two-way radios, telephones and theft alarms. Any such equipment should comply with the Federal Communications Commission (FCC) and Canadian Radio Telecommunications Commission (CRTC) regulations, and an authorized dealer should install this equipment.
• An authorized dealer should install mobile communications systems. Improper installation may harm the operation of your vehicle, particular if their manufacturer did not design the mobile communication system specifically for automotive use. If you or an authorized dealer add any non-Ford electrical or electronic accessories or components to your vehicle, you may adversely affect battery performance and durability. In addition, you may also adversely affect the performance of other electrical systems in the vehicle.
•
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Extended Service Plan (ESP)
PROTECT YOURSELF FROM THE RISING COST OF VEHICLE REPAIRS WITH A FORD EXTENDED SERVICE PLAN. SERVICE PLANS (U.S. Only) More than 32 million Ford owners have discovered the powerful protection of Ford Extended Service Plan. It is the extended service plan backed by Ford Motor Company, and provides peace of mind protection beyond the New Vehicle Limited Warranty coverage. Ford ESP Can Quickly Pay for Itself One service bill – the cost of parts and labor – can easily exceed the price of your Ford Extended Service Plan. With Ford ESP you minimize your risk for unexpected repair bills and rising repair costs. Up to 1,000+ Covered Vehicle Components There are four core Extended Service Plans with different levels of coverage. Ask your authorized dealer for details. 1. PremiumCARE - Our most
comprehensive coverage. With over 1,000 covered components, this plan is so complete that we generally only discuss what’s not covered.
2. ExtraCARE - Covers 113 components, and includes many high-tech items. 3. BaseCARE - Covers 84 components. 4. PowertrainCARE - Covers 29 critical
components.
Ford Extended Service Plan is honored by all authorized Ford dealers in the U.S., Canada and Mexico. It is the extended service plan authorized and backed by Ford Motor Company.
That means you get: • Reliable, quality service at any Ford or
Lincoln dealership
• Repairs performed by factory trained
technicians, using genuine parts
Rental Car Reimbursement 1st day Rental Benefit You take advantage of replacement transportation if your vehicle is at your authorized dealer for same day covered repairs. Extended Rental Benefits If your vehicle is kept overnight for covered repairs, you are eligible for rental car coverage, including bumper to bumper warranty repairs, and Field Service Actions. Roadside Assistance Exclusive 24/7 roadside assistance, including: •
Towing, flat-tire change and battery jump starts
• Out of fuel and lock-out assistance. •
Travel expense reimbursement for lodging, meals and rental car.
• Destination assistance for taxi, shuttle,
rental car coverage and emergency transportation.
Transferable Coverage If you sell your vehicle before your Ford Extended Service Plan coverage expires, you can transfer any remaining coverage to the new owner. Whenever you sell your vehicle, prospective buyers may have a higher degree of confidence that vehicle was properly maintained with Ford ESP, thereby improving resale value.
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Extended Service Plan (ESP)
Avoid the Rising Cost of Properly Maintaining Your Vehicle! Ford Extended Service Plan also offers a Premium Maintenance Plan that covers all scheduled maintenance, and selected wear items. The coverage is prepaid, so you never have to worry about affording your vehicle’s maintenance. It covers regular checkups, routine inspections, preventive care and replacement of select items that require periodic attention for normal wear: • Windshield wiper blades. • • • • • • •
Spark plugs. The clutch disc. Brake pads and linings. Shock absorbers. Struts. Engine Belts. Engine coolant hoses, clamps and o-rings.
• Diesel exhaust fluid replenishment.
Interest Free Finance Options
Available
Take advantage of our interest free
installment payment plan. Just a 10%
down payment will provide you with an
affordable, no interest, no fee payment
program allowing you all the security and
benefits Ford ESP has to offer while paying
over time. You are pre-approved with no
credit checks, no hassles! To learn more,
call our Ford ESP specialists at
800-367-3377.
Ford ESP
P.O. Box 321067
Detroit, MI 48232
SERVICE PLANS (CANADA ONLY) You can get more protection for your vehicle by purchasing a Ford Extended Service Plan. Ford Extended Service Plan is the only service contract backed by Ford Motor Company of Canada, Limited. Depending on the plan you purchase, Ford Extended Service Plan provides benefits such as: • Rental reimbursement. • Coverage for certain maintenance and
wear items.
