VEHICLE SOFTWARE END USER LICENSE AGREEMENT (EULA)
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") DO NOT USE THE DEVICES OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICES, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA grants you the following license:
Description of Other Rights and Limitations
UPGRADES AND RECOVERY MEDIA: If the SOFTWARE is provided by FORD MOTOR COMPANY separate from the DEVICES on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled "For Upgrade Purposes Only" or "For Recovery Purposes Only" you may install one (1) copy of such SOFTWARE onto the DEVICES as a replacement copy for the existing SOFTWARE, and use it in accordance with this EULA, including any additional EULA terms accompanying the upgrade SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by FORD MOTOR COMPANY, or its affiliates or suppliers. The SOFTWARE is licensed, not sold. You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content outside its intended use. All rights not specifically granted under this EULA are reserved by FORD MOTOR COMPANY, its affiliates, and third party software and service providers and suppliers. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.
EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
TRADEMARKS: This EULA does not grant you any rights in connection with any trademarks or service marks of FORD MOTOR COMPANY, its affiliates, and third party software and service providers.
PRODUCT SUPPORT: Please refer to FORD MOTOR COMPANY instructions provided in the documentation for the DEVICES product support, such as the vehicle owner guide.
Should you have any questions concerning this EULA, or if you desire to contact FORD MOTOR COMPANY for any other reason, please refer to the address provided in the documentation for the DEVICES.
No Liability for Certain Damages: EXCEPT AS PROHIBITED BY LAW, FORD MOTOR COMPANY, ANY THIRD PARTY SOFTWARE OR SERVICES SUPPLIERS, AND THEIR AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THERE ARE NO WARRANTIES OTHER THAN THOSE THAT MAY BE EXPRESSLY PROVIDED FOR YOUR NEW VEHICLE.
SYNC® Automotive Important Safety Information Read and follow instructions:
General Operation
Let Your Judgment Prevail: Any navigation features are provided only as an aid. Make your driving decisions based on your observations of local conditions and existing traffic regulations. Any such feature is not a substitute for your personal judgment. Any route suggestions made by this system should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices.
Route Safety: Do not follow the route suggestions if doing so would result in an unsafe or illegal maneuver, if you would be placed in an unsafe situation, or if you would be directed into an area that you consider unsafe. The driver is ultimately responsible for the safe operation of the vehicle and therefore, must evaluate whether it is safe to follow the suggested directions.
Potential Map Inaccuracy: Maps used by this system may be inaccurate because of changes in roads, traffic controls or driving conditions. Always use good judgment and common sense when following the suggested routes.
Emergency Services: Do not rely on any navigation features included in the system to route you to emergency services. Ask local authorities or an emergency services operator for these locations. Not all emergency services such as police, fire stations, hospitals and clinics are likely to be contained in the map database for such navigation features.
Your Responsibilities and Assumptions of Risk
Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICES AND SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, COMPATIBILITY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY THIRD PARTY SOFTWARE OR THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FORD MOTOR COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, THIRD PARTY SOFTWARE, AND THIRD-PARTY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR AN ARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FORD MOTOR COMPANY DOES NOT WARRANT (a) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES, (b) THAT THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES WILL MEET YOUR REQUIREMENTS, (c) THAT THE OPERATION OF THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (d) OR THAT DEFECTS IN THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORD MOTOR COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE, THIRD PARTY SOFTWARE, OR THIRD-PARTY SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMER MAY NOT FULLY APPLY TO YOU. THE SOLE WARRANTY PROVIDED BY FORD MOTOR COMPANY SHALL BE FOUND IN THE WARRANTY INFORMATION INCLUDING WITH YOUR OWNER GUIDE. TO THE EXTENT THAT THERE IS ANY CONFLICT BETWEEN THE TERMS OF THIS SECTION AND THE WARRANTY BOOKLET, THE WARRANTY BOOKLET SHALL CONTROL.
Applicable Law, Venue, Jurisdiction
The laws of the State of Michigan govern this EULA and Your use of the SOFTWARE. Your use of the SOFTWARE may also be subject to other local, state, national, or international laws. Any litigation arising out of or related to this EULA shall be brought and maintained exclusively in a court of the State of Michigan located in Wayne County or in the United States District Court for the Eastern District of Michigan. You hereby consent to submit to the personal jurisdiction of a court in the State of Michigan located in Wayne County and the United States District Court for the Eastern District of Michigan for any dispute arising out of or relating to this EULA.
