensors (including their licensors and
suppliers) on the other hand. Such licensors include NAVTEQ North
America, LLC. Without limiting the foregoing, you agree that NAVTEQ
North America, LLC shall have the right to enforce these Terms directly
against you.2004 NAVTEQ. All rights reserved. The Data for areas of
Canada includes information taken with permission from Canadian
authorities, including:Her Majesty the Queen in Right of Canada,
Queen’s Printer for Ontario,Canada Post Corporation, Geobase ®.
Terms and Conditions
Personal use only:You agree to use this Data together with your FLM
navigation system for solely personal, non commercial purposes for
which you were licensed, and not for service bureau, time-sharing or
other similar purposes. Accordingly, but subject to the restrictions set
forth in the following paragraphs, you may copy this Data only as
necessary for your personal use to (i) view it, and (ii) save it, provided
that you do not remove any copyright notices that appear and do not
modify the Data in any way. You agree not to otherwise reproduce copy,
modify, decompile, disassemble or reverse engineer any portion of this
Data, and may not transfer or distribute it in any form, for any purpose,
except to the extent permitted by mandatory laws.
Restrictions:
Except where you have been specifically licensed to do so
by (Licensee), and without limiting the preceding paragraph, you may not
(a) use this Data with any products, systems, or applications installed or
otherwise connected to or in communication with vehicles, capable of
vehicle navigation, positioning, dispatch, real time route guidance, fleet
management or similar applications; or (b) with or in communication with
any positioning devices or any mobile or wireless-connected electronic or
computer devices, including without limitation cellular phones, palmtop and
handheld computers, pagers, and personal digital assistants or PDAs.
No warranty:This Data is provided to you “as is,” and you agree to use
it at your own risk. (Licensee) 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.
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Disclaimer of warranty:(Licensee) 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:(Licensee) 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 the information;
or for any loss of profit, revenue, contracts or savings, or any other
direct, indirect, incidental, special or consequential damages arising out
of your use of or inability to use this information, any defect in the
information, or the breach of these terms or conditions, whether in an
action in contract or tort or based on a warranty, even if (Licensee) 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 provided to you or any direct product thereof except in compliance
with, and with all licenses and approvals required under, applicable
export laws, rules and regulations.
Termination for Breach or Bankruptcy:(Licensee) and its licensors,
including NAVTEQ, may terminate this Agreement if you breach any of
its terms. Upon any such termination, you shall immediately cease your
use of the Data and return all copies thereof to LICENSEE or NAVTEQ,
as instructed. (Licensee) and its licensors also may terminate this
Agreement in the event that you (i) fail to pay license fees due for the
Data, or (ii) if any of the following events occur affecting you: (a)
voluntary bankruptcy or application for bankruptcy; (b) involuntary
bankruptcy or application for bankruptcy not discharged within sixty
(60) days; (c) appointment of receiver for all or a portion of your assets;
or (d) any assignment for the benefit of creditors.
Entire agreement:These terms and conditions constitute the entire
agreement between (Licensee) (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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