• Protection against repair costs after your New Vehicle Limited Warranty Coverage expires.
• Roadside Assistance benefits. There are several Ford Extended Service Plans available in various time, distance and deductible combinations. Each plan is tailored to fit your own driving needs, including reimbursement for towing and rental. When you purchase Ford Extended Service Plan, you receive added peace-of-mind protection throughout Canada, the United States and Mexico, provided by a network of participating authorized Ford Motor Company dealers. Note: Repairs performed outside of Canada, the United States and Mexico are not eligible for Ford Extended Service Plan coverage. This information is subject to change. For more information, visit your local Ford of Canada dealer or www.ford.ca to find the Ford Extended Service Plan that is right for you.
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Scheduled Maintenance
GENERAL MAINTENANCE INFORMATION Why Maintain Your Vehicle? Carefully following the maintenance schedule helps protect against major repair expenses resulting from neglect or inadequate maintenance and may help to increase the value of your vehicle when you sell or trade it. Keep all receipts for completed maintenance with your vehicle. We have established regular maintenance intervals for your vehicle based upon rigorous testing. It is important that you have your vehicle serviced at the proper times. These intervals serve two purposes; one is to maintain the reliability of your vehicle and the second is to keep your cost of owning your vehicle down. It is your responsibility to have all scheduled maintenance performed and to make sure that the materials used meet the specifications identified in this owner's manual. See Capacities and Specifications (page 268). Failure to perform scheduled maintenance invalidates warranty coverage on parts affected by the lack of maintenance. Why Maintain Your Vehicle at Your Dealership? Factory-Trained Technicians Service technicians participate in extensive factory-sponsored certification training to help them become experts on the operation of your vehicle. Ask your dealership about the training and certification their technicians have received.
Genuine Ford and Motorcraft® Replacement Parts Dealerships stock Ford, Motorcraft and Ford-authorized branded re-manufactured replacement parts. These parts meet or exceed our specifications. Parts installed at your dealership carry a nationwide 24-month or unlimited mile (kilometer) parts and labor limited warranty. If you do not use Ford authorized parts they may not meet our specifications and depending on the part, it could affect emissions compliance. Convenience Many dealerships have extended evening and Saturday hours to make your service visit more convenient and they offer one stop shopping. They can perform any services that are required on your vehicle, from general maintenance to collision repairs. Note: Not all dealers have extended hours or body shops. Please contact your dealer for details. Protecting Your Investment Maintenance is an investment that pays dividends in the form of improved reliability, durability and resale value. To maintain the proper performance of your vehicle and its emission control systems, make sure you have scheduled maintenance performed at the designated intervals. Your vehicle is equipped with the Intelligent Oil-Life Monitor system, which displays a message in the information display at the proper oil change interval. This interval may be up to one year or 10000 miles (16000 kilometers).
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Scheduled Maintenance
When the oil change message appears in
the information display, it is time for an oil
change. Make sure you perform the oil
change within two weeks or 500 miles
(800 kilometers) of the message
appearing. Make sure you reset the
Intelligent Oil-Life Monitor after each oil
change. See General Information (page
84).
If your information display resets
prematurely or becomes inoperative, you
should perform the oil change interval at
six months or 5000 miles (8000
kilometers) from your last oil change.
Never exceed one year or 10000 miles
(16000 kilometers) between oil change
intervals.
Your vehicle is very sophisticated and built
with multiple, complex, performance
systems. Every manufacturer develops
these systems using different
specifications and performance features.
That is why it is important to rely upon your
dealership to properly diagnose and repair
your vehicle.
Ford Motor Company has recommended
maintenance intervals for various parts
and component systems based upon
engineering testing. Ford Motor Company
relies upon this testing to determine the
most appropriate mileage for replacement
of oils and fluids to protect your vehicle at
the lowest overall cost to you and
recommends against maintenance
schedules that deviate from the scheduled
maintenance information.
We strongly recommend the use of only
genuine Ford, Motorcraft or
Ford-authorized re-manufactured
replacement parts engineered for your
vehicle.
