Appendices

End User License Agreement

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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"). These software products installed by MS, together with the 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 and/or communicate with, or may be upgraded later to interface and/or communicate with, additional software and/or systems provided by FORD MOTOR COMPANY. The additional software and systems originating from FORD MOTOR COMPANY, together with the associated media, printed materials and "online" or electronic documentation ("FORD SOFTWARE") are protected by international intellectual property laws and treaties. The FORD SOFTWARE is not sold but licensed. All rights reserved.
  • The MS SOFTWARE and/or the FORD SOFTWARE may interface and/or communicate with, or may be upgraded later to interface and/or communicate with, additional software and/or systems offered by third-party software and service providers. The additional software and services originating from third parties, together with the 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 not sold but licensed. All rights reserved.
  • The MS SOFTWARE, the FORD SOFTWARE and the THIRD-PARTY SOFTWARE are hereinafter referred to collectively and individually as the "SOFTWARE".

IF YOU DO NOT AGREE WITH THIS END USER LICENSE AGREEMENT ("EULA"), PLEASE DO NOT USE THE DEVICE AND DO NOT COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ITS USE ON THE DEVICE, CONSTITUTES ACCEPTANCE OF THIS EULA (OR RATIFICATION OF ANY PRIOR CONSENT).

SOFTWARE LICENCE GRANT: this EULA grants you the following licence:

  • You may use the SOFTWARE as installed on the DEVICE and as it interfaces with systems and/or services provided by or through FORD MOTOR COMPANY or its software suppliers and third-party service providers.

Description of Other Rights and Limitations

  • Speech Recognition: If the SOFTWARE includes one or more speech recognition components, you should be aware that speech recognition is inherently a statistical process and that recognition errors are inherent to this process. Neither FORD MOTOR COMPANY nor its suppliers shall be held liable for any damages whatsoever arising from errors occurring during the speech recognition process.
  • Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile or disassemble the SOFTWARE, or permit anyone else to do so, except to the extent such activity is expressly permitted by applicable law, notwithstanding this limitation.
  • Limitations on Distribution, Reproduction, Modification and Creation of Derivative Works: You may not distribute, reproduce or modify the SOFTWARE, or create derivative works of the SOFTWARE, except to the extent such activity is expressly permitted by applicable law, notwithstanding this limitation.
  • Single EULA: The end user documentation for the DEVICE and the associated systems and services may contain several EULAs, including translations and/or multiple versions (for example, in the user documentation and in the software). Even if you receive more than one EULA, the license granted to you permits you to use only one (1) copy of the SOFTWARE.
  • Transfer of SOFTWARE: You may permanently transfer the rights granted to you under this EULA only as part of a sale or transfer of the DEVICE, provided that you retain no copies, transfer all of the SOFTWARE (including all components, media and printed documentation, all upgrades and, where applicable, the Certificate(s) of Authenticity), and the recipient agrees to comply with 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 do not comply with its terms.
  • Security Updates/Digital Rights Management: Content owners use the Windows Media Digital Rights Management (WMDRM) technology included on your DEVICE to protect their intellectual property, including copyrighted content.

Certain parts 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. Revocation does not affect unprotected content.