Binding Arbitration and Class Action Waiver
Telenav Software End User License Agreement
Please read these terms and conditions carefully before you use the TeleNav Software. Your use of the TeleNav Software indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not break the seal of the package, launch, or otherwise use the TeleNav Software. TeleNav may revise this Agreement and the privacy policy at any time, with or without notice to you. You agree to visit http://www.telenav.com from time to time to review the then current version of this Agreement and of the privacy policy.
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:
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.
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.
- 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.
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.
The Telenav Software utilizes map and other data licensed to Telenav by third party vendors for the benefit of you and other end users. This Agreement includes end-user terms applicable to these companies (included at the end of this Agreement), and thus your use of the Telenav Software is also subject to such terms. You agree to comply with the following additional terms and conditions, which are applicable to Telenav’s third party vendor licensors::
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.
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
Terms and Conditions
Permitted Use. You agree to use this Data together with the Telenav Software solely for the internal business and personal purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you agree not to otherwise reproduce, copy, modify, decompile, disassemble, create any derivative works of, or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions. Except where you have been specifically licensed to do so by Telenav, and without limiting the preceding paragraph, you may not use this Data (a) with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
No Warranty. This Data is provided to you “as is,” and you agree to use it at your own risk. Telenav and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR 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 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:
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.
“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.”
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, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, 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 possession 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.
AT&T Vehicle Network Carrier Telematics Disclosure
END USER FOR PURPOSES OF THIS SECTION MEANS YOU AND YOUR HEIRS, EXECUTORS, LEGAL PERSONAL REPRESENTATITVES AND PERMITED ASSIGNS. FOR PURPOSES OF THIS SECTION “UNDERLYING WIRELESS SERVICE CARRIER” INCLUDES ITS AFFILIATES AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS. END USER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND END USER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN FORD AND UNDERLYING CARRIER. END USER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO END USER. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, END USER'S EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY END USER FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
(ii) END USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE DEVICE EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE DEVICE.
(iv) END USER UNDERSTANDS THAT FORD AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES THE SERVICE IS FOR [END USER’S] USE ONLY AND END USER MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY END USER UNDERSTANDS THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. THE UNDERLYING CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, THE END USER RELEASES, INDEMNIFIES AND HOLDS THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.
Personal Use Only
You agree to use this Data together with [insert name of Client Application] for the solely personal, non-commercial 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 may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble 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 NAV2 , and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs. You agree to cease using this Data if you fail to comply with these terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by NAV2 shall be substantially as described in applicable written materials provided to you by NAV2, and NAV2’s support engineers will make commercially reasonable efforts to solve any problem issues.
rigCustomer Remedies
NAV2 and its suppliers’ entire liability and your exclusive remedy shall be, at NAV2’s sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the Data that do not meet NAV2’s Limited Warranty and that are returned to NAV2 with a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from accident, abuse, or misapplication. Any replacement Data will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by NAV2 are available without proof of purchase from an authorized international source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAV2 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT. Certain warranty exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAV2 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 INFROMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NAV2 OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NAV2’s OR ITS SUPPLIERS’ LIABILITY HEREUNDER EXCEED THE PRICE PAID. Certain liability exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Export Control
You agree not to export to anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its suppliers and are protected by applicable copyright and other intellectual property law and treaties. The Data are provided solely on the basis of a license to use, not sale.
Entire Agreement
These terms and conditions constitute the entire agreement between NAV2(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 People’s Republic of China, 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. Any dispute arising from or in connection with the Data provided to you hereunder shall be submitted to the Shanghai International Economic and Trade Arbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote, Inc., copyright©
2000-2007 Gracenote. Gracenote Software, copyright © 2000-2007 Gracenote. This product and service may practice 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. Some services supplied under license from Open Globe, Inc. for U.S. 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. of 2000 Powell Street Emeryville, California 94608 ("Gracenote").
The software from Gracenote (the "Gracenote Software") enables this device to do disc and music file identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers"), and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this device. This device may contain content belonging to Gracenote's providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote. You agree that you will use the content from Gracenote ("Gracenote Content") , Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal, non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Content, Gracenote Software or any 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, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive licenses to use the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your licenses terminate, you agree to cease any and all use of the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers.
