LINCOLN NAVIGATOR 2017 Owners Manual

END USER LICENSE AGREEMENT
VEHICLE SOFTWARE END USER
LICENSE AGREEMENT (EULA)
•
You (“You” or “Your” as applicable) have
acquired a vehicle having several
devices, including SYNC ® and various
control modules, ("DEVICES") that include
software licensed or owned by Ford
Motor Company and its affiliates ("FORD
MOTOR COMPANY"). Those software
products of FORD MOTOR COMPANY
origin, as well as associated media,
printed materials, and "online" or
electronic documentation ("SOFTWARE")
are protected by international intellectual
property laws and treaties. The
SOFTWARE is licensed, not sold. All
rights reserved.
• The SOFTWARE may interface with
and/or communicate with, or may be later
upgraded to interface with and/or
communicate with additional software
and/or systems provided by FORD
MOTOR COMPANY. IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA") DO
NOT USE THE DEVICES OR COPY THE
SOFTWARE. ANY USE OF THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO USE ON
THE DEVICES, WILL CONSTITUTE YOUR
AGREEMENT TO THIS EULA (OR
RATIFICATION OF ANY PREVIOUS
CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA
grants you the following license:
•
You may use the SOFTWARE as installed
on the DEVICES and as otherwise
interfacing with systems and/or services
provide by or through FORD MOTOR
COMPANY or its third party software and
service providers.
Description of Other Rights and Limitations
• Speech Recognition: If the SOFTWARE
includes speech recognition
component(s), you should understand
that speech recognition is an inherently
statistical process and that recognition
errors are inherent in the process.
Neither FORD MOTOR COMPANY nor its suppliers shall be liable for any
damages arising out of errors in the
speech recognition process. It is your
responsibility to monitor any speech
recognition functions included in the
system.
• Limitations on Reverse Engineering,
Decompilation and Disassembly:
You
may not reverse engineer, decompile,
translate, disassemble or attempt to
discover any source code or underlying
ideas or algorithms of the SOFTWARE
nor permit others to reverse engineer,
decompile or disassemble the
SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation or to the
extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.
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•
Limitations on Distributing, Copying,
Modifying and Creating Derivative
Works: You may not distribute, copy,
make modifications to or create
derivative works based on the
SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation or to the
extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.
• Single EULA:
The end user
documentation for the DEVICES and
related systems and services may contain
multiple EULAs, such as multiple
translations and/or multiple media
versions (e.g., in the user documentation
and in the software). Even if you receive
multiple EULAs, you are licensed to use
only one (1) copy of the SOFTWARE. •
SOFTWARE Transfer:
You may
permanently transfer your rights under
this EULA only as part of a sale or transfer
of the DEVICES, provided you retain no
copies, you transfer all of the SOFTWARE
(including all component parts, the media
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
may terminate this EULA if you fail to
comply with the terms and conditions of
this EULA.
• 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 FORD MOTOR COMPANY, third
party software and service suppliers, its
affiliates and/or its 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 DEVICES.
• Additional Software/Services:
The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or its
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".)
SOFTWARE updates may cause you to
incur additional charges from your
wireless service provider. 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. FORD
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MOTOR COMPANY, its affiliates and/or
its 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
SOFTWARE may provide you with the
ability to link to third party sites. The third
party sites are not under the control of
FORD MOTOR COMPANY, its affiliates
and/or its designated agent. Neither
FORD MOTOR COMPANY nor its
affiliates nor its 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 FORD MOTOR COMPANY, its
affiliates and/or its 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
DEVICES operating instructions
particularly as they pertain to safety and
you agree to assume any risk associated with the use of the DEVICES.
UPGRADES AND RECOVERY MEDIA: If the
SOFTWARE is provided by FORD MOTOR
COMPANY separate from the DEVICES 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
DEVICES 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 FORD MOTOR
COMPANY, or its 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 outside its
intended use. All rights not specifically
granted under this EULA are reserved by
FORD MOTOR COMPANY, its affiliates, and
third party software and service providers
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.
TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, its affiliates, and third
party software and service providers.
PRODUCT SUPPORT: Please refer to FORD
MOTOR COMPANY instructions provided in
the documentation for the DEVICES product
support, such as the vehicle owner guide.