When you download licences for protected content onto your DEVICE, you agree that Microsoft may include a revocation list with these licences. Content owners may require you to upgrade the SOFTWARE on your DEVICE in order to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
  • Consent to Use of Data: You agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, its software suppliers and third-party service providers, their affiliates and/or their designated representative may collect and use technical information gathered in any manner in connection with support services related to the SOFTWARE or ancillary services. MS, Microsoft Corporation, FORD MOTOR COMPANY, its software suppliers and third-party service providers, their affiliates and/or their designated representative may use this information solely to improve their products or to provide you with customized services or technologies. MS, Microsoft Corporation, FORD MOTOR COMPANY, its software suppliers and third-party service providers, their affiliates and/or their designated representative may disclose this information to other parties, but not in a form that personally identifies you.
  • Internet Service Components: The SOFTWARE may contain components that enable and facilitate the use of certain Internet services. You acknowledge and agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, its software suppliers and third-party service providers, their affiliates and/or their designated representative may automatically check the version of the SOFTWARE and/or its components that you use, and may provide upgrades or supplements to the SOFTWARE, which are automatically downloaded to your DEVICE.
  • Supplemental Software/Services: The SOFTWARE may allow FORD MOTOR COMPANY, its software suppliers and third-party service providers, MS, Microsoft Corporation, their affiliates and/or their designated representative to provide or make available to you updates, supplements, add-on components or Internet service components related to the SOFTWARE after the date you obtained your initial copy of the SOFTWARE ("Supplemental Components").
  • If FORD MOTOR COMPANY or its software suppliers and third-party service providers provide or make available to you Supplemental Components without any EULA accompanying those Supplemental Components, the terms of this EULA apply.

    If MS, Microsoft Corporation, their affiliates and/or their designated representative provide or make available to you Supplemental Components without any separate EULA accompanying them, the provisions of this

    The EULA applies, except that the entity MS, Microsoft Corporation or its affiliate providing the Additional Component(s) will be the licensor of the Additional Component(s).

    FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates and/or their designated representative reserve the right, without incurring liability, to interrupt any Internet service provided to you or made available to you through the use of the SOFTWARE.

    • Links to third-party sites: the MS SOFTWARE may allow you to create links to third-party sites through the use of the SOFTWARE. These third-party sites are not under the control of MS, Microsoft Corporation, their affiliates and/or their designated representative. Neither MS, nor Microsoft Corporation, their affiliates or their designated representative are responsible for (i) the content of any third-party site, any link contained in a third-party site, any change or update to a third-party site, or (ii) information distributed on the Web or any other form of transmission received from any third-party site. If the SOFTWARE provides links to third-party sites, these links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement of the third-party site by MS, Microsoft Corporation, their affiliates and/or their designated representative.
    • Responsible driving obligation: you acknowledge your obligation to drive responsibly and to remain attentive to the road. You must read and comply with the operating instructions of the DEVICE, particularly those relating to safety, and assume any risk associated with the use of the DEVICE.

    UPGRADES AND RECOVERY MEDIA: if the SOFTWARE is provided by FORD MOTOR COMPANY separately from the DEVICE on a medium such as a ROM chip, one or more CD-ROM discs, or by download from the Internet or by any other means, and it is labeled "FOR UPGRADE PURPOSES ONLY" or "FOR RECOVERY PURPOSES ONLY", you may install one (1) copy of this SOFTWARE on the DEVICE as a replacement copy of the existing SOFTWARE and use it in accordance with the provisions of this EULA, including any supplementary terms accompanying the upgrade SOFTWARE.

    INTELLECTUAL PROPERTY RIGHTS: all titles and intellectual property rights in and to the SOFTWARE (including, but not limited to, images, photographs, animations, music, text, "applets" and any video or sound elements incorporated into the SOFTWARE), the printed materials accompanying it, and any copies of the SOFTWARE belong to MS, Microsoft Corporation, FORD MOTOR COMPANY, or their affiliates or suppliers. The SOFTWARE is not sold, but licensed.

    You are not authorized to reproduce the printed materials accompanying the SOFTWARE. All titles and intellectual property rights in and to the content accessed through the SOFTWARE are the property of the content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA does not grant you any right to use such content. All rights not specifically granted under this EULA are reserved by MS, Microsoft Corporation, FORD MOTOR COMPANY, software suppliers and third-party service providers, their affiliates and/or their designated representative. Use of online services accessible through the SOFTWARE may be governed by the terms of use of those services. If this SOFTWARE contains documentation provided only in electronic form, you may print one copy of such electronic documentation.