Gracenote, respectively, reserve all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers and Gracenote Content, including all ownership rights. Under no circumstances will either Gracenote become liable for any payment to you for any information that you provide, including any copyrighted material or music file information. You agree that Gracenote may enforce its respective rights, collectively or separately, under this agreement against you, directly in each company's own name.
Gracenote uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow Gracenote to count queries without knowing anything about who you are. For more information, see the web page at www.gracenote.com for the Gracenote Privacy Policy.
THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA AND THE GRACENOTE CONTENT ARE LICENSED TO YOU "AS IS". NEITHER GRACENOTE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS OR GRACENOTE CONTENT. GRACENOTE COLLECTIVELY AND SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR CONTENT FROM THE COMPANIES' RESPECTIVE SERVERS OR, IN THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS MADE THAT EITHER GRACENOTE CONTENT OR THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME. GRACENOTE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER GRACENOTE WARRANTS THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES FOR ANY REASON WHATSOEVER. © Gracenote 2007.
Radio Frequency Statement
FCC ID: ACJ-SYNCG3-L
IC: 216B-SYNCG3-L
This device complies with Part 15 of the FCC Rules and with 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 expressively 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 operating in conjunction with any other antenna or transmitter.
Taiwan Territory
Note: In accordance with the management approach of low-power radio wave radiation motors:
Article 12: For approved and certified low-power radiation motor models, companies, firms or users must not alter the frequency, increase the power or change the characteristics and functions of the original design without authorization.
Article 14: The usage of low-power radio-frequency motors must not affect aviation safety and interfere with legal telecommunications. Should interference be detected, immediately stop using the device and only resume usage after ensuring that there is no longer any interference. For the legal telecommunication and wireless telecommunication of the telco, the low-power radio frequency motor must be able to tolerate legal limits of interference from telecommunication, industrial, scientific and radio wave equipment.
SUNA TRAFFIC CHANNEL – TERMS AND CONDITIONS
By activating, using and/or accessing the SUNA Traffic Channel, SUNA Predictive or other content or material provided by Intelematics (together, SUNA Products and/or Services), you must accept certain terms and conditions. The following is a brief summary of the terms and conditions that apply to you. To view the full terms and conditions relevant to your use of the SUNA Products and/or Services, please consult:
Website
www.sunatraffic.com.au/termsandconditions/
By using SUNA Products and/or Services, you will be deemed to have accepted and agreed to be bound by the terms and conditions fully detailed at:
Website
SUNA Products and/or Services are for your personal use. You may not record, or retransmit the content, nor use the content in association with any other traffic information or route guidance service or device not approved by Intelematics. You obtain no right of ownership in any Intellectual Property Rights (including copyright) in the data that is used to provide SUNA Products and/or Services.
SUNA Products and/or Services are intended as an aid to personal motoring and travel planning, and do not provide comprehensive or accurate information on all occasions. On occasions, you may experience additional delay as a result of using SUNA Products and/or Services. You acknowledge that it is not intended, or suitable, for use in applications where time of arrival or driving directions may impact the safety of the public or yourself.
You, and other authorised drivers of the vehicle in which SUNA Products and/or Services are available or installed and active, remain at all times responsible for observing all relevant laws and codes of safe driving. In particular, you agree to only actively operate SUNA Products and/or Services when the Vehicle is at a complete stop and it is safe to do so.
We will use reasonable endeavours to provide the SUNA Traffic Channel 24 hours a day, 365 days a year. The SUNA Traffic Channel may occasionally be unavailable for technical reasons or for planned maintenance. We will try to perform maintenance at times when congestion is light. We reserve the right to withdraw SUNA Products and/or Services at any time.
Also, we cannot assure the uninterrupted reception of the SUNA Traffic Channel RDS-TMC signal at any particular location.
Neither Intelematics (nor its suppliers or the manufacturer of your device (the “Suppliers”)) shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise arising out of the use of or inability to use SUNA Products and/or Services even if Intelematics or a Supplier has been advised of the possibility of such damages. You also acknowledge that the neither Intelematics nor any Supplier guarantees nor make any warranties that relate to the availability, accuracy or completeness of SUNA Products and/or Services, and to the extent which it is lawful to do so, both Intelematics and each Supplier excludes any warranties which might otherwise be implied by any State or Federal legislation in relation to SUNA Products and/or Services.
Note: Depending on your vehicle option package, the controls may look different from what you see here.