FORD EXPEDITION 2023 Owners Manual

Description of Other Rights andLimitations.
•Speech Recognition: If theSOFTWARE includes speechrecognition component(s), you shouldunderstand that speech recognition isan inherently statistical process andthat recognition errors are inherent inthe process. Neither FORD MOTORCOMPANY nor its suppliers shall beliable for any damages arising out oferrors in the speech recognitionprocess. It is your responsibility tomonitor any speech recognitionfunctions included in the system.
•Limitations on Reverse Engineering,Decompilation and Disassembly:You may not reverse engineer,decompile, translate, disassemble orattempt to discover any source codeor underlying ideas or algorithms of theSOFTWARE nor permit others toreverse engineer, decompile ordisassemble the SOFTWARE, exceptand only to the extent that such activityis expressly permitted by applicablelaw notwithstanding this limitation orto the extent as may be permitted bythe licensing terms governing use ofany open source components includedwith the SOFTWARE.
•Limitations on Distributing,Copying, Modifying and CreatingDerivative Works: You may notdistribute, copy, make modificationsto or create derivative works based onthe SOFTWARE, except and only to theextent that such activity is expresslypermitted by applicable lawnotwithstanding this limitation or tothe extent as may be permitted by thelicensing terms governing use of anyopen source components included withthe SOFTWARE.
•Single EULA: The end userdocumentation for the DEVICES andrelated systems and services maycontain multiple EULAs, such asmultiple translations and/or multiplemedia versions (e.g., in the userdocumentation and in the software).Even if you receive multiple EULAs, youare licensed to use only one (1) copy ofthe SOFTWARE.
•SOFTWARE Transfer: You maypermanently transfer your rights underthis EULA only as part of a sale ortransfer of the DEVICES, provided youretain no copies, you transfer all of theSOFTWARE (including all componentparts, the media and printed materials,any upgrades, and, if applicable, theCertificate(s) of Authenticity), and therecipient agrees to the terms of thisEULA. If the SOFTWARE is an upgrade,any transfer must include all priorversions of the SOFTWARE.
•Termination: Without prejudice to anyother rights, FORD MOTOR COMPANYmay terminate this EULA if you fail tocomply with the terms and conditionsof this EULA.
•Internet-Based ServicesComponents: The SOFTWARE maycontain components that enable andfacilitate the use of certainInternet-based services. Youacknowledge and agree that FORDMOTOR COMPANY, third partysoftware and service suppliers, itsaffiliates and/or its designated agentmay automatically check the versionof the SOFTWARE and/or itscomponents that you are utilizing andmay provide upgrades or supplementsto the SOFTWARE that may beautomatically downloaded to yourDEVICES.
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•Additional Software/Services: TheSOFTWARE may permit FORD MOTORCOMPANY, third party software andservice suppliers, its affiliates and/orits designated agent to provide or makeavailable to you SOFTWARE updates,supplements, add-on components, orInternet-based services componentsof the SOFTWARE after the date youobtain your initial copy of theSOFTWARE ("SupplementalComponents".) SOFTWARE updatesmay cause you to incur additionalcharges from your wireless serviceprovider. If FORD MOTOR COMPANYor third party software and servicessuppliers provide or make available toyou Supplemental Components andno other EULA terms are providedalong with the SupplementalComponents, then the terms of thisEULA shall apply. FORD MOTORCOMPANY, its affiliates and/or itsdesignated agent reserve the right todiscontinue without liability anyInternet-based services provided toyou or made available to you throughthe use of the SOFTWARE.
•Links to Third Party Sites: TheSOFTWARE may provide you with theability to link to third party sites. Thethird party sites are not under thecontrol of FORD MOTOR COMPANY,its affiliates and/or its designatedagent. Neither FORD MOTORCOMPANY nor its affiliates nor itsdesignated 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 thirdparty sites, or (ii) webcasting or anyother form of transmission receivedfrom any third party sites. If theSOFTWARE provides links to thirdparty sites, those links are provided toyou only as a convenience, and theinclusion of any link does not imply anendorsement of the third party site byFORD MOTOR COMPANY, its affiliatesand/or its designated agent.
•Obligation to Drive Responsibly:You recognize your obligation to driveresponsibly and keep attention on theroad. You will read and abide with theDEVICES operating instructionsparticularly as they pertain to safetyand you agree to assume any riskassociated with the use of theDEVICES.