    EXPORT RESTRICTIONS: you acknowledge that the SOFTWARE is subject to export laws in force in the United States and the European Union. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the "Export Administration Regulations" (United States export regulations), as well as end-user, end-use and destination restrictions imposed by the U.S. and foreign governments. For more information, go to: http://www.microsoft.com/exporting/.

    TRADEMARKS: this EULA does not grant you any rights in the trademarks or service marks of FORD MOTOR COMPANY, MS, Microsoft Corporation, software suppliers or third-party service providers, their affiliates or suppliers.

    PRODUCT SUPPORT: product support for the SOFTWARE is not provided by MS, its parent company Microsoft Corporation, their affiliates or subsidiaries. For product support, please refer to the FORD MOTOR COMPANY instructions provided in the DEVICE documentation. If you have questions about this EULA, or if you wish to contact FORD MOTOR COMPANY for any other reason, please use the address provided in the DEVICE documentation.

    Exclusion of liability for certain damages: UNLESS PROHIBITED BY LAW, FORD MOTOR COMPANY, SOFTWARE SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS, MS, MICROSOFT CORPORATION AND THEIR AFFILIATES EXCLUDE ALL LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM, OR IN CONNECTION WITH, THE USE OR OPERATION OF THE SOFTWARE. THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MS, MICROSOFT CORPORATION AND/OR THEIR AFFILIATES SHALL IN NO EVENT BE LIABLE FOR AMOUNTS EXCEEDING TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00).

    • THERE ARE NO WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED FOR YOUR NEW VEHICLE.

    Adobe

    Contains Adobe [Flash Player] or [AIR], a technology owned by Adobe Systems Incorporated. This [Software Product] contains the [Adobe Flash Player] [Adobe AIR] software, licensed by 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 Guide

    Microsoft Windows Mobile Automotive Important Safety Information

    This Ford SYNC system contains software licensed to FORD MOTOR COMPANY by an affiliate of Microsoft Corporation under a license agreement. Any removal, reproduction, reverse engineering or other unauthorized use of the software in violation of the license agreement is strictly prohibited and subject to legal action.

    Please read and follow the instructions below: before using your Windows Automotive system, please read and follow all instructions and safety information provided in this End User Guide (the "User Guide"). Failure to observe the precautions in this User Guide may cause an accident or other serious consequences.

    Keep the User Guide in the vehicle: this allows you and other users unfamiliar with the Windows Automotive system to easily consult the User Guide. Before first using the system, make sure all users carefully read the instructions and safety information in the User Guide.

    WARNING

    Using certain functions of this system while driving may distract your attention from the road and cause an accident or other serious consequences. Do not change system settings or enter data manually (non-voice) while driving. These operations must be carried out once the vehicle has been safely stopped in an authorized location.

    Please observe this warning, as adjusting or changing certain functions may distract your attention from the road and cause you to take your hands off the steering wheel.

    General operation

    Voice commands: the functions of the Windows Automotive system can be operated using voice commands only. Using voice commands while driving allows you to operate the system without taking your hands off the steering wheel.

    Prolonged screen viewing: do not use any function that requires prolonged viewing of the screen while driving. Park safely in an authorized location before using a system function that requires sustained attention. Even brief glances at the screen can be dangerous if your attention is diverted from the road at a critical moment.

    Volume adjustment: do not raise the volume excessively. Keep the volume at a level that allows you to hear traffic noises and emergency warning sounds while driving. Driving without being able to hear these sounds may cause an accident.

    Using voice recognition functions: voice recognition software is a statistical process and is subject to errors. It is your responsibility to monitor the system's voice recognition functions and correct any errors.

    Navigation assistance functions: the system's navigation assistance functions are designed to show you a route to the desired destination.

    Please make sure that everyone using this system carefully reads and strictly follows the instructions and safety information.

    Risk of distraction: these navigation assistance functions may require manual (non-voice) adjustment. Making adjustments or entering data while driving may distract your attention and cause an accident or other serious consequences. These operations must be carried out once the vehicle has been safely stopped in an authorized location.

