LINCOLN MKX 2012 My Lincoln Touch Manual

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.
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)
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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).
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
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objectionable; and (f) lease, rent out, or otherwise permit unauthorized
access by third parties to the TeleNav Software without advanced written
permission of TeleNav.
4.Disclaimers
To the fullest extent permissible pursuant to applicable law, in no event
will TeleNav, its licensors and suppliers, or agents or employees of any of
the foregoing, be liable for any decision made or action taken by you or
anyone else in reliance on the information provided by the TeleNav
Software. TeleNav also does not warrant the accuracy of the map or
other data used for the TeleNav Software. Such data may not always
reflect reality due to, among other things, road closures, construction,
weather, new roads and other changing conditions. You are responsible
for the entire risk arising out of your use of the TeleNav Software. For
example but without limitation, you agree not to rely on the TeleNav
Software for critical navigation in areas where the well-being or survival
of you or others is dependent on the accuracy of navigation, as the maps
or functionality of the TeleNav Software are not intended to support
such high risk applications, especially in more remote geographical areas.
TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES
IN CONNECTION WITH THE TELENAV SOFTWARE, WHETHER
STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES
WHICH MAY ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE
AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO
THE TELENAV SOFTWARE. Certain jurisdictions do not permit the
disclaimer of certain warranties, so this limitation may not apply to you.
5.Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND
SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR
ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE TELENAV SOFTWARE,
EVEN IF TELENAV HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
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NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR
ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR 09/22/09
- 10 of 19 - Confidential GENERAL DAMAGES IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE
LIABILITY OF TELENAV AND OF ALL OF TELENAV’S SUPPLIERS
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR
THE TELENAV SOFTWARE. SOME STATES AND/OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
6.Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or relating
to this Agreement or the TeleNav Software shall be settled by
independent arbitration involving a neutral arbitrator and administered
by the American Arbitration Association in the County of Santa Clara,
California. The arbitrator shall apply the Commercial Arbitration Rules of
the American Arbitration Association, and the judgment upon the award
rendered by the arbitrator may be entered by any court having
jurisdiction. Note that there is no judge or jury in an arbitration
proceeding and the decision of the arbitrator shall be binding upon both
parties. You expressly agree to waive your right to a jury trial.
This Agreement and performance hereunder will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to its conflict of laws provisions. To the extent judicial
action is necessary in connection with the binding arbitration, both
TeleNav and you agree to submit to the exclusive jurisdiction of the
courts of the County of Santa Clara, California. The United Nations
Convention on Contracts for the International Sale of Goods shall not
apply.
7.Assignment
You may not resell, assign, or transfer this Agreement or any of your
rights or obligations, except in totality, in connection with your
permanent transfer of the TeleNav Software, and expressly conditioned
upon the new user of the TeleNav Software agreeing to be bound by the
terms and conditions of this Agreement. Any such sale, assignment or
transfer that is not expressly permitted under this paragraph will result
in immediate termination of this Agreement, without liability to TeleNav,
in which case you and all other parties shall immediately cease all use of
the TeleNav Software. Notwithstanding the foregoing, TeleNav may
assign this Agreement to any other party at any time without notice,
provided the assignee remains bound by this Agreement.
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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.”
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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:
9.1 End User Terms Required by Tele Atlas North America, Inc.
The TeleNav Software utilizes software licensed to TeleNav by Tele Atlas
North America, Inc. (“Tele Atlas”). You may use this software (the “Tele
Atlas Software”) as part of the TeleNav Software subject to the following
terms and conditions:
•You may only use the Tele Atlas Software for internal business or
personal uses.
•Your use of the Tele Atlas Software is otherwise limited by the scope
of the license agreement between Tele Atlas and TeleNav.
•The Tele Atlas Software is the confidential information of Tele Atlas.
•You are prohibited from making any unauthorized copies of the Tele
Atlas Software.
•You are prohibited from removing or obscuring any copyright or
trademark notice, or restrictive legend with respect to the Tele Atlas
Software.
•The liability of Tele Atlas and its suppliers is limited by the limitation
of liability provision set forth above.
•The Tele Atlas Software is provided “as is” and on a “with all faults
basis”, and Tele Atlas and its suppliers expressly disclaim all other
warranties, express or implied, including but not limited to the implied
warranties of non-infringement, merchantability, satisfactory quality,
accuracy, title and fitness for a particular purpose. No oral or written
advice or information provided by Tele Atlas or any of its agents,
employees or third party providers shall create a warranty, and you
are not entitled to rely on any such advice or information. This
disclaimer is an essential condition of this Agreement.
