Ford Bronco (2022 year). Manual in english — page 29

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.

Hot Climate Oil Change Intervals

Vehicles operating in the Middle East,
North Africa, Sub-Saharan Africa or
locations with similar climates using an oil
that meets our specification or has an
American Petroleum Institute (API)
Certified for Gasoline Engines (Certification
mark) oil, the normal oil change interval is
3,000 mi (4,800 km).

Engine Air Filter Replacement

The life of the engine 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.

468

Scheduled Maintenance

ROLLOVER WARNING

WARNING:

Utility vehicles have a

significantly higher rollover rate than
other types of vehicles.

WARNING:

Vehicles with a higher

center of gravity (utility and four-wheel
drive vehicles) handle differently than
vehicles with a lower center of gravity
(passenger cars). Avoid sharp turns,
excessive speed and abrupt steering in
these vehicles. Failure to drive cautiously
increases the risk of losing control of your
vehicle, vehicle rollover, personal injury
and death.

WARNING:

In a rollover crash, an

unbelted person is significantly more
likely to die than a person wearing a
seatbelt.

WARNING:

Do not become

overconfident in the ability of four-wheel
drive vehicles. Although a four-wheel
drive vehicle may accelerate better than
a two-wheel drive vehicle in low traction
situations, it won't stop any faster than
two-wheel drive vehicles. Always drive
at a safe speed.

Utility vehicles and trucks handle
differently than passenger cars in the
various driving conditions that are
encountered on streets, highways and
off-road. Utility vehicles and trucks are not
designed for cornering at speeds as high
as passenger cars any more than low-slung
sports cars are designed to perform
satisfactorily under off-road conditions.

OUR SUSTAINABILITY
REPORT

You should play your part in protecting the
environment. Correct vehicle usage and
the authorized disposal of waste, cleaning
and lubrication materials are significant
steps toward this aim.

For additional information about our
sustainability progress and initiatives, visit

www.sustainability.ford.com

.

THE BETTER BUSINESS
BUREAU AUTO LINE
PROGRAM - UNITED STATES
OF AMERICA

Your satisfaction is important to Ford
Motor Company and to your dealer. If a
warranty concern has not been resolved
using the three-step procedure outlined
earlier in this chapter in the Getting the
Services you need section, you may be
eligible to participate in the BBB AUTO
LINE program.

The BBB AUTO LINE program consists of
two parts – mediation and arbitration.
During mediation, a representative of the
BBB will contact both you and Ford Motor
Company to explore options for settlement
of the claim. If an agreement is not reached
during mediation or you do not want to
participate in mediation, and if your claim
is eligible, you may participate in the
arbitration process. An arbitration hearing
will be scheduled so that you can present
your case in an informal setting before an
impartial person. The arbitrator considers
the testimony provided and makes a
decision after the hearing.

469

Customer Information

safe operation of your vehicle. We
recommend against the use of any
hand-held device while driving and
encourage the use of voice-operated
systems when possible. Make sure you
are aware of all applicable local laws
that may affect the use of electronic
devices while driving.

Using mobile communications equipment
is becoming increasingly important in the
conduct of business and personal affairs.
However, you must not compromise your
own or others’ safety when using such
equipment. Mobile communications can
enhance personal safety and security when
appropriately used, particularly in
emergency situations. Safety must be
paramount when using mobile
communications equipment to avoid
negating these benefits. Mobile
communication equipment includes, but
is not limited to, cellular phones, pagers,
portable email devices, text messaging
devices and portable two-way radios.

END USER LICENSE
AGREEMENT

VEHICLE SOFTWARE END USER
LICENSE AGREEMENT (EULA)

•

You (“You” or “Your” as applicable)
have acquired a vehicle having several
devices, including SYNC ® and various
control modules, ("DEVICES") that
include software licensed or owned by
Ford Motor Company and its affiliates
("FORD MOTOR COMPANY"). Those
software products of FORD MOTOR
COMPANY origin, as well as associated
media, printed materials, and "online"
or electronic documentation
("SOFTWARE") are protected by
international intellectual property laws
and treaties. The SOFTWARE is
licensed, not sold. All rights reserved.

•

The SOFTWARE may interface with
and/or communicate with, or may be
later upgraded to interface with and/or
communicate with additional software
and/or systems provided by FORD
MOTOR COMPANY.

IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA")
DO NOT USE THE DEVICES OR COPY
THE SOFTWARE. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT
LIMITED TO USE ON THE DEVICES,
WILL CONSTITUTE YOUR AGREEMENT
TO THIS EULA (OR RATIFICATION OF
ANY PREVIOUS CONSENT).

GRANT OF SOFTWARE LICENSE:

This

EULA grants you the following license:

•

You may use the SOFTWARE as
installed on the DEVICES and as
otherwise interfacing with systems
and/or services provide by or through
FORD MOTOR COMPANY or its third
party software and service providers.

505

Customer Information

Description of Other Rights and
Limitations.

•

Speech Recognition:

If the

SOFTWARE includes speech
recognition component(s), you should
understand that speech recognition is
an inherently statistical process and
that recognition errors are inherent in
the process. Neither FORD MOTOR
COMPANY nor its suppliers shall be
liable for any damages arising out of
errors in the speech recognition
process. It is your responsibility to
monitor any speech recognition
functions included in the system.

•

Limitations on Reverse Engineering,
Decompilation and Disassembly:

You may not reverse engineer,
decompile, translate, disassemble or
attempt to discover any source code
or underlying ideas or algorithms of the
SOFTWARE nor permit others to
reverse engineer, decompile or
disassemble the SOFTWARE, except
and only to the extent that such activity
is expressly permitted by applicable
law notwithstanding this limitation or
to the extent as may be permitted by
the licensing terms governing use of
any open source components included
with the SOFTWARE.

•

Limitations on Distributing,
Copying, Modifying and Creating
Derivative Works:

You may not

distribute, copy, make modifications
to or create derivative works based on
the SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation or to
the extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.

•

Single EULA:

The end user

documentation for the DEVICES and
related systems and services may
contain multiple EULAs, such as
multiple translations and/or multiple
media versions (e.g., in the user
documentation and in the software).
Even if you receive multiple EULAs, you
are licensed to use only one (1) copy of
the SOFTWARE.

•

SOFTWARE Transfer:

You may

permanently transfer your rights under
this EULA only as part of a sale or
transfer of the DEVICES, provided you
retain no copies, you transfer all of the
SOFTWARE (including all component
parts, the media and printed materials,
any upgrades, and, if applicable, the
Certificate(s) of Authenticity), and the
recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade,
any transfer must include all prior
versions of the SOFTWARE.

•

Termination:

Without prejudice to any

other rights, FORD MOTOR COMPANY
may terminate this EULA if you fail to
comply with the terms and conditions
of this EULA.

•

Internet-Based Services
Components:

The SOFTWARE may

contain components that enable and
facilitate the use of certain
Internet-based services. You
acknowledge and agree that FORD
MOTOR COMPANY, third party
software and service suppliers, its
affiliates and/or its designated agent
may automatically check the version
of the SOFTWARE and/or its
components that you are utilizing and
may provide upgrades or supplements
to the SOFTWARE that may be
automatically downloaded to your
DEVICES.

506

Customer Information

•

Additional Software/Services:

The

SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or
its designated agent to provide or make
available to you SOFTWARE updates,
supplements, add-on components, or
Internet-based services components
of the SOFTWARE after the date you
obtain your initial copy of the
SOFTWARE ("Supplemental
Components".) SOFTWARE updates
may cause you to incur additional
charges from your wireless service
provider. If FORD MOTOR COMPANY
or third party software and services
suppliers provide or make available to
you Supplemental Components and
no other EULA terms are provided
along with the Supplemental
Components, then the terms of this
EULA shall apply. FORD MOTOR
COMPANY, its affiliates and/or its
designated agent reserve the right to
discontinue without liability any
Internet-based services provided to
you or made available to you through
the use of the SOFTWARE.

•

Links to Third Party Sites:

The

SOFTWARE may provide you with the
ability to link to third party sites. The
third party sites are not under the
control of FORD MOTOR COMPANY,
its affiliates and/or its designated
agent. Neither FORD MOTOR
COMPANY nor its affiliates nor its
designated agent are responsible for
(I) the contents of any third party sites,
any links contained in third party sites,
or any changes or updates to third
party sites, or (ii) webcasting or any
other form of transmission received
from any third party sites. If the
SOFTWARE provides links to third
party sites, those links are provided to
you only as a convenience, and the
inclusion of any link does not imply an
endorsement of the third party site by
FORD MOTOR COMPANY, its affiliates
and/or its designated agent.

