ESP LINCOLN MKX 2011 My Lincoln Touch Manual

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 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 09/22/09 - 10 of
19 - Confidential GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING
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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:
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9.1 End User Terms Required by Tele Atlas North America, Inc.
The TeleNav Software utilizes software licensed to TeleNav by Tele Atlas
North America, Inc. (“Tele Atlas”). You may use this software (the “Tele
Atlas Software”) as part of the TeleNav Software subject to the following
terms and conditions:
•You may only use the Tele Atlas Software for internal business or
personal uses.
•Your use of the Tele Atlas Software is otherwise limited by the scope
of the license agreement between Tele Atlas and TeleNav.
•The Tele Atlas Software is the confidential information of Tele Atlas.
•You are prohibited from making any unauthorized copies of the Tele
Atlas Software.
•You are prohibited from removing or obscuring any copyright or
trademark notice, or restrictive legend with respect to the Tele Atlas
Software.
•The liability of Tele Atlas and its suppliers is limited by the limitation
of liability provision set forth above.
•The Tele Atlas Software is provided “as is” and on a “with all faults
basis”, and Tele Atlas and its suppliers expressly disclaim all other
warranties, express or implied, including but not limited to the implied
warranties of non-infringement, merchantability, satisfactory quality,
accuracy, title and fitness for a particular purpose. No oral or written
advice or information provided by Tele Atlas or any of its agents,
employees or third party providers shall create a warranty, and you
are not entitled to rely on any such advice or information. This
disclaimer is an essential condition of this Agreement.
In the event that you are a government entity, the following provisions
apply to you:
U.S. GOVERNMENT RIGHTS. If you are an agency, department, or other
entity of the United States Government, or funded in whole or in part by
the United States Government, then use, duplication, reproduction,
release, modification, disclosure or transfer of this commercial product
and accompanying documentation, is restricted in accordance with the
LIMITED or RESTRICTED rights as described in DFARS 252.227-
7014(a)(1) (JUN 1995) (DOD commercial computer software definition),
DFARS 227.7202[not ]1 (DOD policy on commercial computer software),
FAR 52.227-19 (JUN 1987) (commercial computer software clause for
civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data
– commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN
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Gracenotecopyright
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.
GracenoteEnd 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,
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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.
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
FCC ID: KMHSYNCG2 IC: 1422A-SYNCG2
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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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