ESP FORD B MAX 2013 1.G Workshop Manual

Downloaded from www.Manualslib.com manuals search engine 4. Disclaimers
To the fullest extent permissible pursuantto applicable law, in no event will TeleNav,its licensors and suppliers, or agents oremployees of any of the foregoing, beliable for any decision made or actiontaken by you or anyone else in reliance onthe information provided by the TeleNavSoftware. TeleNav also does not warrantthe accuracy of the map or other data usedfor the TeleNav Software. Such data maynot always reflect reality due to, amongother things, road closures, construction,weather, new roads and other changingconditions. You are responsible for theentire risk arising out of your use of theTeleNav Software. For example butwithout limitation, you agree not to rely onthe TeleNav Software for criticalnavigation in areas where the well-beingor survival of you or others is dependenton the accuracy of navigation, as the mapsor functionality of the TeleNav Softwareare not intended to support such high riskapplications, especially in more remotegeographical areas.
TELENAV EXPRESSLY DISCLAIMS ANDEXCLUDES ALL WARRANTIES INCONNECTION WITH THE TELENAVSOFTWARE, WHETHER STATUTORY,EXPRESS OR IMPLIED, INCLUDING ALLWARRANTIES WHICH MAY ARISE FROMCOURSE OF DEALING, CUSTOM ORTRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE ANDNON-INFRINGEMENT OF THIRD PARTYRIGHTS WITH RESPECT TO THE TELENAVSOFTWARE. Certain jurisdictions do notpermit the disclaimer of certain warranties,so this limitation may not apply to you.
5. Limitation of Liability
TO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAV ORITS LICENSORS AND SUPPLIERS BELIABLE TO YOU OR TO ANY THIRD PARTYFOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL OREXEMPLARY DAMAGES (INCLUDING INEACH CASE, BUT NOT LIMITED TO,DAMAGES FOR THE INABILITY TO USETHE EQUIPMENT OR ACCESS DATA,LOSS OF DATA, LOSS OF BUSINESS,LOSS OF PROFITS, BUSINESSINTERRUPTION OR THE LIKE) ARISINGOUT OF THE USE OF OR INABILITY TOUSE THE TELENAV SOFTWARE, EVEN IFTELENAV HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGESTHAT YOU MIGHT INCUR FOR ANYREASON WHATSOEVER (INCLUDING,WITHOUT LIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALL DIRECTOR GENERAL DAMAGES IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OROTHERWISE), THE ENTIRE LIABILITY OFTELENAV AND OF ALL OF TELENAV'SSUPPLIERS SHALL BE LIMITED TO THEAMOUNT ACTUALLY PAID BY YOU FORTHE TELENAV SOFTWARE. SOMESTATES AND/OR JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATIONSOR EXCLUSIONS MAY NOT APPLY TOYOU.
6. Arbitration and Governing Law
You agree that any dispute, claim orcontroversy arising out of or relating to thisAgreement or the TeleNav Software shallbe settled by independent arbitrationinvolving a neutral arbitrator andadministered by the American ArbitrationAssociation in the County of Santa Clara,California. The arbitrator shall apply the
277B-MAX (CB2) Vehicles Built From: 25-06-2012, Vehicles Built Up To: 31-12-2013Appendices

