license FORD EXPLORER 2013 5.G User Guide

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.
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
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End user notice
MicrosoftWindowsMobile 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.
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.
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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.
TeleNav Software End User License Agreement
Please read these terms and conditions carefully before you use the
TeleNav Software. Your use of the TeleNav Software indicates that
you accept these terms and conditions. If you do not accept these
terms and conditions, do not break the seal of the package, launch,
or otherwise use the TeleNav Software.
TeleNav may revise this Agreement and the privacy policy at any time,
with or without notice to you. You agree to visit http://www.telenav.com
from time to time to review the then current version of this Agreement
and of the privacy policy.
1.Safe and Lawful Use
You acknowledge that devoting attention to the TeleNav Software may
pose a risk of injury or death to you and others in situations that
otherwise require your undivided attention, and you therefore agree to
comply with the following when using the TeleNav Software: (a) observe
all traffic laws and otherwise drive safely; (b) use your own personal
judgment while driving. If you feel that a route suggested by the TeleNav
Software instructs you to perform an unsafe or illegal maneuver, places
you in an unsafe situation, or directs you into an area that you consider
to be unsafe, do not follow such instructions; (c) do not input
destinations, or otherwise manipulate the TeleNav Software, unless your
vehicle is stationary and parked; (d) do not use the TeleNav Software for
any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful
purposes, or in any manner inconsistent with this Agreement; (e)
arrange all GPS and wireless devices and cables necessary for use of the
TeleNav Software in a secure manner in your vehicle so that they will not
interfere with your driving and will not prevent the operation of any
safety device (such as an airbag).
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You agree to indemnify and hold TeleNav harmless against all claims
resulting from any dangerous or otherwise inappropriate use of the
TeleNav Software in any moving vehicle, including as a result of your
failure to comply with the directions above.
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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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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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.
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+4information.
United States Postal Service2009. 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.
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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.
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.
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.
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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 item” 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 EndUser 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 JiWire2013 JiWire.
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.
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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, 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
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