    Use your own judgment: any navigation assistance function is only an aid. Make your decisions based on your observation of local conditions and the applicable traffic regulations. Such a function must not replace your own judgment. Routes suggested by the system must never take precedence over traffic laws, your personal judgment or safe driving practices.

    Road safety: do not follow suggested routes if they require you to make illegal or dangerous manoeuvres, if they place you in a hazardous situation, or if they direct you to a location you consider unsafe. The driver is solely responsible for operating their vehicle safely and must therefore judge the safety of suggested routes.

    Potential map inaccuracy: the maps used by this system may be inaccurate due to changes in roads, traffic controls or driving conditions. Always use your judgement and common sense when following suggested routes.

    Emergency services: do not rely on the navigation assistance functions of the system to guide you to emergency services. Check with local authorities or emergency service operators. The navigation assistance map database may not include all emergency services, such as police stations, fire stations, hospitals and clinics.

    Telenav Software End User License Agreement (EULA)

    this licence agreement before using the Telenav Software. Your use of the Telenav Software constitutes acceptance of these terms and conditions. If you do not accept these terms and conditions, do not break the seal of the packaging, do not launch the Telenav Software and do not use it.

    These terms and conditions constitute an agreement (the "Agreement") between you and Telenav, Inc. ("Telenav") regarding the Telenav Software (including updates, modifications or additions to it) (collectively the "Telenav Software"). Any reference to "you" and "your" in these terms refers to you, your employees, your representatives and subcontractors, as well as any other entity on whose behalf you accept these terms and conditions, all of which entities are also bound by this Agreement. In addition, all your account information as well as payment and other personal information you provide to Telenav (directly or through the Telenav Software) are subject to Telenav's privacy policy available at: http://www.telenav.com.

    Telenav may modify this Agreement and its privacy policy at any time, sometimes without notifying you. You agree to check the http://www.telenav.com website from time to time to review the most recent version of this Agreement and the privacy policy.

    1. Safe and lawful use

    You acknowledge that focusing your attention on the Telenav Software may be dangerous to yourself and others in situations requiring your full attention, and you therefore agree to comply with the following instructions when using the Telenav Software: (a) obey traffic laws and drive carefully; (b) use your own judgement while driving: if you consider that a route suggested by the Telenav Software leads you to make a dangerous or illegal manoeuvre, places you in a hazardous situation or directs you to a place considered unsafe, do not follow that route; (c) do not enter a destination or operate the Telenav Software unless your vehicle is stationary and parked; (d) do not use the Telenav Software for illegal, unauthorised, unintended or dangerous purposes, or in a manner contrary to this Agreement; (e) arrange all GPS devices and wireless devices as well as the cables required to operate the Telenav Software so that they do not interfere with your driving or prevent the operation of any safety device (such as an airbag). You agree to indemnify and hold Telenav harmless against any claim arising from any dangerous or improper use of the Telenav Software in a moving vehicle, including your failure to comply with the above instructions.

    1. Personal information

    You agree: (a) when registering for the Telenav Software, to provide Telenav with accurate, precise, up-to-date and complete information about you, and (b) to promptly inform Telenav of any changes to this information, ensuring that it remains accurate, precise, up-to-date and complete.

    1. Software licence

    Subject to your compliance with the terms of this Agreement, Telenav hereby grants you a personal, non-exclusive and non-transferable licence (except as expressly authorised below, in the event of a permanent transfer of the Telenav Software licence), without the right to grant sublicences, to use the Telenav Software (in object code form only) to access and use said software. This licence will terminate upon termination or expiry of this Agreement. You agree to use the Telenav Software solely for your personal or recreational needs, and not to provide commercial navigation services to third parties.