•

Obligation to Drive Responsibly:

You recognize your obligation to drive
responsibly and keep attention on the
road. You will read and abide with the
DEVICES operating instructions
particularly as they pertain to safety
and you agree to assume any risk
associated with the use of the
DEVICES.

UPGRADES AND RECOVERY MEDIA:

If the SOFTWARE is provided by FORD
MOTOR COMPANY separate from the
DEVICES on media such as a ROM chip,
CD ROM disk(s) or via web download or
other means, and is labeled "For Upgrade
Purposes Only" or "For Recovery Purposes
Only" you may install one (1) copy of such
SOFTWARE onto the DEVICES as a
replacement copy for the existing
SOFTWARE, and use it in accordance with
this EULA, including any additional EULA
terms accompanying the upgrade
SOFTWARE.

507

Customer Information

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:

•

Before using your SYNC® system, read
and follow all instructions and safety
information provided in this end user
manual ("Owner Guide".) Not
following precautions found in the
Owner Guide can lead to an accident
or other serious injuries.

508

Customer Information

General Operation
•

Voice Command Control

: Certain

functions within the SYNC® system
may be accomplished using voice
commands. Using voice commands
while driving helps you to operate the
system without removing your hands
from the wheel or eyes from the road.

•

Prolonged Views of Screen:

Do not

access any function requiring a
prolonged view of the screen while you
are driving. Pull over in a safe and legal
manner before attempting to access a
function of the system requiring
prolonged attention.

•

Volume Setting:

Do not raise the

volume excessively. Keep the volume
at a level where you can still hear
outside traffic and emergency signals
while driving. Driving while unable to
hear these sounds could cause an
accident.

•

Navigation Features:

Any navigation

features included in the system are
intended to provide turn by turn
instructions to get you to a desired
destination. Please make certain all
persons using this system carefully
read and follow instructions and safety
information fully.

•

Distraction Hazard:

Any navigation

features may require manual
(non-verbal) setup. Attempting to
perform such set-up or insert data
while driving can distract your attention
and could cause an accident or other
serious injury. Stop the vehicle in a safe
and legal manner before attempting
these operations.

•

Let Your Judgment Prevail:

Any

navigation features are provided only
as an aid. Make your driving decisions
based on your observations of local
conditions and existing traffic
regulations. Any such feature is not a

substitute for your personal judgment.
Any route suggestions made by this
system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.

•

Route Safety:

Do not follow the route

suggestions if doing so would result in
an unsafe or illegal maneuver, if you
would be placed in an unsafe situation,
or if you would be directed into an area
that you consider unsafe. The driver is
ultimately responsible for the safe
operation of the vehicle and therefore,
must evaluate whether it is safe to
follow the suggested directions.

•

Potential Map Inaccuracy:

Maps

used by this system may be inaccurate
because of changes in roads, traffic
controls or driving conditions. Always
use good judgment and common sense
when following the suggested routes.

•

Emergency Services:

Do not rely on

any navigation features included in the
system to route you to emergency
services. Ask local authorities or an
emergency services operator for these
locations. Not all emergency services
such as police, fire stations, hospitals
and clinics are likely to be contained in
the map database for such navigation
features.

509

Customer Information

Your Responsibilities and Assumptions of
Risk
•

You agree to each of the following:(a)
Any use of the SOFTWARE while
driving an automobile or other vehicle
in violation of applicable law or
otherwise driving in an unsafe manner
presents a significant risk of distracted
driving and should not be attempted
under any circumstances;(b) Use of
the SOFTWARE at excessive volume
poses a significant risk of hearing
damage and should not be attempted
under any circumstances;(c) The
SOFTWARE may not be compatible
with new or different versions of an
operating system, third party software,
or third party services, and the
SOFTWARE may potentially cause a
critical failure of an operating system,
third party software, or third party
service.(d) Any third party service
accessed by or third party software
used with the SOFTWARE (I) may
charge an additional fee for access, (ii)
may not work correctly, on an
uninterrupted basis, or error free, (iii)
may change streaming formats or
discontinue operation, (iv) may contain
adult, profane or offensive content; and
(v) may contain inaccurate, false or
misleading traffic, weather, financial
or safety information or other content;
and (e) Use of the SOFTWARE may
cause you to incur additional charges
from your wireless service provider
(WSP) and any data or minute
calculators that may be included in the
software program are for reference
only, are not warranted in any way and
should not be relied upon in anyway.

•

When using the SOFTWARE, you agree
to be responsible for and assume the
entire risk to the items set forth in
Section (a) – (e) above.

Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE DEVICES AND
SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY,
PERFORMANCE, COMPATIBILITY,
ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE
AND ANY THIRD PARTY SOFTWARE OR
THIRD-PARTY SERVICES ARE PROVIDED
"AS IS" AND “AS AVAILABLE”, WITH ALL
FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND FORD MOTOR COMPANY
HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO
THE SOFTWARE, THIRD PARTY
SOFTWARE, AND THIRD-PARTY
SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR AN
ARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. FORD MOTOR COMPANY DOES
NOT WARRANT (a) AGAINST
INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES,
(b) THAT THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES
WILL MEET YOUR REQUIREMENTS, (c)
THAT THE OPERATION OF THE
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, (d)
OR THAT DEFECTS IN THE SOFTWARE,
THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES WILL BE
CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
FORD MOTOR COMPANY OR ITS
AUTHORIZED REPRESENTATIVE SHALL

510

Customer Information

CREATE A WARRANTY. SHOULD THE
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES
OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER,
SO THE ABOVE DISCLAIMER MAY NOT
FULLY APPLY TO YOU. THE SOLE
WARRANTY PROVIDED BY FORD MOTOR
COMPANY SHALL BE FOUND IN THE
WARRANTY INFORMATION INCLUDING
WITH YOUR OWNER GUIDE. TO THE
EXTENT THAT THERE IS ANY CONFLICT
BETWEEN THE TERMS OF THIS SECTION
AND THE WARRANTY BOOKLET, THE
WARRANTY BOOKLET SHALL CONTROL.

Applicable Law, Venue, Jurisdiction

•

The laws of the State of Michigan
govern this EULA and Your use of the
SOFTWARE. Your use of the
SOFTWARE may also be subject to
other local, state, national, or
international laws. Any litigation arising
out of or related to this EULA shall be
brought and maintained exclusively in
a court of the State of Michigan
located in Wayne County or in the
United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal
jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.

Binding Arbitration and Class Action
Waiver

(a) Application.

This Section applies to

any dispute EXCEPT IT DOES NOT
INCLUDE A DISPUTE RELATING TO
COPYRIGHT INFRINGEMENT, OR TO THE
ENFORCEMENT OR VALIDITY OF YOUR,
FORD MOTOR COMPANY, OR ANY OF
FORD MOTOR COMPANY’S LICENSORS’
INTELLECTUAL PROPERTY RIGHTS.
Dispute means any dispute, action, or other
controversy between You and FORD
MOTOR COMPANY, other than the
exceptions listed above, concerning the
SOFTWARE (including its price) or this
EULA, whether in contract, warranty, tort,
statute, regulation, ordinance, or any other
legal or equitable basis.

(b) Notice of Dispute.

In the event of a

Dispute, You or FORD MOTOR COMPANY
must give the other a “Notice of Dispute”,
which is a written statement of the name,
address, and contact information of the
party giving it, the facts giving rise to the
dispute, and the relief requested. You and
FORD MOTOR COMPANY will attempt to
resolve any dispute through informal
negotiation within 60 days from the date
the Notice of Dispute is sent. After 60 days,
You or FORD MOTOR COMPANY may
commence arbitration.

(c) Small claims court.

You may also

litigate any dispute in small claims court
in your county of residence or FORD
MOTOR COMPANY’S principal place of
business, if the dispute meets all
requirements to be heard in the small
claims court. You may litigate in small
claims court whether or not You
negotiated informally first.

(d) Binding arbitration.

If You and FORD

MOTOR COMPANY, do not resolve any
dispute by informal negotiation or in small
claims court, any other effort to resolve
the dispute will be conducted exclusively
by binding arbitration. You are giving up

511

Customer Information

the right to litigate (or participate in as a
party or class member) all disputes in court
before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator,
whose decision will be final except for a
limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction
over the parties may enforce the
arbitrator’s award.

(e) Class action waiver.

Any proceedings

to resolve or litigate any dispute in any
forum will be conducted solely on an
individual basis. Neither you nor FORD
MOTOR COMPANY, will seek to have any
dispute heard as a class action, as a private
attorney general action, or in any other
proceeding in which any party acts or
proposes to act in a representative
capacity. No arbitration or proceeding will
be combined with another without the
prior written consent of all parties to all
affected arbitrations or proceedings.

(f) Arbitration procedure.