In the event that you are a government entity, the following provisions
apply to you:
U.S. GOVERNMENT RIGHTS. If you are an agency, department, or other
entity of the United States Government, or funded in whole or in part by
the United States Government, then use, duplication, reproduction,
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release, modification, disclosure or transfer of this commercial product
and accompanying documentation, is restricted in accordance with the
LIMITED or RESTRICTED rights as described in DFARS 252.227-
7014(a)(1) (JUN 1995) (DOD commercial computer software definition),
DFARS 227.7202[not ]1 (DOD policy on commercial computer software),
FAR 52.227-19 (JUN 1987) (commercial computer software clause for
civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data
– commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN
1987) (civilian agency technical data and noncommercial computer
software clause); and/or FAR 12.211 and FAR 12.212 (commercial item
acquisitions), as applicable. In case of conflict between any of the FAR
and DFARS provisions listed herein and this Agreement, the construction
that provides greater limitations on the Government’s rights shall control.
Contractor/manufacturer is Tele Atlas North America, Inc., 11 Lafayette
Street, Lebanon, NH 03766[not ]1445. Phone: 603.643.0330. The Tele
Atlas Software is1984-200_ by Tele Atlas North America, Inc. ALL
RIGHTS RESERVED. For purpose of any public disclosure provision
under any federal, state or local law, it is agreed that the Tele Atlas
Software is a trade secret and a proprietary commercial product and not
subject to disclosure.
If you are an agency, department, or other entity of any State
government, the United States Government or any other public entity or
funded in whole or in part by the United States Government, then you
hereby agree to protect the Tele Atlas Software from public disclosure
and to consider the Tele Atlas Software exempt from any statute, law,
regulation, or code, including any Sunshine Act, Public Records Act,
Freedom of Information Act, or equivalent, which permits public access
and/or reproduction or use of the Tele Atlas Software. In the event that
such exemption is challenged under any such laws, this Agreement shall
be considered breached and any and all right to retain any copies or to
use the Tele Atlas Software shall be terminated and considered
immediately null and void. Any copies of the Tele Atlas Software held by
you shall immediately be destroyed. If any court of competent
jurisdiction considers this clause void and unenforceable, in whole or in
part, for any reason, this Agreement shall be considered terminated and
null and void, in its entirety, and any and all copies of the Tele Atlas
Software shall immediately be destroyed.
You acknowledge that the use of the Tele Atlas Software with a non-Tele
Atlas map may result in increased variance between the location
displayed on the map and ground truth location.
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You shall not provide display or allow access to the actual numerical
latitude and longitude coordinates of the Tele Atlas Software.
You are prohibited from using the Tele Atlas Software (i) to create
mailing lists or (ii) for other such similar uses.
Tele Atlas shall be a third party beneficiary of TeleNav’s rights under this
Agreement.
Effective as of May 1st 2007
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.
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
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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
THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA
AND THE GRACENOTE CONTENT ARE LICENSED TO YOU “AS IS.”
NEITHER GRACENOTE MAKES ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY
OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS OR
GRACENOTE CONTENT. GRACENOTE COLLECTIVELY AND
SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR
CONTENT FROM THE COMPANIES’ RESPECTIVE SERVERS OR, IN
THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY
CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS
MADE THAT EITHER GRACENOTE CONTENT OR THE GRACENOTE
SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT
THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR
GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS
NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR
ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO
PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS
ONLINE SERVICES AT ANY TIME. GRACENOTE DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER
GRACENOTE WARRANTS THE RESULTS THAT WILL BE OBTAINED
BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY
GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY
LOST PROFITS OR LOST REVENUES FOR ANY REASON
WHATSOEVER.
Gracenote 2007
FCC ID: KMHSYNCG2 IC: 1422A-SYNCG2
FCC ID: KMHSYNCG2-L IC: 1422A-SYNCG2L
This device complies with Part 15 of the FCC Rules and with RSS-210 of
Industry Canada. 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.
WARNING:Changes or modifications not expressively approved
by the party responsible for compliance could void the user’s
authority to operate the equipment. The term “IC:” before the radio
certification number only signifies that Industry Canada technical
specifications were met.
The antenna used for this transmitter must not be co-located or
operating in conjunction with any other antenna or transmitter.
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