    3.1 Licence restrictions

    You agree not to: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Telenav Software or any part of it; (b) attempt to extract the source code, sound library or structure of the Telenav Software without the prior express written consent of Telenav; (c) erase or alter the trademarks, trade names, logos, patent or copyright notices or other notices or markings of Telenav or its suppliers on the Telenav Software; (d) distribute, sublicense or transfer the Telenav Software to third parties, except as part of a permanent transfer of the Telenav Software; (e) use the Telenav Software in a manner that (i) infringes intellectual property rights, publicity rights, privacy rights or other rights of any party, (ii) violates any law, ordinance or regulation, including, without limitation, laws and regulations on spam, privacy, consumer protection, child protection, obscenity or defamation, or (iii) is harmful, threatening, abusive, unlawful, defamatory, vulgar, obscene, otherwise objectionable or harassing; and (f) rent or otherwise allow third parties to access the Telenav Software without Telenav's prior written authorization.

    1. Disclaimer

    To the extent permitted by applicable law, Telenav, its licensors and suppliers, and their respective representatives or employees shall in no event be liable for any decision made or action taken by you or anyone else based on the information provided by the Telenav Software. Telenav also does not guarantee the accuracy of the maps or other data used for the Telenav Software. Such data does not always reflect reality, due to, among other things, road closures, roadworks, weather conditions, the construction of new roads or other hazards. You assume all risks resulting

    from your use of the Telenav Software. For example, you agree not to rely on the Telenav Software for navigation assistance in locations where your well-being or survival, or the well-being or survival of other persons, depends on the accuracy of navigation, since the maps or functionality of the Telenav Software are not designed for high-risk applications, particularly in remote geographic areas.

    TELENAV EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE TELENAV SOFTWARE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR TRADE USAGE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS IN CONNECTION WITH THE TELENAV SOFTWARE. Some jurisdictions do not allow the exclusion of certain warranties, so this limitation may not apply to you.

    1. Limitation of Liability

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, TELENAV, ITS LICENSORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER) ARISING OUT OF THE INABILITY TO USE THE TELENAV SOFTWARE, EVEN IF TELENAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    NOTWITHSTANDING ANY DAMAGES THAT YOU MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREUNDER AND ALL DIRECT OR GENERAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF TELENAV OR ITS 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 MAY NOT APPLY TO YOU.

    1. 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 before a neutral arbitrator, in accordance with the rules of the American Arbitration Association in Santa Clara County, California, United States. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the award may be enforced by any competent court. No judge or jury takes part in the arbitration proceedings, and the arbitrator's decision shall be binding on both parties.

    You expressly waive your right to a jury trial.

    This Agreement and its performance shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. To the extent that court action is required in connection with arbitration, Telenav and you agree to submit to the exclusive jurisdiction of the courts of Santa Clara County, California, United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    1. Assignment

    You may not resell, assign or transfer this Agreement or your rights or obligations, except in their entirety as part of a permanent transfer of the Telenav Software license, and provided that the new user of the Telenav Software expressly agrees to be bound by the terms of this Agreement. Any sale, assignment or transfer not expressly permitted under this paragraph will result in immediate termination of this Agreement, without any liability for Telenav, in which case you and all other parties must immediately cease all use of the Telenav Software. Notwithstanding the foregoing, Telenav may assign this Agreement to any other party without notice, provided that the assignee remains bound by this Agreement.

    1. Miscellaneous

    8,1

    This Agreement constitutes the entire agreement between Telenav and you regarding its subject matter.

    8,2

    Except for the limited licenses expressly granted under this Agreement, Telenav retains all rights, title and interest in the Telenav Software, including, without limitation, all related intellectual property rights. Licenses or other rights not expressly granted in this Agreement shall not be granted or conferred by implication, by law, by estoppel or otherwise, and Telenav and its suppliers and licensors hereby reserve all of their respective rights, other than the licenses expressly granted in this Agreement.

    8,3

    By using the Telenav Software, you consent to receive from Telenav all communications, including notices, agreements, legally required communications or other information related to the Telenav Software (collectively, "Notices"), electronically.

