ESP HONDA HR-V 2018 Navigation Manual (in English)
[x] Cancel search | Manufacturer: HONDA, Model Year: 2018, Model line: HR-V, Model: HONDA HR-V 2018Pages: 263, PDF Size: 56.63 MB
Page 236 of 263

234
uuLegal InformationuHonda App License Agreement
Reference Information
laws you are responsible to know and
follow. Even occasional short scans of the
screen may be hazardous if your attention
has been diverted away from your driving at
a critical time. Pull over and stop the vehicle
in a safe and legal manner before
attempting to access a function of the
system requiring prolonged attention. Do
not raise the volume excessively. Keep the
volume at a level where you can still hear
outside traffic and emergency signals while
driving. Driving while unable to hear these
sounds could result in a crash.
E. Information Collection and Storage
1. Information Collection, Use, Transmission
and Storage of Data. Consent to Use of
Data: You agree that HONDA and
PROVIDERS may collect and use your
information gathered in any manner as part
of product support services related to the
SOFTWARE or related services. HONDA may
share such information with third parties,
including, without limitation, PROVIDERS,
third party software and services suppliers,
their affiliates and/or their designated
agents, solely to improve their products or
to provide services or technologies to you. HONDA, third party software and systems
suppliers, their affiliates and/or their
designated agent may disclose this
information to others, but not in a form that
personally identifies you.
2. Information Storage. Depending on the
type of multimedia system you have in your
VEHICLE, certain information may be stored
for ease of use of the SOFTWARE including,
without limitation, search history, location
history in certain applications, previous and
saved destinations, map locations within
certain applications, and device numbers
and contact information.
(a) Vehicle Health Information. Your
VEHICLE may remotely transmit information
regarding the status and health of your
VEHICLE (“VEHICLE INFORMATION”) to
HONDA without notification to you.
VEHICLE INFORMATION may contain
VEHICLE maintenance and malfunction
status that is derived from VEHICLE
diagnostic data and includes, but is not
limited to, status of powered doors and
windows, battery life data, battery charging
data, VEHICLE speed, coolant temperature,
air compressor revolution, output power, warning codes, diagnostic trouble codes,
fuel injection volume, and engine rotations
per minute. VEHICLE HEALTH
INFORMATION may be used by HONDA for
research and development, to deliver
HONDA SERVICES and information to you,
and to contact you, and is retained only for
a period of time necessary to fulfill these
goals.
(b) VEHICLE Geolocation Data (non-
navigation/map based). If you opt-in to
geolocation-based SERVICES, your vehicle’s
geolocation data (latitude and longitude)
will be automatically sent from your
VEHICLE to HONDA and PROVIDERS.
(c) You understand that the inputting or
uploading of information to your VEHICLE’s
multimedia system or the SOFTWARE or
SERVICES is at your own risk and that
HONDA is not responsible for unauthorized
access to or use of any personal or other
information. All information uploaded to
the SOFTWARE and SERVICES may be
stored on your VEHICLES’s multimedia
system and you understand that the security
and safety of your VEHICLE’s multimedia
system is your sole responsibility.
Page 237 of 263