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 DEVICES. No Liability for Certain Damages:
EXCEPT
AS PROHIBITED BY LAW, FORD MOTOR
COMPANY, ANY THIRD PARTY SOFTWARE
OR SERVICES SUPPLIERS, 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. THERE ARE NO WARRANTIES
OTHER THAN THOSE THAT MAY BE
EXPRESSLY PROVIDED FOR YOUR NEW
VEHICLE.
SYNC® Automotive Important Safety
Information Read and follow instructions:
• Before using your SYNC® system, read
and follow all instructions and safety
information provided in this end user
manual ("Owner Guide".) Not following
precautions found in the Owner Guide
can lead to an accident or other serious
injuries. General Operation
•
Voice Command Control
: Certain
functions within the SYNC® system may
be accomplished using voice commands.
Using voice commands while driving
helps you to operate the system without
removing your hands from the wheel or
eyes from the road.
• 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.
• 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.
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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 distract
your attention and could cause an
accident or other serious injury. 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.
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Your Responsibilities and Assumptions of
Risk
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•
You agree to each of the following:(a)
Any use of the SOFTWARE while driving
an automobile or other vehicle in
violation of applicable law or otherwise
driving in an unsafe manner presents a
significant risk of distracted driving and
should not be attempted under any
circumstances;(b) Use of the SOFTWARE
at excessive volume poses a significant
risk of hearing damage and should not
be attempted under any
circumstances;(c) The SOFTWARE may
not be compatible with new or different
versions of an operating system, third
party software, or third party services,
and the SOFTWARE may potentially
cause a critical failure of an operating
system, third party software, or third party
service.(d) Any third party service
accessed by or third party software used
with the SOFTWARE (I) may charge an
additional fee for access, (ii) may not
work correctly, on an uninterrupted basis,
or error free, (iii) may change streaming
formats or discontinue operation, (iv) may
contain adult, profane or offensive
content; and (v) may contain inaccurate,
false or misleading traffic, weather, financial or safety information or other
content; and (e) Use of the SOFTWARE
may cause you to incur additional
charges from your wireless service
provider (WSP) and any data or minute
calculators that may be included in the
software program are for reference only,
are not warranted in any way and should
not be relied upon in anyway.
• When using the SOFTWARE, you agree
to be responsible for and assume the
entire risk to the items set forth in Section
(a) – (e) above.
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE DEVICES AND
SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE,
COMPATIBILITY, ACCURACY AND EFFORT
IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE
SOFTWARE AND ANY THIRD PARTY
SOFTWARE OR THIRD-PARTY SERVICES
ARE PROVIDED "AS IS" AND “ AS
AVAILABLE” , WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
FORD MOTOR COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE
SOFTWARE, THIRD PARTY SOFTWARE, AND
THIRD-PARTY SERVICES, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR AN ARTICULAR
PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS. FORD MOTOR
COMPANY DOES NOT WARRANT (a)
AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE, THIRD
PARTY SOFTWARE, OR THIRD-PARTY
SERVICES, (b) THAT THE SOFTWARE, THIRD
PARTY SOFTWARE, OR THIRD-PARTY
SERVICES WILL MEET YOUR
REQUIREMENTS, (c) THAT THE OPERATION
OF THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE,
(d) OR THAT DEFECTS IN THE SOFTWARE,
THIRD PARTY SOFTWARE, OR THIRD-PARTY
SERVICES WILL BE CORRECTED. NO ORAL
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OR WRITTEN INFORMATION OR ADVICE
GIVEN BY FORD MOTOR COMPANY OR ITS
AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE
SOFTWARE, THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE
DISCLAIMER MAY NOT FULLY APPLY TO
YOU. THE SOLE WARRANTY PROVIDED BY
FORD MOTOR COMPANY SHALL BE FOUND
IN THE WARRANTY INFORMATION
INCLUDING WITH YOUR OWNER GUIDE. TO
THE EXTENT THAT THERE IS ANY
CONFLICT BETWEEN THE TERMS OF THIS
SECTION AND THE WARRANTY BOOKLET,
THE WARRANTY BOOKLET SHALL
CONTROL.