    Telenav may provide such Notices by posting them on the Telenav website or by downloading them to your wireless device. If you do not wish to receive such Notices, you must stop using the Telenav Software.

    8,4

    Failure by Telenav or you to require performance of any provision will not affect that party's right to require such performance at any time thereafter, and a waiver of a breach or violation of this Agreement shall not constitute a waiver of any subsequent breach or violation or a waiver of the violated provision.

    8,5

    If any provision of this Agreement is held to be unenforceable, such provision shall be modified to reflect the intent of the parties, and the remaining provisions of this Agreement shall remain in full force and effect.

    8,6

    Headings in this Agreement are for reference only, are not part of this Agreement and shall not affect its interpretation. As used in this Agreement, the words "include" and "including" and their variants shall not be limiting, but shall instead be deemed to be followed by the words "without limitation".

    1. Third-Party Supplier Terms

    The Telenav Software uses maps and other data licensed to Telenav by third-party suppliers, for your benefit and that of other end users. This Agreement contains terms applicable to these companies (including at the end of this Agreement), and your use of the Telenav Software is also subject to these terms.

    You agree to comply with the following additional terms, which apply to Telenav's third-party licensors:

    HERE End User License Agreement for North America/Asia Pacific Distribution

    not sold, but licensed. By opening this package, or by installing, copying or using the Data, you agree to be bound by the terms of this agreement.

    If you do not accept the terms of this Agreement, you are not permitted to install, copy, use, resell or transfer the Data. If you do not accept the terms of this agreement and have not installed, copied or used the Data, you must contact your reseller or HERE North America, LLC (as defined below) within thirty (30) days of your purchase to obtain a refund of the purchase price. To contact HERE, visit www.here.com.

    The Data is provided for your personal use only and may not be resold. It is protected by copyright and is subject to the following terms (this "End User License Agreement") and the terms accepted by you, on the one hand, and HERE and its licensors (including their licensors and suppliers), on the other hand. For the purposes of these terms, "HERE" means (a) HERE North America, LLC with respect to Data for America and/or the Asia Pacific region and (b) HERE Europe B.V.

    with respect to Data for Europe, the Middle East and/or Africa.

    The Data includes information and related content licensed to HERE by third parties, which are governed by the applicable supplier terms and copyright notices, available at the following address .

    GENERAL TERMS AND CONDITIONS

    License Use Restrictions:

    You agree that your license to use this Data is limited to purely personal, non-commercial use, and not for service bureau, time-sharing or similar purposes. Unless otherwise stated herein, you agree not to reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, nor to transfer or distribute it in any way, for any purpose, except to the extent permitted by applicable law.

    License Transfer Restrictions:

    Your limited license does not allow you to transfer or resell the Data, except that you may permanently transfer the Data and all accompanying materials if: (a) you retain no copies of the Data; (b) the recipient agrees to the terms of this End User License Agreement; and (c) you transfer the Data in exactly the same form as purchased, by physically transferring the original medium (for example the CD-ROM or DVD you purchased), the original packaging, all Manuals and other documentation. In particular, a set of floppy disks may only be transferred or sold as a complete set, as originally supplied.

    Additional License Restrictions:

    Unless specifically authorized by HERE in a separate written agreement, and without limiting the preceding paragraph, your license is conditional upon using the Data strictly in accordance with this agreement, and you shall not (a) use this Data with any product, system or application installed or otherwise connected to, or in communication with, vehicles equipped with navigation, positioning, dispatching, real-time route guidance, fleet management or similar applications; or (b) with cellular telephones, handheld computers, pagers, personal digital assistants or PDAs.

    Note: This Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of the geographic data collected, which may result in erroneous results.

    Disclaimer of Warranty:

    This Data is provided to you "as is" and you agree to use it at your own risk. HERE and its licensors (as well as their licensors and suppliers) make no warranties or representations of any kind, express or implied, statutory or otherwise, including without limitation, regarding the content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results of this Data, or the uninterrupted or error-free operation of the Data or server.