235
uuLegal InformationuHonda App License Agreement
Continued
Reference Information
F. NO WARRANTY. You understand and
agree that your use of the SOFTWARE and
SERVICES are solely at your own risk and
that you will be solely responsible for any
damage to your VEHICLE’s multimedia
system or any other equipment or any loss
of data that may result from your use of the
SOFTWARE or SERVICES. THE SOFTWARE
AND SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT
ANY WARRANTY OF ANY KIND,
EXPRESSED, IMPLIED OR STATUTORY. WE
SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. HONDA makes no
warranties that the SOFTWARE or SERVICES
will meet your requirements, or that the
SOFTWARE or SERVICES will be
uninterrupted, timely, secure, non-
infringing or error free. You understand and
agree that you are responsible for any and
all charges, costs or expenses associated
with your use of the SOFTWARE or
SERVICES. Advice or information, whether
oral or written, obtained by you from us or
through the SOFTWARE or SERVICES are
provided for informational purposes only
and will not create any warranty not expressly made herein. You should not rely
on any such information or advice. We
assume no liability or responsibility for any
errors or omissions in the SOFTWARE or
SERVICES. We do not make any warranty or
representation that your use of the material
displayed on, or obtained through, the
SOFTWARE or SERVICES is non-infringing of
any rights of any third party. Any decision or
action taken by you on the basis of
information or content provided via the
application is at your sole discretion and
risk. HONDA and PROVIDERS are not
responsible or liable for any such decision,
or for the accuracy, completeness,
usefulness, or availability of any content or
information displayed, transmitted, or
otherwise made available via the
SOFTWARE or SERVICES. To the extent
jurisdictions do not allow the exclusion of
certain warranties, some of the above
exclusions may not apply to you.G. LIMITATIONS ON LIABILITY. You and
HONDA are each waiving important rights.
1. Limitations on YOUR liability. HONDA
cannot recover from you any consequential,
indirect, incidental, or special damages, or
attorney's fees in connection with your use
of the SOFTWARE or HONDA SERVICES.
HONDA WAIVES TO THE FULLEST EXTENT
ALLOWED BY LAW ANY CLAIM FOR
DAMAGES OTHER THAN DIRECT,
COMPENSATORY DAMAGES AS LIMITED IN
THIS AGREEMENT.
2. Limitation on HONDA and PROVIDER
liability. Neither HONDA nor PROVIDERS will
be liable to you or any other party for
consequential, indirect, incidental, special,
or punitive damages (including without
limitation lost profits) in connection with
your use of the SOFTWARE or SERVICES,
even if HONDA or PROVIDERS are aware of
the possibility of such damages. These
limitations apply to all claims, including,
without limitation, claims in contract and
tort (such as negligence, product liability
and strict liability). To the extent that a
jurisdiction does not permit the exclusion or
limitation of liability as set forth herein our
liability is limited to the maximum extent
Page 238 of 263

236
uuLegal InformationuHonda App License Agreement
Reference Information
permitted by law in such states. If HONDA
or PROVIDERS are found liable to you for
any reason, you agree that the aggregate
liability of all these parties to you for any
claim is limited to ten U.S. dollars (US
$10.00). Neither HONDA nor any PROVIDER
would have agreed to provide the
SOFTWARE or SERVICES to you if you did
not agree to this limitation. This amount is
the sole and exclusive liability of HONDA
and PROVIDERS to you, and is payable as
liquidated damages and not as a penalty.
Except where prohibited by law, you may
not bring any claim against HONDA or any
third-party beneficiary more than two (2)
years after the claim arises. We do not have
any liability for SOFTWARE or SERVICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS For
yourself and anyone else claiming under
you, you agree to release and discharge
HONDA, PROVIDERS, their respective
officers, directors, and employees, and each
third-party beneficiary from all claims,
liabilities and losses in connection with the
SOFTWARE or SERVICES, including, but not
limited to claims for personal injury or
property damage arising from the total or partial failure of performance of the
SOFTWARE or SERVICES, even if caused by
or based upon the negligence, gross
negligence, strict products liability,
Deceptive Trade Practices Act violations,
bad faith, or breach of warranty of us or the
malfunction of the SOFTWARE or
SOFTWARE SERVICES. YOU AGREE TO
WAIVE TO THE FULLEST EXTENT ALLOWED
BY LAW, ANY CLAIM FOR DAMAGES
OTHER THAN DIRECT, COMPENSATORY
DAMAGES AS LIMITED IN THIS
AGREEMENT. YOU HEREBY RELEASE AND
DISCHARGE HONDA AND ITS LICENSORS
AND CONTRACTORS (INCLUDING ANY
THIRD PARTIES PROVIDING ALL OR PART OF
THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES,
EXPENSES AND LIABILITY ARISING FROM
OR RELATED TO ANY INJURIES, DAMAGES,
OR LOSSES TO ANY PERSON (INCLUDING
DEATH) OR PROPERTY OF ANY KIND
RESULTING IN WHOLE OR PART, DIRECTLY
OR INDIRECTLY, FROM YOUR USE OF THE
SOFTWARE OR SERVICES.H. Survival. You agree that the limitations
of liability and indemnities in this
AGREEMENT will survive even after the
AGREEMENT has ended. These limitations
of liability apply not only to you, but to
anyone using the SOFTWARE or SERVICES
via your VEHICLE, to anyone making a claim
on your behalf, and to any claims made by
your family, employees, customers, or
others arising out of or relating to your
VEHICLE, the SOFTWARE, or SERVICES.
I. Availability/Interruption. The
SOFTWARE and certain SERVICES are made
available through your VEHICLE’s
compatible multimedia system when the
VEHICLE is turned on. Certain SERVICES
may be available only through your
compatible mobile device when it is within
the operating range of the VEHICLE and a
wireless carrier. The availability of the
SOFTWARE and SERVICES may be subject to
transmission limitation or interruption,
including limitation or but not limited to
technical obsolesce or sunsetting of the
hardware, software or firmware, inside of
or external to the Vehicle, required for data
transmission or receipt. HONDA does not
guarantee that the SOFTWARE, SERVICES,
Page 239 of 263