UPGRADES AND RECOVERY MEDIA:If the SOFTWARE is provided by FORDMOTOR COMPANY separate from theDEVICES on media such as a ROM chip,CD ROM disk(s) or via web download orother means, and is labeled "For UpgradePurposes Only" or "For Recovery PurposesOnly" you may install one (1) copy of suchSOFTWARE onto the DEVICES as areplacement copy for the existingSOFTWARE, and use it in accordance withthis EULA, including any additional EULAterms accompanying the upgradeSOFTWARE.
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INTELLECTUAL PROPERTY RIGHTS:All title and intellectual property rights inand to the SOFTWARE (including but notlimited to any images, photographs,animations, video, audio, music, text and"applets" incorporated into theSOFTWARE), the accompanying printedmaterials, and any copies of theSOFTWARE, are owned by FORD MOTORCOMPANY, or its affiliates or suppliers. TheSOFTWARE is licensed, not sold. You maynot copy the printed materialsaccompanying the SOFTWARE. All titleand intellectual property rights in and tothe content which may be accessedthrough use of the SOFTWARE is theproperty of the respective content ownerand may be protected by applicablecopyright or other intellectual propertylaws and treaties. This EULA grants you norights to use such content outside itsintended use. All rights not specificallygranted under this EULA are reserved byFORD MOTOR COMPANY, its affiliates,and third party software and serviceproviders and suppliers. Use of any on-lineservices which may be accessed throughthe SOFTWARE may be governed by therespective terms of use relating to suchservices. If this SOFTWARE containsdocumentation that is provided only inelectronic form, you may print one copy ofsuch electronic documentation.
EXPORT RESTRICTIONS: Youacknowledge that the SOFTWARE issubject to U.S. and European Union exportjurisdiction. You agree to comply with allapplicable international and national lawsthat apply to the SOFTWARE, includingthe U.S. Export Administration Regulations,as well as end-user, end-use anddestination restrictions issued by U.S. andother governments.
TRADEMARKS: This EULA does not grantyou any rights in connection with anytrademarks or service marks of FORDMOTOR COMPANY, its affiliates, and thirdparty software and service providers.
PRODUCT SUPPORT: Please refer toFORD MOTOR COMPANY instructionsprovided in the documentation for theDEVICES product support, such as thevehicle owner guide.
Should you have any questions concerningthis EULA, or if you desire to contact FORDMOTOR COMPANY for any other reason,please refer to the address provided in thedocumentation for the DEVICES.
No Liability for Certain Damages:EXCEPT AS PROHIBITED BY LAW, FORDMOTOR COMPANY, ANY THIRD PARTYSOFTWARE OR SERVICES SUPPLIERS,AND THEIR AFFILIATES SHALL HAVE NOLIABILITY FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL OR INCIDENTALDAMAGES ARISING FROM OR INCONNECTION WITH THE USE ORPERFORMANCE OF THE SOFTWARE. THISLIMITATION SHALL APPLY EVEN IF ANYREMEDY FAILS OF ITS ESSENTIALPURPOSE. THERE ARE NO WARRANTIESOTHER THAN THOSE THAT MAY BEEXPRESSLY PROVIDED FOR YOUR NEWVEHICLE.
SYNC® Automotive Important SafetyInformation Read and followinstructions:
•Before using your SYNC® system, readand follow all instructions and safetyinformation provided in this end usermanual ("Owner Guide".) Notfollowing precautions found in theOwner Guide can lead to an accidentor other serious injuries.
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General Operation
•Voice Command Control: Certainfunctions within the SYNC® systemmay be accomplished using voicecommands. Using voice commandswhile driving helps you to operate thesystem without removing your handsfrom the wheel or eyes from the road.
•Prolonged Views of Screen: Do notaccess any function requiring aprolonged view of the screen while youare driving. Pull over in a safe and legalmanner before attempting to access afunction of the system requiringprolonged attention.
•Volume Setting: Do not raise thevolume excessively. Keep the volumeat a level where you can still hearoutside traffic and emergency signalswhile driving. Driving while unable tohear these sounds could cause anaccident.
•Navigation Features: Any navigationfeatures included in the system areintended to provide turn by turninstructions to get you to a desireddestination. Please make certain allpersons using this system carefullyread and follow instructions and safetyinformation fully.
•Distraction Hazard: Any navigationfeatures may require manual(non-verbal) setup. Attempting toperform such set-up or insert datawhile driving can distract your attentionand could cause an accident or otherserious injury. Stop the vehicle in a safeand legal manner before attemptingthese operations.