Additives and Chemicals This owner's manual and the Ford Workshop Manual list the recommended additives and chemicals for your vehicle. We do not recommend using chemicals or additives not approved by us as part of your vehicle’s normal maintenance. Please consult your warranty information. Oils, Fluids and Flushing In many cases, fluid discoloration is a normal operating characteristic and, by itself, does not necessarily indicate a concern or that the fluid needs to be changed. However, a qualified expert, such as the factory-trained technicians at your dealership, should inspect discolored fluids that also show signs of overheating or foreign material contamination immediately. Make sure to change your vehicle’s oils and fluids at the specified intervals or in conjunction with a repair. Flushing is a viable way to change fluid for many vehicle sub-systems during scheduled maintenance. It is critical that systems are flushed only with new fluid that is the same as that required to fill and operate the system or using a Ford-approved flushing chemical. Owner Checks and Services Make sure you perform the following basic maintenance checks and inspections every month or at six-month intervals.
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Scheduled Maintenance
Check every month
Engine oil level.
Function of all interior and exterior lights.
Tires (including spare) for wear and proper pressure.
Windshield washer fluid level.
Check every six months
Battery connections. Clean if necessary.
Body and door drain holes for obstructions. Clean if necessary.
Cooling system fluid level and coolant strength.
Door weatherstrips for wear. Lubricate if necessary.
Hinges, latches and outside locks for proper operation. Lubricate if necessary.
Parking brake for proper operation.
Safety belts and seat latches for wear and function.
Safety warning lamps (brake, ABS, airbag and safety belt) for operation. Washer spray and wiper operation. Clean or replace blades as necessary.
Multi-Point Inspection In order to keep your vehicle running right, it is important to have the systems on your vehicle checked regularly. This can help identify potential issues and prevent major problems. We recommend having the following multi-point inspection performed at every scheduled maintenance interval to help make sure your vehicle keeps running great.
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Scheduled Maintenance
Multi-Point inspection
Accessory drive belt(s) Battery performance
Engine air filter
Exhaust system
Exterior lamps operation
Fluid levels*; fill if necessary
For oil and fluid leaks Half-shaft dust boots
Hazard warning system operation
Horn operation
Radiator, cooler, heater and air conditioning
hoses
Suspension components for leaks or
damage
Steering and linkage
Tires (including spare) for wear and proper
pressure**
Windshield for cracks, chips or pits Washer spray and wiper operation
* Brake, coolant recovery reservoir, automatic transmission and window washer **If your vehicle is equipped with a temporary mobility kit, check the tire sealant expiration Use By date on the canister. Replace as needed.
This means you do not have to remember to change the oil on a mileage-based schedule. Your vehicle lets you know when an oil change is due by displaying a message in the information display. The following table provides examples of vehicle use and its impact on oil change intervals. It is a guideline only. Actual oil change intervals depend on several factors and generally decrease with severity of use.
Be sure to ask your dealership service advisor or technician about the multi-point vehicle inspection. It is a comprehensive way to perform a thorough inspection of your vehicle. Your checklist gives you immediate feedback on the overall condition of your vehicle. NORMAL SCHEDULED MAINTENANCE Intelligent Oil-Life Monitor™ Your vehicle is equipped with an Intelligent Oil-Life Monitor that determines when you should change the engine oil based on how your vehicle is used. By using several important factors in its calculations, the monitor helps reduce the cost of owning your vehicle and reduces environmental waste at the same time.
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Scheduled Maintenance
When to expect the message prompting you to change your oil
Interval
7,000–10,000 mi
(12,000–16,000 km)
5,000–7,000 mi
(8,000–11,999 km)
3,000–5,000 mi (4,800–7,999 km)
Vehicle use and example
Normal
Normal commuting with highway driving No, or moderate, load or towing Flat to moderately hilly roads No extended idling
Severe Moderate to heavy load or towing Mountainous or off-road conditions Extended idling Extended hot or cold operation
Extreme
Maximum load or towing Extreme hot or cold operation
Normal Maintenance Intervals
At every oil change interval as indicated by the information display*
Change engine oil and filter.** Rotate tires, inspect tire wear and measure tread depth. Perform a multi-point inspection (recommended). Inspect the automatic transmission fluid level (if equipped with dipstick). Consult your dealer for requirements. Inspect the brake pads, rotors, hoses and parking brake. Inspect the engine cooling system strength and hoses. Inspect the exhaust system and heat shields. Inspect rear axle and U-joints. Lubricate if equipped with grease fittings.
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At every oil change interval as indicated by the information display*
Inspect the half-shaft boots. Inspect the steering linkage, ball joints, suspension, tie-rod ends, driveshaft and U-joints. Lubricate any areas with grease fittings. Inspect the wheels and related components for abnormal noise, wear, looseness or drag.
