LINCOLN MKZ HYBRID 2013 Owners Manual

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").
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. •
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.
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MKZ (CC9) Appendices

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.
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.
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MKZ (CC9) Appendices

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.
Read and follow instructions:
Before using your Windows
Automotive- based system, read and
follow all instructions and safety
information provided in this end user
manual ("User's Guide"). Not
following precautions found in this
User's Guide can lead to an accident
or other serious consequences.
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MKZ (CC9) Appendices

Keep User's Guide in vehicle: When
kept in the vehicle, the User's Guide
will be a ready reference for you and
other users unfamiliar with the
Windows Automotive-based system.
Please make certain that before using
the system for the first time, all
persons have access to the User's
Guide and read its instructions and
safety information carefully.
WARNING
Operating certain parts of this
system while driving can distract
your attention away from the road,
and possibly cause an accident or
other serious consequences. Do not
change system settings or enter data
non-verbally (using your hands) while
driving. Stop the vehicle in a safe and
legal manner before attempting these
operations. This is important since
while setting up or changing some
functions you might be required to
distract your attention away from the
road and remove your hands from the
wheel. General Operation
Voice Command Control: Functions
within the Windows
Automotive-based system may be
accomplished using only voice
commands. Using voice commands
while driving allows you to operate
the system without removing your
hands from the wheel. Prolonged Views of Screen: Do not
access any function requiring a
prolonged view of the screen while
you are driving. Pull over in a safe and
legal manner before attempting to
access a function of the system
requiring prolonged attention. Even
occasional short scans to the screen
may be hazardous if your attention
has been diverted away from your
driving task at a critical time.
Volume Setting: 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 cause an
accident.
Use of Speech Recognition
Functions:
Speech recognition
software is inherently a statistical
process which is subject to errors. It is
your responsibility to monitor any
speech recognition functions included
in the system and address any errors.
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.
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MKZ (CC9) Appendices

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.
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
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MKZ (CC9) Appendices

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.
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
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MKZ (CC9) Appendices

Software in any manner that (i)
infringes the intellectual property or
proprietary rights, rights of publicity
or privacy or other rights of any party,
(ii) violates any law, statute,
ordinance or regulation, including but
not limited to laws and regulations
related to spamming, privacy,
consumer and child protection,
obscenity or defamation, or (iii) is
harmful, threatening, abusive,
harassing, tortuous, defamatory,
vulgar, obscene, libelous, or otherwise
objectionable; and (f) lease, rent out,
or otherwise permit unauthorized
access by third parties to the TeleNav
Software without advanced written
permission of TeleNav.
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
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MKZ (CC9) Appendices

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.
NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN
AND ALL DIRECT OR 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
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MKZ (CC9) Appendices

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.
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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MKZ (CC9) Appendices

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:
NavTeq End User License Agreement
END USER TERMS
The content provided ("Data") is
licensed, not sold. By opening this
package, or installing, copying, or
otherwise using the Data, you agree
to be bound by the terms of this
agreement. If you do not agree to the
terms of this agreement, you are not
permitted to install, copy, use, resell
or transfer the Data. If you wish to
reject the terms of this agreement,
and have not installed, copied, or used
the Data, you must contact your
retailer or NAVTEQ North America,
LLC ("NT") within thirty (30) days of
purchase for a refund of your purchase
price. To contact NT, please visit
www.navteq.com.
The Data is provided for your personal,
internal use only and may not be
resold. It is protected by copyright,
and is subject to the following terms
(this "End User License Agreement")
and conditions which are agreed to by
you, on the one hand, and NAVTEQ
North America, LLC ("NT") and its
licensors (including their licensors and
suppliers) on the other hand.
The Data for areas of Canada includes
information taken with permission
from Canadian authorities, including:
© Her Majesty the Queen in Right of
Canada, © Queen's Printer for Ontario,
© Canada Post Corporation,
GeoBase®.
NT holds a nonexclusive license from
the United States Postal Service ® to
publish and sell ZIP+4 ® information.
© United States Postal Service ®
2009. Prices are not established,
controlled or approved by the United
States Postal Service ® The following
trademarks and registrations are
owned by the USPS: United States
Postal Service, USPS, and ZIP+4.
The Data for Mexico includes certain
Data from Instituto Nacional de
Estadística y Geografía.
TERMS AND CONDITIONS
License Limitations on Use: You
agree that your license to use this
Data is limited to and conditioned on
use for solely personal,
noncommercial purposes, and not for
service bureau, timesharing or other
similar purposes. Except as otherwise
set forth herein, you agree not to
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