237
uuLegal InformationuHonda App License Agreement
Continued
Reference Information
or any portion thereof will be available at all
times or in all areas. You acknowledge and
agree that HONDA is not responsible for
performance degradation, interruption or
delays. You acknowledge that HONDA shall
not be liable to you if the SOFTWARE or
SERVICES in a given location are not
available. If the SOFTWARE or SERVICES are
not available within your intended location,
you agree that your sole remedy shall be to
cease using the SOFTWARE and SERVICES.
J. PRODUCT SUPPORT: Product support
for the SOFTWARE is provided by HONDA.
For product support, please refer to HONDA
instructions provided in the
DOCUMENTATION. Should you have any
questions concerning this AGREEMENT, or
if you desire to contact HONDA for any
other reason, please refer to the HONDA
contact information provided in the
DOCUMENTATION.
K. Termination and Transfer.
1. Termination. This AGREEMENT is
effective until terminated by you or US. WE
may terminate this AGREEMENT for any or
no reason, and with or without notice to you. Your rights under this AGREEMENT will
terminate automatically without notice
from US if you fail to comply with any term
of this AGREEMENT. Upon termination of
this AGREEMENT, you shall cease all use of
the SOFTWARE and SERVICES.
2. Transfer: You may permanently transfer
your rights under this AGREEMENT only as
part of a sale or transfer of the VEHICLE,
provided you retain no copies, you transfer
all of the SOFTWARE and HONDA SERVICES
(including all component parts, the media
and printed materials, and any upgrades),
and the recipient agrees to the terms of this
AGREEMENT. You agree to notify HONDA
upon the sale or transfer of the VEHICLE. To
contact HONDA, please refer to the HONDA
contact information provided in the
DOCUMENTATION.
L. Changes to the SOFTWARE or
SERVICES. WE may change, modify, or
update the SOFTWARE or SERVICES from
time to time. Unless explicitly stated
otherwise, any new features or services that
augment or enhance the SOFTWARE or
SERVICES in the future shall respectively be
considered part of the SOFTWARE or SERVICES and subject to this AGREEMENT.
WE reserve the right at any time and from
time to time to interrupt, restrict, modify,
suspend, discontinue, temporarily or
permanently, the SOFTWARE or SERVICES
(or any portion thereof), with or without
notice to you, and you agree that HONDA
shall not be liable to you or to any third
party for any modification, suspension or
discontinuance of the SOFTWARE or
SERVICES.
M. ARBITRATION:
PLEASE READ THIS ARBITRATION
PROVISION CAREFULLY TO UNDERSTAND
YOUR RIGHTS. YOU AGREE THAT ANY
CLAIM THAT YOU MAY HAVE IN THE
FUTURE MUST BE RESOLVED THROUGH
BINDING ARBITRATION. YOU WAIVE THE
RIGHT TO HAVE YOUR DISPUTE HEARD IN
COURT AND WAIVE THE RIGHT TO BRING
CLASS CLAIMS. YOU UNDERSTAND THAT
DISCOVERY AND APPEAL RIGHTS ARE
MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim,
dispute or controversy without filing a
lawsuit. By agreeing to arbitrate, the right
to go to court is waived and instead claims,
Page 240 of 263