•Let Your Judgment Prevail: Anynavigation features are provided onlyas an aid. Make your driving decisionsbased on your observations of localconditions and existing trafficregulations. Any such feature is not a
substitute for your personal judgment.Any route suggestions made by thissystem should never replace any localtraffic regulations or your personaljudgment or knowledge of safe drivingpractices.
•Route Safety: Do not follow the routesuggestions if doing so would result inan unsafe or illegal maneuver, if youwould be placed in an unsafe situation,or if you would be directed into an areathat you consider unsafe. The driver isultimately responsible for the safeoperation of the vehicle and therefore,must evaluate whether it is safe tofollow the suggested directions.
•Potential Map Inaccuracy: Mapsused by this system may be inaccuratebecause of changes in roads, trafficcontrols or driving conditions. Alwaysuse good judgment and common sensewhen following the suggested routes.
•Emergency Services: Do not rely onany navigation features included in thesystem to route you to emergencyservices. Ask local authorities or anemergency services operator for theselocations. Not all emergency servicessuch as police, fire stations, hospitalsand clinics are likely to be contained inthe map database for such navigationfeatures.
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Your Responsibilities and Assumptions ofRisk
•You agree to each of the following:(a)Any use of the SOFTWARE whiledriving an automobile or other vehiclein violation of applicable law orotherwise driving in an unsafe mannerpresents a significant risk of distracteddriving and should not be attemptedunder any circumstances;(b) Use ofthe SOFTWARE at excessive volumeposes a significant risk of hearingdamage and should not be attemptedunder any circumstances;(c) TheSOFTWARE may not be compatiblewith new or different versions of anoperating system, third party software,or third party services, and theSOFTWARE may potentially cause acritical failure of an operating system,third party software, or third partyservice.(d) Any third party serviceaccessed by or third party softwareused with the SOFTWARE (I) maycharge an additional fee for access, (ii)may not work correctly, on anuninterrupted basis, or error free, (iii)may change streaming formats ordiscontinue operation, (iv) may containadult, profane or offensive content; and(v) may contain inaccurate, false ormisleading traffic, weather, financialor safety information or other content;and (e) Use of the SOFTWARE maycause you to incur additional chargesfrom your wireless service provider(WSP) and any data or minutecalculators that may be included in thesoftware program are for referenceonly, are not warranted in any way andshould not be relied upon in anyway.
•When using the SOFTWARE, you agreeto be responsible for and assume theentire risk to the items set forth inSection (a) – (e) above.
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE ANDAGREE THAT USE OF THE DEVICES ANDSOFTWARE IS AT YOUR SOLE RISK ANDTHAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY,PERFORMANCE, COMPATIBILITY,ACCURACY AND EFFORT IS WITH YOU.TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, THE SOFTWAREAND ANY THIRD PARTY SOFTWARE ORTHIRD-PARTY SERVICES ARE PROVIDED"AS IS" AND “AS AVAILABLE”, WITH ALLFAULTS AND WITHOUT WARRANTY OFANY KIND, AND FORD MOTOR COMPANYHEREBY DISCLAIMS ALL WARRANTIESAND CONDITIONS WITH RESPECT TOTHE SOFTWARE, THIRD PARTYSOFTWARE, AND THIRD-PARTYSERVICES, EITHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESAND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR ANARTICULAR PURPOSE, OF ACCURACY,OF QUIET ENJOYMENT, ANDNON-INFRINGEMENT OF THIRD-PARTYRIGHTS. FORD MOTOR COMPANY DOESNOT WARRANT (a) AGAINSTINTERFERENCE WITH YOUR ENJOYMENTOF THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICES,(b) THAT THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICESWILL MEET YOUR REQUIREMENTS, (c)THAT THE OPERATION OF THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES WILL BEUNINTERRUPTED OR ERROR-FREE, (d)OR THAT DEFECTS IN THE SOFTWARE,THIRD PARTY SOFTWARE, ORTHIRD-PARTY SERVICES WILL BECORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BYFORD MOTOR COMPANY OR ITSAUTHORIZED REPRESENTATIVE SHALL
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CREATE A WARRANTY. SHOULD THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES PROVEDEFECTIVE, YOU ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION. SOMEJURISDICTIONS DO NOT ALLOW THEDISCLAIMER OF IMPLIED WARRANTIESOR LIMITATIONS ON APPLICABLESTATUTORY RIGHTS OF A CONSUMER,SO THE ABOVE DISCLAIMER MAY NOTFULLY APPLY TO YOU. THE SOLEWARRANTY PROVIDED BY FORD MOTORCOMPANY SHALL BE FOUND IN THEWARRANTY INFORMATION INCLUDINGWITH YOUR OWNER GUIDE. TO THEEXTENT THAT THERE IS ANY CONFLICTBETWEEN THE TERMS OF THIS SECTIONAND THE WARRANTY BOOKLET, THEWARRANTY BOOKLET SHALL CONTROL.