* Do not exceed one year or 10,000 mi (16,000 km) between service intervals.
** Reset the Intelligent Oil-Life Monitor after engine oil and filter changes.
Every 20,000 mi (32,000 km) Every 30,000 mi (48,000 km) At 100,000 mi (160,000 km)
Every 100,000 mi (160,000 km)
Every 150,000 mi (240,000 km)
Other maintenance items 1
Replace cabin air filter.
Replace engine air filter.
Change engine coolant. 2
Replace spark plugs.
Inspect accessory drive belt(s). 3
Change automatic transmission fluid and filter.
Change manual transmission fluid.
Replace accessory drive belt(s).
1 Perform these maintenance items within 3,000 mi (4,800 km) of the last engine oil and filter change. Do not exceed the designated distance for the interval. 2 Initial replacement at six years or 100,000 mi (160,000 km), then every three years or 50,000 mi (80,000 km). 3 After initial inspection, inspect every other oil change until replaced.
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SPECIAL OPERATING CONDITIONS SCHEDULED MAINTENANCE If you operate your vehicle primarily in any of the following conditions, you need to perform extra maintenance, as indicated. If you operate your vehicle occasionally under any of these conditions, it is not necessary to perform the extra maintenance. For specific recommendations, see your dealership service advisor or technician.
Perform the services shown in the following tables when specified or within 3,000 mi (4,800 km) of a message appearing in the information display prompting you to change your oil. • Example 1: The message comes on at
28,751 mi (46,270 km). Perform the 30,000 mi (48,000 km) automatic transmission fluid replacement.
• Example 2: The message has not come on, but the odometer reads 30,000 mi (48,000 km) (for example, the Intelligent Oil-Life Monitor was reset at 25,000 mi (40,000 km)). Perform the engine air filter replacement.
Towing a trailer or using a car-top carrier
As required
Inspect frequently, service as required
Every 60,000 mi (96,000 km)
Change engine oil and filter as indicated by the information display and perform services listed in the Normal Sched- uled Maintenance chart. Inspect rear axle and U-joints. Lubricate if equipped with grease fittings. See axle maintenance items under Exceptions. Change manual transmission fluid. Replace spark plugs.
Extensive idling or low-speed driving for long distances, as in heavy commercial use
(such as delivery, taxi, patrol car or livery)
As required
Inspect frequently, service as required Every 15,000 mi (24,000 km) Every 60,000 mi (96,000 km)
Change engine oil and filter as indicated by the information display and perform services listed in the Normal Sched- uled Maintenance chart. Replace cabin air filter.
Inspect engine air filter. Replace as required.
Replace spark plugs.
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Operating in dusty or sandy conditions (such as unpaved or dusty roads)
Inspect frequently, service as required Every 15,000 mi (24,000 km) Every 5,000 mi (8,000 km)
Replace cabin air filter.
Inspect engine air filter. Replace as required.
Inspect the wheels and related components for abnormal noise, wear, looseness or drag. Rotate tires, inspect tires for wear and measure tread depth.
Change engine oil and filter.*
Every 5,000 mi (8,000 km) or six months Every 50,000 mi (80,000 km) *Reset your Intelligent Oil-Life Monitor after each engine oil and filter change.
Change manual transmission fluid.
Exclusive use of E85 (Flex fuel vehicles only)
Every oil change interval
If ran exclusively on E85, fill the fuel tank full with regular unleaded fuel.
Exceptions There are several exceptions to the Normal Schedule: Axle Maintenance Change the axle fluid anytime an axle is submerged in water.
California Fuel Filter Replacement If you register your vehicle in California, the California Air Resources Board has determined that the failure to perform this maintenance item does not nullify the emission warranty or limit recall liability before the completion of your vehicle's useful life. Ford Motor Company, however, urges you to have all recommended maintenance services performed at the specified intervals and to record all vehicle service.
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Scheduled Maintenance
Hot Climate Oil Change Intervals Vehicles operating in the Middle East, North Africa, Sub-Saharan Africa or locations with similar climates using an American Petroleum Institute (API) Certified for Gasoline Engines (Certification mark) oil of SM or SN quality, the normal oil change interval is 3,000 mi (4,800 km). If the available API SM or SN oils are not available, then the oil change interval is 1,800 mi (2,900 km). SCHEDULED MAINTENANCE RECORD
Engine Air Filter and Cabin Air Filter Replacement The life of the engine air filter and cabin air filter is dependent on exposure to dusty and dirty conditions. Vehicles operated in these conditions require frequent inspection and replacement of the engine air filter and cabin air filter.