Downloaded from www.Manualslib.com manuals search engine Commercial Arbitration Rules of theAmerican Arbitration Association, and thejudgment upon the award rendered by thearbitrator may be entered by any courthaving jurisdiction. Note that there is nojudge or jury in an arbitration proceedingand the decision of the arbitrator shall bebinding upon both parties. You expresslyagree to waive your right to a jury trial.
This Agreement and performancehereunder will be governed by andconstrued in accordance with the laws ofthe State of California, without givingeffect to its conflict of laws provisions. Tothe extent judicial action is necessary inconnection with the binding arbitration,both TeleNav and you agree to submit tothe exclusive jurisdiction of the courts ofthe County of Santa Clara, California. TheUnited Nations Convention on Contractsfor the International Sale of Goods shallnot apply.
7. Assignment
You may not resell, assign, or transfer thisAgreement or any of your rights orobligations, except in totality, in connectionwith your permanent transfer of theTeleNav Software, and expresslyconditioned upon the new user of theTeleNav Software agreeing to be boundby the terms and conditions of thisAgreement. Any such sale, assignment ortransfer that is not expressly permittedunder this paragraph will result inimmediate termination of this Agreement,without liability to TeleNav, in which caseyou and all other parties shall immediatelycease all use of the TeleNav Software.Notwithstanding the foregoing, TeleNavmay assign this Agreement to any otherparty at any time without notice, providedthe assignee remains bound by thisAgreement.
8. Miscellaneous
8.1
This Agreement constitutes the entireagreement between TeleNav and you withrespect to the subject matter hereof.
8.2
Except for the limited licenses expresslygranted in this Agreement, TeleNav retainsall right, title and interest in and to theTeleNav Software, including withoutlimitation all related intellectual propertyrights. No licenses or other rights which arenot expressly granted in this Agreementare intended to, or shall be, granted orconferred by implication, statute,inducement, estoppel or otherwise, andTeleNav and its suppliers and licensorshereby reserve all of their respective rightsother than the licenses explicitly grantedin this Agreement
8.3
By using the TeleNav Software, youconsent to receive from TeleNav allcommunications, including notices,agreements, legally required disclosuresor other information in connection with theTeleNav Software (collectively, "Notices")electronically. TeleNav may provide suchNotices by posting them on TeleNav'sWebsite or by downloading such Noticesto your wireless device. If you desire towithdraw your consent to receive Noticeselectronically, you must discontinue youruse of the TeleNav Software.
8.4
TeleNav's or your failure to requireperformance of any provision shall notaffect that party's right to requireperformance at any time thereafter, norshall a waiver of any breach or default ofthis Agreement constitute a waiver of anysubsequent breach or default or a waiverof the provision itself.
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WARNING
This Data may contain inaccurate orincomplete information due to thepassage of time, changingcircumstances, sources used and thenature of collecting comprehensivegeographic Data, any of which may leadto incorrect results.
No Warranty: This Data is provided to you"as is" , and you agree to use it at your ownrisk. NT and its licensors (and theirlicensors and suppliers) make noguarantees, representations or warrantiesof any kind, express or implied, arising bylaw or otherwise, including but not limitedto, content, quality, accuracy,completeness, effectiveness, reliability,fitness for a particular purpose, usefulness,use or results to be obtained from thisData, or that the Data or server will beuninterrupted or error free.
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Disclaimer of Liability: NT AND ITSLICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) SHALL NOTBE LIABLE TO YOU IN RESPECT OF ANYCLAIM, DEMAND OR ACTION,IRRESPECTIVE OF THE NATURE OF THECAUSE OF THE CLAIM, DEMAND ORACTION ALLEGING ANY LOSS, INJURY ORDAMAGES, DIRECT OR INDIRECT, WHICHMAY RESULT FROM THE USE ORPOSSESSION OF THIS DATA; OR FOR ANYLOSS OF PROFIT, REVENUE, CONTRACTS
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Downloaded from www.Manualslib.com manuals search engine OR SAVINGS, OR ANY OTHER DIRECT,INDIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES ARISINGOUT OF YOUR USE OF OR INABILITY TOUSE THIS DATA, ANY DEFECT IN THISDATA, OR THE BREACH OF THESE TERMSOR CONDITIONS, WHETHER IN ANACTION IN CONTRACT OR TORT ORBASED ON A WARRANTY, EVEN IF NT ORITS LICENSORS HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.Some States, Territories and Countries donot allow certain liability exclusions ordamages limitations, so to that extent theabove may not apply to you.
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Entire Agreement: These terms andconditions constitute the entire agreementbetween NT (and its licensors, includingtheir licensors and suppliers) and youpertaining to the subject matter hereof,and supersedes in their entirety any andall written or oral agreements previouslyexisting between us with respect to suchsubject matter.
Severability: You and NT agree that if anyportion of this agreement is found illegalor unenforceable, that portion shall besevered and the remainder of theAgreement shall be given full force andeffect.
Governing Law: The above terms andconditions shall be governed by the lawsof the State of Illinois, without giving effectto (i) its conflict of laws provisions, or (ii)the United Nations Convention forContracts for the International Sale ofGoods, which is explicitly excluded. Youagree to submit to the personal jurisdictionof the State of Illinois for any and alldisputes, claims and actions arising fromor in connection with the Data provided toyou hereunder.
Government End Users: If the Data isbeing acquired by or on behalf of theUnited States government or any otherentity seeking or applying rights similar tothose customarily claimed by the UnitedStates government, this Data is a"commercial term" as that term is definedat 48 C.F.R. ("FAR") 2.101, is licensed inaccordance with this End User LicenseAgreement, and each copy of Datadelivered or otherwise furnished shall bemarked and embedded as appropriatewith the following "Notice of Use", and betreated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR(MANUFACTURER/SUPPLIER)
NAME:
NAVTEQ
CONTRACTOR(MANUFACTURER/SUPPLIER)
ADDRESS:
425 West Randolph Street, Chicago, IL60606.
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282B-MAX (CB2) Vehicles Built From: 25-06-2012, Vehicles Built Up To: 31-12-2013Appendices

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