Applicable Law, Venue, Jurisdiction
•The laws of the State of Michigangovern this EULA and Your use of theSOFTWARE. Your use of theSOFTWARE may also be subject toother local, state, national, orinternational laws. Any litigation arisingout of or related to this EULA shall bebrought and maintained exclusively ina court of the State of Michiganlocated in Wayne County or in theUnited States District Court for theEastern District of Michigan. You herebyconsent to submit to the personaljurisdiction of a court in the State ofMichigan located in Wayne County andthe United States District Court for theEastern District of Michigan for anydispute arising out of or relating to thisEULA.
Binding Arbitration and Class ActionWaiver
(a) Application. This Section applies toany dispute EXCEPT IT DOES NOTINCLUDE A DISPUTE RELATING TOCOPYRIGHT INFRINGEMENT, OR TO THEENFORCEMENT OR VALIDITY OF YOUR,FORD MOTOR COMPANY, OR ANY OFFORD MOTOR COMPANY’S LICENSORS’INTELLECTUAL PROPERTY RIGHTS.Dispute means any dispute, action, or othercontroversy between You and FORDMOTOR COMPANY, other than theexceptions listed above, concerning theSOFTWARE (including its price) or thisEULA, whether in contract, warranty, tort,statute, regulation, ordinance, or any otherlegal or equitable basis.
(b) Notice of Dispute. In the event of aDispute, You or FORD MOTOR COMPANYmust give the other a “Notice of Dispute”,which is a written statement of the name,address, and contact information of theparty giving it, the facts giving rise to thedispute, and the relief requested. You andFORD MOTOR COMPANY will attempt toresolve any dispute through informalnegotiation within 60 days from the datethe Notice of Dispute is sent. After 60 days,You or FORD MOTOR COMPANY maycommence arbitration.
(c) Small claims court. You may alsolitigate any dispute in small claims courtin your county of residence or FORDMOTOR COMPANY’S principal place ofbusiness, if the dispute meets allrequirements to be heard in the smallclaims court. You may litigate in smallclaims court whether or not Younegotiated informally first.
(d) Binding arbitration. If You and FORDMOTOR COMPANY, do not resolve anydispute by informal negotiation or in smallclaims court, any other effort to resolvethe dispute will be conducted exclusivelyby binding arbitration. You are giving up
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the right to litigate (or participate in as aparty or class member) all disputes in courtbefore a judge or jury. Instead, all disputeswill be resolved before a neutral arbitrator,whose decision will be final except for alimited right of appeal under the FederalArbitration Act. Any court with jurisdictionover the parties may enforce thearbitrator’s award.
(e) Class action waiver. Any proceedingsto resolve or litigate any dispute in anyforum will be conducted solely on anindividual basis. Neither you nor FORDMOTOR COMPANY, will seek to have anydispute heard as a class action, as a privateattorney general action, or in any otherproceeding in which any party acts orproposes to act in a representativecapacity. No arbitration or proceeding willbe combined with another without theprior written consent of all parties to allaffected arbitrations or proceedings.
(f) Arbitration procedure. Anyarbitration will be conducted by theAmerican Arbitration Association (the“AAA”), under its Commercial ArbitrationRules. If You are an individual and use theSOFTWARE for personal or vehicle use, orif the value of the dispute is $75,000 orless whether or not You are an individualor how You use the SOFTWARE, the AAASupplementary Procedures forConsumer-Related Disputes will alsoapply. To commence arbitration, submit aCommercial Arbitration Rules Demand forArbitration form to the AAA. You mayrequest a telephonic or in-person hearingby following the AAA rules. In a disputeinvolving $10,000 or less, any hearing willbe telephonic unless the arbitrator findsgood cause to hold an in-person hearinginstead. For more information, see adr.orgor call 1-800-778-7879. You agree tocommence arbitration only in your countyof residence or FORD MOTOR COMPANY’Sprincipal place of business. The arbitrator
may award the same damages to youindividually as a court could. The arbitratormay award declaratory or injunctive reliefonly to you individually, and only to theextent required to satisfy your individualclaim.
(g) Arbitration fees and incentives.
