ESP LINCOLN AVIATOR 2023 Owners Manual

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. Telenav 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: TELENAV 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: TELENAV 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 USETHIS 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 TELENAV 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 shall not 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 HERE 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.
651
Appendices

Entire Agreement. These terms and
conditions constitute the entire agreement
between Telenav (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.
Governing Law. The above terms and
conditions shall be governed by the laws of
the State of Illinois [insert “Netherlands”
where European HERE Data is used], 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 [insert “The Netherlands”
where European HERE Data is used] 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 these End-User
Terms, and each copy of 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:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/
SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425 West
Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined
in FAR 2.101 and is subject to these End-
User Terms under which this Data was
provided.
© 1987 – 2014 HERE – 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 HERE prior to
seeking additional or alternative rights in the
Data.
I. US/Canada Territory
A. United States Data. The End-User
Terms for any Application containing Data
for the United States shall contain the
following notices:
“HERE holds a non-exclusive license
from the United States Postal Service®
to publish and sell ZIP+4® information.”
“©United States Postal Service® 20XX.
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.”
652
Appendices

B. Canada Data. The following provisions
apply to the Data for Canada, which may
include or reflect data from third party
licensors (“Third Party Data”), including
Her Majesty the Queen in Right of Canada
(“Her Majesty”), Canada Post Corporation
(“Canada Post”) and the Department of
Natural Resources of Canada (“NRCan”):
1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions:
a. Disclaimer: The Third Party Data is
licensed on an “as is” basis. The
licensors of such data, including Her
Majesty, Canada Post and NRCan,
make no guarantees, representations
or warranties respecting such data,
either express or implied, arising by
law or otherwise, including but not
limited to, effectiveness, complete-
ness, accuracy or fitness for a partic-
ular purpose.b. Limitation on Liability: The Third
Party Data licensors, including Her
Majesty, Canada Post and NRCan,
shall not be liable: (i) 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 such Data; or (ii) in any
way for loss of revenues or contracts,
or any other consequential loss of any
kind resulting from any defect in the
Data.
2. Copyright Notice: In connection with
each copy of all or any portion of the
Data for the Territory of Canada, Client
shall affix in a conspicuous manner the
following copyright notice on at least
one of: (i) the label for the storage media
of the copy; (ii) the packaging for the
copy; or (iii) other materials packaged
with the copy, such as user manuals or
end user license agreements: “This data
includes information taken with permis-sion from Canadian authorities, including
© Her Majesty the Queen in Right of
Canada, © Queen's Printer for Ontario,
© Canada Post Corporation, GeoBase®,
© The Department of Natural Resources
Canada. All rights reserved.”
3. End-User Terms: Except as otherwise
agreed by the parties, in connection with
the provision of any portion of the Data
for the Territory of Canada to End-Users
as may be authorized under the Agree-
ment, Client shall provide such End-
Users, in a reasonably conspicuous
manner, with terms (set forth with other
end user terms required to be provided
653
Appendices

under the Agreement, or as otherwise
may be provided, by Client) which shall
include the following provisions on
behalf of the Third Party Data licensors,
including Her Majesty, Canada Post and
NRCan:
The Data may include or reflect data
of licensors, including Her Majesty the
Queen in the Right of Canada (“Her
Majesty”), Canada Post Corporation
(“Canada Post”) and the Department
of Natural Resources Canada
(“NRCan”). Such data is licensed on
an “as is” basis. The licensors,
including Her Majesty, Canada Post
and NRCan, make no guarantees,
representations or warranties
respecting such data, either express
or implied, arising by law or otherwise,
including but not limited to, effective-
ness, completeness, accuracy or
fitness for a particular purpose. The
licensors, including Her Majesty,
Canada Post and NRCan, shall not be
liable in respect of any claim, demand
or action, irrespective of the nature of
the cause of the claim, demand oraction alleging any loss, injury or
damages, direct or indirect, which may
result from the use or possession of
the data or the Data. The licensors,
including Her Majesty, Canada Post
and NRCan, shall not be liable in any
way for loss of revenues or contracts,
or any other consequential loss of any
kind resulting from any defect in the
data or the Data.
End User shall indemnify and save
harmless the licensors, including Her
Majesty, Canada Post and NRCan, and
their officers, employees and agents
from and against any claim, demand
or action, irrespective of the nature ofthe cause of the claim, demand or
action, alleging loss, costs, expenses,
damages or injuries (including injuries
resulting in death) arising out of the
use or possession of the data or the
Data.
4. Additional Provisions: The terms
contained in this Section are in addition
to all of the rights and obligations of the
parties under the Agreement. To the
extent that any of the provisions of this
Section are inconsistent with, or conflict
with, any other provisions of the Agree-
ment, the provisions of this Section shall
prevail.
654
Appendices

II. Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional de
Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/or
packaging containing Data for Mexico
shall contain the following notice: “Fuente:
INEGI (Instituto Nacional de Estadística y
Geografía)”
III. Latin America Territory
A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy:
Notice Territory
IGN “INSTITUTO
GEOGRAFICO NACIONAL
ARGENTINO” Argentina“INSTITUTO GEOGRAFICO
MILITAR DEL ECUADOR
AUTORIZACION N° IGM-2011-
01- PCO-01 DEL 25 DE ENERO
DE 2011” Ecuador
“source: © IGN 2009 - BD
TOPO ®”
“Fuente: INEGI (Instituto
Nacional de Estadística y
Geografía)” Guade-
loupe,
French
Guiana
and
Marti-
nique
Mexico
IV. Middle East Territory
A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy:Notice Country
“© Royal Jordanian
Geographic Centre”. The fore-
going notice requirement for
Jordan Data is a material term
of the Agreement. If Client or
any of its permitted subli-
censees (if any) fail to meet
such requirement, HERE shall
have the right to terminate
Client’s license with respect to
the Jordan Data. Jordan
B. Jordan Data. Client and its permitted
sublicensees (if any) are restricted from
licensing and/or otherwise distributing
HERE’s database for the country of Jordan
(“Jordan Data”) for use in Enterprise
Applications to (i) non-Jordanian entities
for use of the Jordan Data solely in Jordan
or (ii) Jordan-based customers. In addition,
Client, its permitted sublicensees (if any)
and End-Users are restricted from using
the Jordan Data in Enterprise Applications
if such party is (i) a non-Jordanian entity
using the Jordan Data solely in Jordan or
(ii) a Jordan-based customer. For purposes
655
Appendices

of the foregoing, “Enterprise Applications”
shall mean Geomarketing applications,
GIS applications, mobile business asset
management applications, call center
applications, telematics applications,
public organization Internet applications
or for providing geocoding services.
V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable to
Traffic Codes. Client acknowledges and
agrees that in certain countries of the
Europe Territory, Client will need to
obtain rights directly from third party
RDS-TMC code providers to receive and
use the Traffic Codes in the Data and to
deliver to End-Users Transactions in any
way derived from or based on such
Traffic Codes. For such countries, HERE
shall deliver the Data incorporating
Traffic Codes to Client only after
receiving certification from Client of its
having obtained such rights.2. Display of Third Party Rights Legends
for Belgium. Client shall, for each Trans-
action that uses Traffic Codes for
Belgium, provide the following notice to
the End-User: “Traffic Codes for Belgium
are provided by the Ministerie van de
Vlaamse Gemeenschap and the
Ministèrie de l’Equipement et des
Transports.”
B. Paper Maps. With respect to any license
granted to Client relating to making,
selling or distributing paper maps (i.e., a
map fixed on a paper or paper-like
medium): (a) such license with respect to
Data for the Territory of Great Britain is
conditioned on Client’s entering into and
complying with a separate written agree-
ment with the Ordnance Survey (“OS”) to
create and sell paper maps, Client’s
paying to the OS any and all applicable
paper map royalties, and Client’s
complying with the OS copyright notice
requirements; (b) such license for selling
or otherwise distributing for charge with
respect to Data for the Territory of Czech
Republic is conditioned on Client’s
obtaining prior written consent fromKartografie a.s.; (c) such license for selling
or distributing with respect to Data for the
Territory of Switzerland is conditioned on
Client’s obtaining a permit from
Bundesamt für Landestopografie of
Switzerland; (d) Client is restricted from
using Data for the Territory of France to
create paper maps with a scale between
1:5,000 and 1:250,000; and (e) Client is
restricted from using any Data to create,
sell or distribute paper maps that are the
same or substantially similar, in terms of
data content and specific use of color,
symbols and scale, to paper maps
published by the European national
mapping agencies, including without
limitation, Landervermessungämter of
Germany, Topografische Dienst of the
Netherlands, Nationaal Geografisch
Instituut of Belgium, Bundesamt für
Landestopografie of Switzerland,
Bundesamt für Eich-und Vermessung-
swesen of Austria, and the National Land
Survey of Sweden.
656
Appendices

