service LINCOLN MKX 2016 Owners Manual
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and printed materials, any upgrades, and,
if applicable, the Certificate(s) of
Authenticity), and the recipient agrees to
the terms of this EULA. If the SOFTWARE
is an upgrade, any transfer must include
all prior versions of the SOFTWARE.
• Termination: Without prejudice to any
other rights, FORD MOTOR COMPANY
or MS may terminate this EULA if you fail
to comply with the terms and conditions
of this EULA.
• Security Updates/Digital Rights
Management:
Content owners use the
WMDRM technology included in your
DEVICE to protect their intellectual
property, included copyrighted content.
Portions of the SOFTWARE on your
DEVICE use WMDRM software to access
WMDRM-protected content. If the
WMDRM software fails to protect the
content, content owners may ask
Microsoft to revoke the SOFTWARE's
ability to use WMDRM to play or copy
protected content. This action does not
affect unprotected content. When your
DEVICE downloads licenses for protected
content, you agree that Microsoft may include a revocation list with the licenses.
Content owners may require you to
upgrade the SOFTWARE on your DEVICE
to access their content. If you decline an
upgrade, you will not be able to access
content that requires the upgrade.
• Consent to Use of Data:
You agree that
MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party software
and systems suppliers, their affiliates
and/or their designated agent may collect
and use technical information gathered
in any manner as part of product support
services related to the SOFTWARE or
related services. MS, Microsoft
Corporation, FORD MOTOR COMPANY,
third party software and services
suppliers, their affiliates and/or their
designated agent may use this
information solely to improve their
products or to provide customized
services or technologies to you. MS,
Microsoft Corporation, FORD MOTOR
COMPANY, 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. •
Internet-Based Services Components:
The SOFTWARE may contain
components that enable and facilitate
the use of certain Internet-based
services. You acknowledge and agree
that MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party software
and service suppliers, their affiliates
and/or their designated agent may
automatically check the version of the
SOFTWARE and/or its components that
you are utilizing and may provide
upgrades or supplements to the
SOFTWARE that may be automatically
downloaded to your DEVICE.
• Additional Software/Services:
The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, MS, Microsoft
Corporation, their affiliates and/or their
designated agent to provide or make
available to you SOFTWARE updates,
supplements, add-on components, or
Internet-based services components of
the SOFTWARE after the date you obtain
your initial copy of the SOFTWARE
("Supplemental Components").
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If FORD MOTOR COMPANY or third party
software and services suppliers provide or
make available to you Supplemental
Components and no other EULA terms are
provided along with the Supplemental
Components, then the terms of this EULA
shall apply.
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.
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•
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" or "For
Recovery Purposes Only" you 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 property
rights in and to the content which may be
accessed through use of the SOFTWARE is
the property of the respective content owner
and may be protected by applicable
copyright or other intellectual property laws
and treaties. This EULA grants you no rights
to use such content. All rights not specifically
granted under this EULA are reserved by MS,
Microsoft Corporation, FORD MOTOR
COMPANY, third party software and service
providers, their affiliates and suppliers. Use
of any on-line services which may be
accessed through the SOFTWARE may be
governed by the respective terms of use
relating to such services. If this SOFTWARE
contains documentation that is provided only
in electronic form, you may print one copy
of such electronic documentation.
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EXPORT RESTRICTIONS: You acknowledge
that the SOFTWARE is subject to U.S. and
European Union export jurisdiction. You
agree to comply with all applicable
international and national laws that apply to
the SOFTWARE, including the U.S. Export
Administration Regulations, as well as
end-user, end-use and destination
restrictions issued by U.S. and other
governments. For additional information, see
http://www.microsoft.com/exporting/.
TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, MS, Microsoft
Corporation, third party software or service
providers, their affiliates or suppliers.
PRODUCT SUPPORT:
Product support for
the SOFTWARE is not provided by MS, its
parent corporation Microsoft Corporation, or
their affiliates or subsidiaries. For product
support, please refer to FORD MOTOR
COMPANY instructions provided in the documentation for the DEVICE. Should you
have any questions concerning this EULA,
or if you desire to contact FORD MOTOR
COMPANY for any other reason, please refer
to the address provided in the
documentation for the DEVICE.