•I. Disputes involving $75,000 or less.FORD MOTOR COMPANY willpromptly reimburse your filing fees andpay the AAA’s and arbitrator’s fees andexpenses. If you reject FORD MOTORCOMPANY’S last written settlementoffer made before the arbitrator wasappointed (“last written offer”), yourdispute goes all the way to anarbitrator’s decision (called an“award”), and the arbitrator awardsyou more than the last written offer,FORD MOTOR COMPANY will give youthree incentives: (1) pay the greater ofthe award or $1,000; (2) pay twice yourreasonable attorney’s fees, if any; and(3) reimburse any expenses (includingexpert witness fees and costs) thatyour attorney reasonably accrues forinvestigating, preparing, and pursuingyour claim in arbitration. The arbitratorwill determine the amounts.
•ii. Disputes involving more than$75,000. The AAA rules will governpayment of filing fees and the AAA’sand arbitrator’s fees and expenses.
•iii. Disputes involving any amount. Inany arbitration you commence, FORDMOTOR COMPANY will seek its AAAor arbitrator’s fees and expenses, orYour filing fees it reimbursed, only if thearbitrator finds the arbitration frivolousor brought for an improper purpose. Inany arbitration FORD MOTORCOMPANY commences, it will pay all
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filing, AAA, and arbitrator’s fees andexpenses. It will not seek its attorney’sfees or expenses from you in anyarbitration. Fees and expenses are notcounted in determining how much adispute involves.
(h) Claims or disputes must be filedwithin one year. To the extent permittedby law, any claim or dispute under thisEULA to which this Section applies mustbe filed within one year in small claimscourt (Section c) or in arbitration (Sectiond). The one-year period begins when theclaim or dispute first could be filed. If sucha claim or dispute is not filed within oneyear, it is permanently barred.
(I) Severability. If the class action waiver(Section e) is found to be illegal orunenforceable as to all or some parts of adispute, then that portion of Section e willnot apply to those parts. Instead, thoseparts will be severed and proceed in a courtof law, with the remaining parts proceedingin arbitration. If any other provision of thatportion Section e is found to be illegal orunenforceable, that provision will besevered with the remainder of Section eremaining in full force and effect.
Telenav Software End User LicenseAgreement
Please read these terms and conditionscarefully before you use the TeleNavSoftware. Your use of the TeleNavSoftware indicates that you accept theseterms and conditions. If you do not acceptthese terms and conditions, do not breakthe seal of the package, launch, orotherwise use the TeleNav Software.TeleNav may revise this Agreement andthe privacy policy at any time, with orwithout notice to you. You agree to visithttp://www.telenav.com from time to timeto review the then current version of thisAgreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attentionto the TeleNav Software may pose a riskof injury or death to you and others insituations that otherwise require yourundivided attention, and you thereforeagree to comply with the following whenusing the TeleNav Software:
(a) observe all traffic laws and otherwisedrive safely;
(b) use your own personal judgment whiledriving. If you feel that a route suggestedby the TeleNav Software instructs you toperform an unsafe or illegal maneuver,places you in an unsafe situation, or directsyou into an area that you consider to beunsafe, do not follow such instructions;
(c) do not input destinations, or otherwisemanipulate the TeleNav Software, unlessyour vehicle is stationary and parked;
(d) do not use the TeleNav Software forany illegal, unauthorized, unintended,unsafe, hazardous, or unlawful purposes,or in any manner inconsistent with thisAgreement;
(e) arrange all GPS and wireless devicesand cables necessary for use of theTeleNav Software in a secure manner inyour vehicle so that they will not interferewith your driving and will not prevent theoperation of any safety device (such as anairbag).
You agree to indemnify and hold TeleNavharmless against all claims resulting fromany dangerous or otherwise inappropriateuse of the TeleNav Software in any movingvehicle, including as a result of your failureto comply with the directions above.
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2. Account Information
You agree: (a) when registering theTeleNav Software, to provide TeleNav withtrue, accurate, current, and completeinformation about yourself, and (b) toinform TeleNav promptly of any changesto such information, and to keep it true,accurate, current and complete.
3. Software License
•Subject to your compliance with theterms of this Agreement, TeleNavhereby grants to you a personal,non-exclusive, non-transferable license(except as expressly permitted belowin connection with your permanenttransfer of the TeleNav Softwarelicense), without the right tosublicense, to use the TeleNavSoftware (in object code form only) inorder to access and use the TeleNavSoftware. This license shall terminateupon any termination or expiration ofthis Agreement. You agree that you willuse the TeleNav Software only for yourpersonal business or leisure purposes,and not to provide commercialnavigation services to other parties.
