LINCOLN MKZ 2013 Owners Manual

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,
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.
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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.
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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.
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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
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.
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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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Appendices

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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Appendices

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.
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Appendices

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 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 End User 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 JiWire,
© 2013 JiWire.
Gracenote® Copyright
CD and music-related data from
Gracenote, Inc., copyright©
2000-2007 Gracenote. Gracenote
Software, copyright © 2000-2007
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 the
"Powered by Gracenote
™" logo are
trademarks of Gracenote.
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Appendices

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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