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampScheduled Maintenance
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampScheduled Maintenance
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampScheduled Maintenance
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampScheduled Maintenance
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampScheduled Maintenance
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampScheduled Maintenance
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E146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampE146852RepairOrder#:Distance:Enginehours(optional):Multi-pointinspection(recommended):Signature:DealerstampAppendices
The MS SOFTWARE and/or FORD 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 third party software and service suppliers. The additional software and services of third party origin, as well as associated media, printed materials, and "online" or electronic documentation ("THIRD PARTY SOFTWARE") are protected by international intellectual property laws and treaties. The THIRD PARTY SOFTWARE is licensed, not sold. All rights reserved. The MS SOFTWARE, FORD SOFTWARE and THIRD PARTY SOFTWARE hereinafter collectively and individually will be referred to as "SOFTWARE".
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") DO NOT USE THE DEVICE OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, 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 DEVICE and as otherwise interfacing with systems and/or services provide by or through FORD MOTOR COMPANY or its third party software and service providers.
•
•
END USER LICENSE AGREEMENT SYNC End User License Agreement (EULA) •
You have acquired a device ("DEVICE") that includes software licensed by Ford Motor Company and its affiliates ("FORD MOTOR COMPANY") from an affiliate of Microsoft Corporation ("MS") . Those installed software products of MS origin, as well as associated media, printed materials, and "online" or electronic documentation ("MS SOFTWARE") are protected by international intellectual property laws and treaties. The MS SOFTWARE is licensed, not sold. All rights reserved. The MS 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. The additional software and systems of FORD MOTOR COMPANY origin, as well as associated media, printed materials, and "online" or electronic documentation ("FORD SOFTWARE") are protected by international intellectual property laws and treaties. The FORD SOFTWARE is licensed, not sold. All rights reserved.
•
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•
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. Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble 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. 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.
•
• Single EULA: The end user
documentation for the DEVICE 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 DEVICE, 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 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.
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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.
• 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,
•
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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. 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:
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Website
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. 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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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. 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.
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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 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).
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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 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.
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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. 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
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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.
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.”
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
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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.
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
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positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs. Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. No Warranty. This Data is provided to you “as is,” and you agree to use it at your own risk. Telenav and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free. Disclaimer of Warranty: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TELENAV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. Export Control. You shall not export from anywhere any part of the Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent
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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.”
that any such export laws, rules or regulations prohibit HERE from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of this Agreement. Entire Agreement. These terms and conditions constitute the entire agreement between Telenav (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter. Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois [insert “Netherlands” where European HERE Data is used], without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois [insert “The Netherlands” where European HERE Data is used] for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these End-User Terms, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:
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B. Canada Data. The following provi- sions 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, representa- tions or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose. b. Limitation on Liability: The Third Party Data licensors, including Her Majesty, Canada Post and NRCan, shall not be liable: (i) in respect of any claim, demand or action, irre- spective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of such Data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the Data.
2. Copyright Notice: In connection with each copy of all or any portion of the Data for the Territory of Canada, Client shall affix in a conspicuous manner the following copyright notice on at least one of: (i) the label for the storage media of the copy; (ii) the packaging for the copy; or (iii) other materials packaged with the copy, such as user manuals or end user license agree- ments: “This data 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(cid:0)®, © The Department of Natural Resources Canada. All rights reserved.” 3. End-User Terms: Except as other- wise agreed by the parties, in connec- tion with the provision of any portion of the Data for the Territory of Canada to End-Users as may be authorized under the Agreement, Client shall provide such End-Users, in a reason- ably conspicuous manner, with terms (set forth with other end user terms required to be provided under the Agreement, or as otherwise may be provided, by Client) which shall include the following provisions on behalf of the Third Party Data licensors, including Her Majesty, Canada Post and NRCan:
The Data may include or reflect data of licensors, including Her Majesty the Queen in the Right of Canada (“Her Majesty”), Canada Post Corporation (“Canada Post”) and the Department of Natural Resources Canada (“NRCan”). Such data is licensed on an “as is” basis. The licensors, including Her Majesty, Canada Post and NRCan, make no guarantees, representations or warranties respecting such data,
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either express or implied, arising by law or otherwise, including but not limited to, effectiveness, complete- ness, accuracy or fitness for a particular purpose. The licensors, including Her Majesty, Canada Post and NRCan, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or posses- sion of the data or the Data. The licensors, including Her Majesty, Canada Post and NRCan, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data. End User shall indemnify and save harmless the licensors, including Her Majesty, Canada Post and NRCan, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data.