No Liability for Certain Damages:
EXCEPT
AS PROHIBITED BY LAW, FORD MOTOR
COMPANY, ANY THIRD PARTY SOFTWARE
OR SERVICES SUPPLIERS, MS, MICROSOFT
CORPORATION AND THEIR AFFILIATES
SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ARISING FROM OR
IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL MS,
MICROSOFT CORPORATION AND/OR THEIR
AFFILIATES BE LIABLE FOR ANY AMOUNT
IN EXCESS OF U.S. TWO HUNDRED FIFTY
DOLLARS (U.S. $250.00).
• THERE ARE NO WARRANTIES OTHER
THAN THOSE THAT MAY EXPRESSLY
BE PROVIDED FOR YOUR NEW VEHICLE. Adobe
Contains Adobe® [Flash® Player] or [AIR®]
technology by Adobe Systems Incorporated.
This [Licensee Product] contains [Adobe®
Flash® Player] [Adobe® AIR®] software under
license from Adobe Systems Incorporated,
Copyright ©1995-2009 Adobe Macromedia
Software LLC. All rights reserved. Adobe,
Flash and AIR are trademarks of Adobe
Systems Incorporated.
End User Notice
Microsoft® Windows® Mobile 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.
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Navigation Features: Any navigation
features included in the system are intended
to provide turn by turn instructions to get you
to a desired destination. Please make certain
all persons using this system carefully read
and follow instructions and safety information
fully.
Distraction Hazard: Any navigation features
may require manual (non-verbal) setup.
Attempting to perform such set-up or insert
data while driving can seriously distract your
attention and could cause an accident or
other serious consequences. Stop the
vehicle in a safe and legal manner before
attempting these operations.
Let Your Judgment Prevail:
Any navigation
features are provided only as an aid. Make
your driving decisions based on your
observations of local conditions and existing
traffic regulations. Any such feature is not a
substitute for your personal judgment. Any
route suggestions made by this system
should never replace any local traffic
regulations or your personal judgment or
knowledge of safe driving practices. Route Safety:
Do not follow the route
suggestions if doing so would result in an
unsafe or illegal maneuver, if you would be
placed in an unsafe situation, or if you would
be directed into an area that you consider
unsafe. The driver is ultimately responsible
for the safe operation of the vehicle and
therefore, must evaluate whether it is safe
to follow the suggested directions.
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.
These terms and conditions represent the
agreement (“
Agreement”) between you and
Telenav, Inc. (“Telenav”) with respect to the
Telenav Software (including upgrades,
modifications, or additions thereto)
(collectively “Telenav Software ”). All
references herein to “you” and “your” means
you, your employees, agents, and
contractors, and any other entity on whose
behalf you accept these terms and
conditions, all of whom shall also be bound
by this Agreement. Additionally, all of your
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account information, as well as other
payment and personal information provided
by you to Telenav (directly or through the
use of the Telenav Software, is subject to
Telenav’
s privacy policy located at
http://www.telenav.com.
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).
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.
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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: 9.1 End User Terms Required by HERE
North America, LLC
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
Telenav (“Telenav”) and its licensors
(including their licensors and suppliers) on
the other hand.
© 2013 HERE. All rights reserved.
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®, © Department of
Natural Resources Canada.
HERE holds a non-exclusive license from the
United States Postal Service® to publish and
sell ZIP+4® information. ©United States Postal Service® 2014. 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
9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
NAV2 (Shanghai) Co., Ltd (“NAV2”) and its
licensors (including their licensors and
suppliers) on the other hand.
© 20xx. All rights reserved.
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Permitted Use.
You agree to use this Data together with the
Telenav Software solely for the internal
business and personal purposes for which
you were licensed, and not for service
bureau, time-sharing or other similar
purposes. Accordingly, but subject to the
restrictions set forth in the following
paragraphs, you agree not to otherwise
reproduce, copy, modify, decompile,
disassemble, create any derivative works of,
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.
Restrictions.
Except where you have been specifically
licensed to do so by Telenav, and without
limiting the preceding paragraph, you may
not use this Data (a) 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 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
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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. ” 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.
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“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 foregoing notice
requirement for Jordan Data is
a material term of the Agree-
ment. If Client or any of its
permitted sublicensees (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
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.
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