C. OS Enforcement. Without limiting
Section IV(B) above, with respect to Data
for the Territory of Great Britain, Client
acknowledges and agrees that the
Ordnance Survey (“OS”) may bring a direct
action against Client to enforce compli-
ance with the OS copyright notice (see
Section IV(D) below) and paper map
requirements (see Section IV(B) above)
contained in this Agreement.
D. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy:
Notice Country(ies)
“© Bundesamt für Eich- und
Vermessungswesen” Austria
“© EuroGeographics” Croatia
Cyprus,
Estonia,
Latvia,
Lithuania,Moldova,
Poland,
Slovenia
and/or
Ukraine
“source: © IGN 2009 – BD
TOPO ®” France
“Die Grundlagendaten
wurden mit Genehmigung
der zuständigen Behörden
entnommen” Germany
“Contains Ordnance Survey
data © Crown copyright
and database right 2010
Contains Royal Mail data ©
Royal Mail copyright and
database right 2010” Great Britain
“Copyright Geomatics Ltd.” Greece
“Copyright © 2003; Top-
Map Ltd.” Hungary“La Banca Dati Italiana è
stata prodotta usando
quale riferimento anche
cartografia numerica ed al
tratto prodotta e fornita
dalla Regione Toscana.” Italy
“Copyright © 2000;
Norwegian Mapping
Authority” Norway
“Source: IgeoE – Portugal” Portugal
“Información geográfica
propiedad del CNIG” Spain
“Based upon electronic
data © National Land
Survey Sweden.” Sweden
“Topografische Grundlage:
© Bundesamt für
Landestopographie. Switzerland
E. Respective Country Distribution. Client
acknowledges that HERE has not received
approvals to distribute map data for the
following countries in such respective
countries: Albania, Belarus, Kyrgyzstan,
Moldova and Uzbekistan. HERE may
657
Appendices

update such list from time to time. The
license rights granted to Client under this
TL with respect to the Data for such
countries are contingent upon Client’s
compliance with all applicable laws and
regulations, including, without limitation,
any required licenses or approvals to
distribute the Application incorporating
such Data in such respective countries.
VI. Australia Territory
A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used as
described below corresponding to the
Territory (or portion thereof ) included in
such copy:
Copyright. Based on data provided
under license from PSMA Australia
Limited (www.psma.com.au).Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing RDS-
TMC Traffic Codes for Australia shall
contain the following notice: “Product
incorporates traffic location codes which
is © 20XX Telstra Corporation Limited and
its licensors.”
AT&T Vehicle Network Carrier Telematics
Disclosure
END USER FOR PURPOSES OF THIS
SECTION MEANS YOU AND YOUR HEIRS,
EXECUTORS, LEGAL PERSONAL
REPRESENTATITVES AND PERMITED
ASSIGNS. FOR PURPOSES OF THIS
SECTION “UNDERLYING WIRELESS SERVICE
CARRIER” INCLUDES ITS AFFILIATES AND
CONTRACTORS AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES,
SUCCESSORS AND ASSIGNS. END USER
HAS NO CONTRACTUAL RELATIONSHIPWITH THE UNDERLYING WIRELESS SERVICE
CARRIER AND END USER IS NOT A THIRD
PARTY BENEFICIARY OF ANY AGREEMENT
BETWEEN FORD AND UNDERLYING
CARRIER. END USER UNDERSTANDS AND
AGREES THAT THE UNDERLYING CARRIER
HAS NO LEGAL, EQUITABLE, OR OTHER
LIABILITY OF ANY KIND TO END USER. IN
ANY EVENT, REGARDLESS OF THE FORM
OF THE ACTION, WHETHER FOR BREACH
OF CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR OTHERWISE,
END USER'S EXCLUSIVE REMEDY FOR
CLAIMS ARISING IN ANY WAY IN
CONNECTION WITH THIS AGREEMENT, FOR
ANY CAUSE WHATSOEVER, INCLUDING
BUT NOT LIMITED TO ANY FAILURE OR
DISRUPTION OF SERVICE PROVIDED
HEREUNDER, IS LIMITED TO PAYMENT OF
DAMAGES IN AN AMOUNT NOT TO EXCEED
THE AMOUNT PAID BY END USER FOR THE
SERVICES DURING THE TWO-MONTH
PERIOD PRECEDING THE DATE THE CLAIM
AROSE.
658
Appendices

Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 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
INFROMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED
ON A WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDERNO CIRCUMSTANCES SHALL NAV2’s OR
ITS SUPPLIERS’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Export Control
You agree not to export to 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.
IP Protection
The Data are owned by NAV2 or its suppliers
and are protected by applicable copyright
and other intellectual property law and
treaties. The Data are provided solely on the
basis of a license to use, not sale.Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(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.
Governing Law.
The above terms and conditions shall be
governed by the laws of the People’s
Republic of China, 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. Any dispute arising from
or in connection with the Data provided to
you hereunder shall be submitted to the
Shanghai International Economic and Trade
Arbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote,
Inc., copyright©
661
Appendices

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.
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 otherfunctions. 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.
662
Appendices