4. Additional Provisions: The terms contained in this Section are in addi- tion to all of the rights and obligations of the parties under the Agreement. To the extent that any of the provi- sions of this Section are inconsistent with, or conflict with, any other provi- sions of the Agreement, the provisions of this Section shall prevail.
II. Mexico. The following provision applies to the Data for Mexico, which includes certain data from the Instituto Nacional de Estadística y Geografía (“INEGI”): A. Any and all copies of the Data and/or packaging containing Data for Mexico shall contain the following notice: “Fuente: INEGI (Instituto Nacional de Estadística y Geografía)”
III. Latin America Territory A. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy: Territory Ecuador
Notice “INSTITUTO GEOGRAFICO MILITAR DEL ECUADOR AUTORIZACION N° IGM- 2011-01- PCO-01 DEL 25 DE ENERO DE 2011” “source: © IGN 2009 - BD TOPO ®”
Guade- loupe, French Guiana and Marti- “Fuente: INEGI (Instituto nique Nacional de Estadística y Mexico Geografía)” IV. Middle East Territory
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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: Country Jordan
Notice “© Royal Jordanian Geographic Centre”. The foregoing notice require- ment 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.
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 Enter- prise 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 subli- censees (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 Applica- tions” shall mean Geomarketing applic- ations, GIS applications, mobile business asset management applications, call center applications, telematics applica- tions, public organization Internet applications or for providing geocoding services.
V. Europe Territory A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable to Traffic Codes. Client acknowledges and agrees that in certain countries of the Europe Territory, Client will need to obtain rights directly from third party RDS-TMC code providers to receive and use the Traffic Codes in the Data and to deliver to End-Users Transactions in any way derived from or based on such Traffic Codes. For such countries, HERE shall deliver the Data incorporating Traffic Codes to Client only after receiving certification from Client of its having obtained such rights. 2. Display of Third Party Rights Legends for Belgium. Client shall, for each Transaction that uses Traffic Codes for Belgium, provide the following notice to the End-User: “Traffic Codes for Belgium are provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l’Equipement et des Transports.”
B. Paper Maps. With respect to any license granted to Client relating to making, selling or distributing paper maps (i.e., a map fixed on a paper or paper-like medium): (a) such license with respect to Data for the Territory of Great Britain is conditioned on Client’s entering into and complying with a separate written agreement with the Ordnance Survey (“OS”) to create and sell paper maps, Client’s paying to the OS any and all applicable paper map royalties, and Client’s complying with the OS copyright notice requirements; (b) such license for selling or otherwise distributing for charge with respect to Data for the Territory of Czech Republic
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is conditioned on Client’s obtaining prior written consent from Kartografie a.s.; (c) such license for selling or distributing with respect to Data for the Territory of Switzerland is conditioned on Client’s obtaining a permit from Bundesamt für Landestopografie of Switzerland; (d) Client is restricted from using Data for the Territory of France to create paper maps with a scale between 1:5,000 and 1:250,000; and (e) Client is restricted from using any Data to create, sell or distribute paper maps that are the same or substantially similar, in terms of data content and specific use of color, symbols and scale, to paper maps published by the European national mapping agencies, including without limitation, Landervermessungämter of Germany, Topografische Dienst of the Netherlands, Nationaal Geografisch Instituut of Belgium, Bundesamt für Landestopografie of Switzerland, Bundesamt für Eich-und Vermessung- swesen of Austria, and the National Land Survey of Sweden. C. OS Enforcement. Without limiting Section IV(B) above, with respect to Data for the Territory of Great Britain, Client acknowledges and agrees that the Ordnance Survey (“OS”) may bring a direct action against Client to enforce compliance with the OS copyright notice (see Section IV(D) below) and paper map requirements (see Section IV(B) above) contained in this Agreement. D. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy: Country(ies)
Notice
Austria
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