Applicable Law, Venue, Jurisdiction
•
The laws of the State of Michigan govern
this EULA and Your use of the
SOFTWARE. Your use of the SOFTWARE
may also be subject to other local, state,
national, or international laws. Any
litigation arising out of or related to this
EULA shall be brought and maintained
exclusively in a court of the State of
Michigan located in Wayne County or in
the United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal
jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.
Binding Arbitration and Class Action Waiver
(a) Application. This Section applies to any
dispute EXCEPT IT DOES NOT INCLUDE A
DISPUTE RELATING TO COPYRIGHT
INFRINGEMENT, OR TO THE
ENFORCEMENT OR VALIDITY OF YOUR,
FORD MOTOR COMPANY, OR ANY OF FORD MOTOR COMPANY’S LICENSORS’
INTELLECTUAL PROPERTY RIGHTS. Dispute
means any dispute, action, or other
controversy between You and FORD MOTOR
COMPANY, other than the exceptions listed
above, concerning the SOFTWARE (including
its price) or this EULA, whether in contract,
warranty, tort, statute, regulation, ordinance,
or any other legal or equitable basis.
(b) Notice of Dispute.
In the event of a
Dispute, You or FORD MOTOR COMPANY
must give the other a “Notice of Dispute ”,
which is a written statement of the name,
address, and contact information of the party
giving it, the facts giving rise to the dispute,
and the relief requested. You and FORD
MOTOR COMPANY will attempt to resolve
any dispute through informal negotiation
within 60 days from the date the Notice of
Dispute is sent. After 60 days, You or FORD
MOTOR COMPANY may commence
arbitration.
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(c) Small claims court. You may also litigate
any dispute in small claims court in your
county of residence or FORD MOTOR
COMPANY’S principal place of business, if
the dispute meets all requirements to be
heard in the small claims court. You may
litigate in small claims court whether or not
You negotiated informally first.
(d) Binding arbitration. If You and FORD
MOTOR COMPANY, do not resolve any
dispute by informal negotiation or in small
claims court, any other effort to resolve the
dispute will be conducted exclusively by
binding arbitration. You are giving up the
right to litigate (or participate in as a party or
class member) all disputes in court before a
judge or jury. Instead, all disputes will be
resolved before a neutral arbitrator, whose
decision will be final except for a limited right
of appeal under the Federal Arbitration Act.
Any court with jurisdiction over the parties
may enforce the arbitrator’ s award.(e) Class action waiver.
Any proceedings to
resolve or litigate any dispute in any forum
will be conducted solely on an individual
basis. Neither you nor FORD MOTOR
COMPANY, will seek to have any dispute
heard as a class action, as a private attorney
general action, or in any other proceeding
in which any party acts or proposes to act in
a representative capacity. No arbitration or
proceeding will be combined with another
without the prior written consent of all parties
to all affected arbitrations or proceedings.
(f ) Arbitration procedure.
Any arbitration
will be conducted by the American
Arbitration Association (the “ AAA”), under its
Commercial Arbitration Rules. If You are an
individual and use the SOFTWARE for
personal or vehicle use, or if the value of the
dispute is $75,000 or less whether or not
You are an individual or how You use the
SOFTWARE, the AAA Supplementary
Procedures for Consumer-Related Disputes
will also apply. To commence arbitration,
submit a Commercial Arbitration Rules
Demand for Arbitration form to the AAA. You
may request a telephonic or in-person
hearing by following the AAA rules. In a dispute involving $10,000 or less, any
hearing will be telephonic unless the
arbitrator finds good cause to hold an
in-person hearing instead. For more
information, see adr.org or call
1-800-778-7879. You agree to commence
arbitration only in your county of residence
or FORD MOTOR COMPANY’S principal
place of business. The arbitrator may award
the same damages to You individually as a
court could. The arbitrator may award
declaratory or injunctive relief only to You
individually, and only to the extent required
to satisfy Your individual claim.
(g) Arbitration fees and incentives.
•
I. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will promptly
reimburse your filing fees and pay the
AAA’ s and arbitrator’ s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement offer
made before the arbitrator was appointed
(“last written offer”), your dispute goes
all the way to an arbitrator’ s decision
(called an “award”), and the arbitrator
awards you more than the last written
offer, FORD MOTOR COMPANY will give
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