    Warranty Exclusion:

    HERE AND ITS LICENSORS (AS WELL AS THEIR LICENSORS AND SUPPLIERS) DISCLAIM ALL 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 this exclusion may not apply to you.

    Limitation of Liability:

    HERE AND ITS LICENSORS (AS WELL AS THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, DEMAND OR ACTION OF ANY KIND BASED ON ANY DAMAGE, INJURY OR HARM, DIRECT OR INDIRECT, THAT MAY RESULT FROM THE USE OR POSSESSION OF THIS DATA, OR FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, CONTRACT OR SAVINGS, OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS DATA, ANY DEFECT IN THIS DATA, OR THE BREACH OF THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER WARRANTY, EVEN IF HERE OR ITS LICENSORS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some states, territories and countries do not allow certain exclusions of liability or limitations of damages, so the above paragraph may not apply to you.

    Export Control:

    You agree not to export any part of this Data or any product directly derived from it, except in compliance with applicable export laws, rules and regulations and with all authorizations and approvals required by them, including without limitation the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury and by the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent such export laws, rules or regulations prevent HERE from performing its obligations to supply or distribute the Data under this agreement, such failure will be excused and will not constitute a breach of this Agreement.

    Entire Agreement:

    These terms constitute the entire agreement between HERE (and its licensors, as well as their licensors and suppliers) and you with respect to its subject matter, and supersede in their entirety all existing prior written or oral agreements concerning its subject matter.

    Severability:

    If you and HERE agree that any part of this Agreement is illegal or unenforceable, that part will be severed and the remainder of this Agreement will remain fully in effect.

    Severability:

    If you and HERE agree that any part of this Agreement is illegal or unenforceable, that part will be severed and the remainder of this Agreement will remain fully in effect.

    Governing Law:

    The above terms shall be governed by the laws of the State of Illinois, United States (for Data in the Americas and/or Asia Pacific regions) or the Netherlands (for Data in Europe, the Middle East and Africa), without regard to (i) their conflict of laws provisions, or (ii) the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded. For any dispute, claim or action arising from or relating to the Data (the "Claims"), you agree to submit to the jurisdiction of (a) the State of Illinois, United States, for Claims relating to Data provided to you under these terms for the Americas and/or Asia Pacific regions, and (b) the Netherlands for Data provided to you under these terms for Europe, the Middle East and/or Africa.

    Government End Users:

    If the Data is acquired by or on behalf of the United States government, or any other entity asserting or exercising rights similar to those customarily claimed by the United States government, the Data is a "commercial item" as that term is defined in 48 C.F.R.

    ("FAR", Federal Acquisition Regulation) 2.101, and is licensed under this End User License Agreement, and each copy of the Data delivered shall bear the following "Notice of Use" legend and shall be handled in accordance with such Notice:

    NOTICE OF USE

    MANUFACTURER/SUPPLIER

    NAME:

    HERE

    MANUFACTURER/SUPPLIER

    ADDRESS:

    425 West Randolph Street, Chicago IL 60606.

    This Data is a commercial item as defined in FAR 2.101.

    and is subject to the End User License Agreement (EULA) governing the supply of this Data.

    1987-2013 HERE. All rights reserved.

    If the federal official, federal agency or any federal employee signing this document refuses to use the legend provided herein, he/she must notify HERE before claiming any additional or alternative rights in the Data.

    Gracenote Copyright

    CD and music data from Gracenote Inc., copyright 2000-2007 Gracenote. Gracenote software, copyright 2000-2007 Gracenote. This product and service may be covered by one or more of the following U.S. patents: #5,987,525, #6,061,680, #6,154,773, #6,161,132, #6,230,192, #6,230,207, #6.240,459, #6,330,593 and other patents issued or pending.

    Certain services are licensed by Open Globe Inc. for the United States.

    Patent: #6,304,523.

    Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the "Powered by Gracenote" logo are trademarks of Gracenote.