238
uuLegal InformationuHonda App License Agreement
Reference Information
disputes or controversies are submitted to
binding arbitration. This provision sets forth
the terms and conditions of our agreement.
YOU and HONDA agree and acknowledge
that this Agreement affects interstate
commerce and the Federal Arbitration Act
(“FAA”) applies. By using the Software,
Vehicle, or Services, YOU elect to have
disputes resolved by arbitration. YOU,
HONDA or any involved third party may
pursue a Claim. “Claim” means any dispute
between YOU, HONDA, or any involved
third party relating to your use of the
Software, the Vehicle, or the Services, this
Agreement, or our relationship, including
any representations, omissions or
warranties. “Claim” does not include
personal injury or wrongful death claims.
YOU or HONDA may seek remedies in small
claims court or provisional judicial remedies
without arbitrating. In addition,
notwithstanding anything herein to the
contrary, YOU or HONDA may seek
equitable relief in a court of competent
jurisdiction.
YOU or HONDA may select arbitration with
American Arbitration Association, JAMS or
National Arbitration and Mediation. Contact these sponsors for their rules. The
hearing will be in the federal district where
YOU reside. If agreed, it may be by
telephone or written submissions. Filing and
arbitrator fees to be paid per the sponsor
rules. You may contact the sponsor for a fee
waiver. If no fee waivers, HONDA will pay
filing and arbitrator fees up to $5,000,
unless law requires more. Each party is
responsible for other fees. Arbitrator may
award costs or fees to prevailing party, if
permitted by law. HONDA will not seek
fees, unless the claims are frivolous.
Arbitrator shall be an attorney or current or
retired judge familiar with automotive or
consumer software. The arbitrator shall
follow substantive law, statute of limitations
and decide all issues relating to the
interpretation, construction, enforceability
and applicability of this provision. The
arbitrator may order relief permitted by law.
This provision is governed and enforceable
by the FAA. An award shall include a
written opinion and be final, subject to
appeal by the FAA.
This provision survives termination of this
Agreement or relationship, bankruptcy, assignment or transfer. If part of this
provision is unenforceable, the remainder
remains in effect. If unenforceability allows
arbitration as a class action, then this
provision is entirely unenforceable. YOU
may opt out within 30 days of your initial
use of the Software by sending a signed,
written notice to HONDA at Honda
Financial Services, P.O. Box 165007, Irving,
TX 75016. HONDA reserves the right to
make changes to this provision after
providing written notice and an opportunity
to opt out.
N. Miscellaneous: You may not assign this
AGREEMENT without HONDA’s prior
written consent. This AGREEMENT and any
additional HONDA TERMS and PROVIDER
TERMS represents the entire agreement
between you and US. HONDA may amend
the terms of this AGREEMENT by providing
you with notices of such updated terms. If
you do not consent to be bound by the
updated terms, your sole remedy will be to
cease using the SOFTWARE and SERVICES.
If any part of this AGREEMENT is found
invalid, void, or unenforceable, the balance
of the AGREEMENT will remain valid and
enforceable according to its terms. To the
Page 242 of 263

240
uuLegal InformationuUser Agreement
Reference Information
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 any positioning
devices or any mobile or wireless-connected
electronic or computer devices, including
without limitation cellular phones, palmtop
and handheld computers, pagers, and
personal digital assistants or PDAs.
Warning. The 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.
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 THE INFORMATION; 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 INFORMATION, ANY DEFECT IN THE
INFORMATION, 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
provided to you or any direct product
thereof except in compliance with, and with
all licenses and approvals required under,
applicable export laws, rules and
regulations.
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
Page 243 of 263

241
uuLegal InformationuAs required by the FCC
Reference Information
existing between us with respect to such
subject matter.
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 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
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 the Data delivered or
otherwise furnished shall be marked and
embedded as appropriate with the
following “Notice of Use,” and shall be
treated in accordance with such Notice:Contractor (Manufacturer/ Supplier) Name:
NAVTEQ
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: 425 West Randolph
St., Chicago, Illinois 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.
© 2012 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.■NOTICE OF USEAs required by the FCC
1.This device complies with Part 15 of the
FCC Rules and Canadian RSS-210/
RSSGen. 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.
2.The FCC requires the user to be notified
that any changes or modifications made
to this device that are not expressly
approved by the party responsible for
compliance may void the user’s authority
to operate the equipment.
3.This product emits radio frequency
energy, but the radiated output power of
this device is far below the FCC and IC
radio frequency exposure limits. This
equipment complies with FCC and IC RF
radiation exposure limits set forth for an
uncontrolled environment. Nevertheless,
the device should be used in such a
manner that the potential for human
contact with the antenna during normal
operation is minimized.