3.1 License Limitations
•(a) reverse engineer, decompile,disassemble, translate, modify, alteror otherwise change the TeleNavSoftware or any part thereof; (b)attempt to derive the source code,audio library or structure of theTeleNav Software without the priorexpress written consent of TeleNav;(c) remove from the TeleNavSoftware, or alter, any of TeleNav's orits suppliers' trademarks, trade names,logos, patent or copyright notices, orother notices or markings; (d)
distribute, sublicense or otherwisetransfer the TeleNav Software toothers, except as part of yourpermanent transfer of the TeleNavSoftware; or (e) use the TeleNavSoftware in any manner that
I. infringes the intellectual property orproprietary rights, rights of publicity orprivacy or other rights of any party,
ii. violates any law, statute, ordinance orregulation, including but not limited to lawsand 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 otherwiseobjectionable; and (f) lease, rent out, orotherwise permit unauthorized access bythird parties to the TeleNav Softwarewithout advanced written permission ofTeleNav.
4. Disclaimers
•To the fullest extent permissiblepursuant to applicable law, in no eventwill TeleNav, its licensors and suppliers,or agents or employees of any of theforegoing, be liable for any decisionmade or action taken by you or anyoneelse in reliance on the informationprovided by the TeleNav Software.TeleNav also does not warrant theaccuracy of the map or other data usedfor the TeleNav Software. Such datamay not always reflect reality due to,among other things, road closures,construction, weather, new roads andother changing conditions. You areresponsible for the entire risk arisingout of your use of the TeleNavSoftware. For example but withoutlimitation, you agree not to rely on theTeleNav Software for criticalnavigation in areas where thewell-being or survival of you or others
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is dependent on the accuracy ofnavigation, as the maps or functionalityof the TeleNav Software are notintended to support such high riskapplications, especially in more remotegeographical areas.
•TELENAV EXPRESSLY DISCLAIMSAND EXCLUDES ALL WARRANTIES INCONNECTION WITH THE TELENAVSOFTWARE, WHETHER STATUTORY,EXPRESS OR IMPLIED, INCLUDING ALLWARRANTIES WHICH MAY ARISEFROM COURSE OF DEALING, CUSTOMOR TRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENTOF THIRD PARTY RIGHTS WITHRESPECT TO THE TELENAVSOFTWARE.
•Certain jurisdictions do not permit thedisclaimer of certain warranties, so thislimitation may not apply to you.
5. Limitation of Liability
•TO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAVOR ITS LICENSORS AND SUPPLIERSBE LIABLE TO YOU OR TO ANY THIRDPARTY FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES(INCLUDING IN EACH CASE, BUT NOTLIMITED TO, DAMAGES FOR THEINABILITY TO USE THE EQUIPMENTOR ACCESS DATA, LOSS OF DATA,LOSS OF BUSINESS, LOSS OFPROFITS, BUSINESS INTERRUPTIONOR THE LIKE) ARISING OUT OF THEUSE OF OR INABILITY TO USE THETELENAV SOFTWARE, EVEN IFTELENAV HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY DAMAGESTHAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING,WITHOUT LIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALLDIRECT OR GENERAL DAMAGES INCONTRACT, TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE), THEENTIRE LIABILITY OF TELENAV ANDOF ALL OF TELENAV'S SUPPLIERSSHALL BE LIMITED TO THE AMOUNTACTUALLY PAID BY YOU FOR THETELENAV SOFTWARE. SOME STATESAND/OR JURISDICTIONS DO NOTALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
•You agree that any dispute, claim orcontroversy arising out of or relating tothis Agreement or the TeleNavSoftware shall be settled byindependent arbitration involving aneutral arbitrator and administered bythe American Arbitration Associationin the County of Santa Clara, California.The arbitrator shall apply theCommercial Arbitration Rules of theAmerican Arbitration Association, andthe judgment upon the award renderedby the arbitrator may be entered by anycourt having jurisdiction. Note thatthere is no judge or jury in an arbitrationproceeding and the decision of thearbitrator shall be binding upon bothparties. You expressly agree to waiveyour right to a jury trial. This Agreementand performance hereunder will begoverned by and construed inaccordance with the laws of the Stateof California, without giving effect toits conflict of law provisions. To theextent judicial action is necessary inconnection with the binding arbitration,both TeleNav and you agree to submit
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