    Gracenote End User License Agreement (EULA)

    This device contains software from Gracenote Inc., 2000 Powell Street, Emeryville, California 94608 ("Gracenote").

    The Gracenote software (the "Gracenote Software") enables this device to identify music files and obtain information such as track, artist and album names ("Gracenote Data") from online servers ("Gracenote Servers"), and to perform other functions. You may use Gracenote Data only through the end-user functions provided by this device.

    This device may contain content belonging to Gracenote's suppliers. If so, all restrictions set out herein regarding Gracenote Data shall also apply to such content, and the suppliers of such content shall be entitled to all benefits and protections that Gracenote enjoys under these terms.

    You agree to use Gracenote content ("Gracenote Content"), Gracenote Data, Gracenote Software and Gracenote Servers only for your own personal, non-commercial use. You agree not to assign, copy, transfer or transmit Gracenote Content, Gracenote Software or Gracenote Data (except in a Tag associated with a music file) to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE CONTENT, GRACENOTE DATA, GRACENOTE SOFTWARE OR GRACENOTE SERVERS EXCEPT AS EXPRESSLY AUTHORIZED UNDER THESE TERMS.

    You agree that your non-exclusive licenses to use Gracenote Content, Gracenote Data, Gracenote Software and Gracenote Servers will terminate if you exceed these restrictions. If your licenses are terminated, you agree to cease all use of Gracenote Content, Gracenote Data, Gracenote Software and Gracenote Servers.

    Gracenote reserves all rights in Gracenote Data, Gracenote Software, Gracenote Servers and Gracenote Content, including all ownership rights. Gracenote shall in no event be liable to you for any payment in respect of any information provided by you, including any material or information on copyright-protected music files. You agree that Gracenote may enforce its rights under this Agreement, collectively or separately, directly on behalf of each company.

    Gracenote uses a unique identifier to track information requests for statistical purposes. This randomly assigned numeric identifier is intended to allow Gracenote to count requests without knowing your identity. For more information, see the Gracenote Privacy Policy at: www.gracenote.com.

    THE GRACENOTE SOFTWARE, EACH GRACENOTE DATA ITEM AND THE GRACENOTE CONTENT ARE LICENSED "AS IS". GRACENOTE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM GRACENOTE SERVERS OR GRACENOTE CONTENT. GRACENOTE RESERVES THE RIGHT, COLLECTIVELY AND SEPARATELY, TO DELETE DATA AND/OR CONTENT FROM THEIR RESPECTIVE SERVERS OR, IN THE CASE OF GRACENOTE, TO CHANGE DATA CATEGORIES IF GRACENOTE DEEMS IT NECESSARY.

    NOTHING GUARANTEES THAT THE GRACENOTE CONTENT, THE GRACENOTE SOFTWARE OR THE GRACENOTE SERVERS ARE FREE OF ERRORS OR THAT OPERATION OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED.

    GRACENOTE HAS NO OBLIGATION TO PROVIDE YOU WITH IMPROVED OR ADDITIONAL DATA THAT GRACENOTE MAY DECIDE TO PROVIDE IN THE FUTURE, AND GRACENOTE IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME.

    GRACENOTE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED FROM YOUR USE OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS. IN NO EVENT SHALL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUE, REGARDLESS OF CAUSE.

    Gracenote 2007.

    Vehicle with SYNC only

    FCC ID: KMHSG1G1

    IC: 1422A-SG1G1

    Vehicle with SYNC and MyFord Touch or MyLincoln Touch

    FCC ID: KMHSYNCG2

    IC: 1422A-SYNCG2

    This device complies with Part 15 of the FCC Rules and RSS-210 of Industry Canada. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

    WARNING

    Changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment.

    The term "IC" before the radio certification number only signifies that Industry Canada technical specifications were met.

    The antenna used for this transmitter must not be co-located or operated in conjunction with any other antenna or transmitter.

    Test yourself

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