Any

arbitration will be conducted by the
American Arbitration Association (the
“AAA”), under its Commercial Arbitration
Rules. If You are an individual and use the
SOFTWARE for personal or vehicle use, or
if the value of the dispute is $75,000 or
less whether or not You are an individual
or how You use the SOFTWARE, the AAA
Supplementary Procedures for
Consumer-Related Disputes will also
apply. To commence arbitration, submit a
Commercial Arbitration Rules Demand for
Arbitration form to the AAA. You may
request a telephonic or in-person hearing
by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will
be telephonic unless the arbitrator finds
good cause to hold an in-person hearing
instead. For more information, see adr.org
or call 1-800-778-7879. You agree to
commence arbitration only in your county
of residence or FORD MOTOR COMPANY’S
principal place of business. The arbitrator

may award the same damages to you
individually as a court could. The arbitrator
may award declaratory or injunctive relief
only to you individually, and only to the
extent required to satisfy your individual
claim.

(g) Arbitration fees and incentives.

•

I. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will
promptly reimburse your filing fees and
pay the AAA’s and arbitrator’s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement
offer made before the arbitrator was
appointed (“last written offer”), your
dispute goes all the way to an
arbitrator’s decision (called an
“award”), and the arbitrator awards
you more than the last written offer,
FORD MOTOR COMPANY will give you
three incentives: (1) pay the greater of
the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and
(3) reimburse any expenses (including
expert witness fees and costs) that
your attorney reasonably accrues for
investigating, preparing, and pursuing
your claim in arbitration. The arbitrator
will determine the amounts.

•

ii. Disputes involving more than
$75,000. The AAA rules will govern
payment of filing fees and the AAA’s
and arbitrator’s fees and expenses.

•

iii. Disputes involving any amount. In
any arbitration you commence, FORD
MOTOR COMPANY will seek its AAA
or arbitrator’s fees and expenses, or
Your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous
or brought for an improper purpose. In
any arbitration FORD MOTOR
COMPANY commences, it will pay all

512

Customer Information

filing, AAA, and arbitrator’s fees and
expenses. It will not seek its attorney’s
fees or expenses from you in any
arbitration. Fees and expenses are not
counted in determining how much a
dispute involves.

(h) Claims or disputes must be filed
within one year.

To the extent permitted

by law, any claim or dispute under this
EULA to which this Section applies must
be filed within one year in small claims
court (Section c) or in arbitration (Section
d). The one-year period begins when the
claim or dispute first could be filed. If such
a claim or dispute is not filed within one
year, it is permanently barred.

(I) Severability.

If the class action waiver

(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those
parts will be severed and proceed in a court
of law, with the remaining parts proceeding
in arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be
severed with the remainder of Section e
remaining in full force and effect.

Telenav Software End User License
Agreement

Please read these terms and conditions
carefully before you use the TeleNav
Software. Your use of the TeleNav
Software indicates that you accept these
terms and conditions. If you do not accept
these terms and conditions, do not break
the seal of the package, launch, or
otherwise use the TeleNav Software.
TeleNav may revise this Agreement and
the privacy policy at any time, with or
without notice to you. You agree to visit
http://www.telenav.com from time to time
to review the then current version of this
Agreement and of the privacy policy.

1. Safe and Lawful Use

You acknowledge that devoting attention
to the TeleNav Software may pose a risk
of injury or death to you and others in
situations that otherwise require your
undivided attention, and you therefore
agree to comply with the following when
using the TeleNav Software:

(a) observe all traffic laws and otherwise
drive safely;

(b) use your own personal judgment while
driving. If you feel that a route suggested
by the TeleNav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions;

(c) do not input destinations, or otherwise
manipulate the TeleNav Software, unless
your vehicle is stationary and parked;

(d) do not use the TeleNav Software for
any illegal, unauthorized, unintended,
unsafe, hazardous, or unlawful purposes,
or in any manner inconsistent with this
Agreement;

(e) arrange all GPS and wireless devices
and cables necessary for use of the
TeleNav Software in a secure manner in
your vehicle so that they will not interfere
with your driving and will not prevent the
operation of any safety device (such as an
airbag).

You agree to indemnify and hold TeleNav
harmless against all claims resulting from
any dangerous or otherwise inappropriate
use of the TeleNav Software in any moving
vehicle, including as a result of your failure
to comply with the directions above.

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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

•

(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

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is dependent on the accuracy of
navigation, as the maps or functionality
of the TeleNav Software are not
intended to support such high risk
applications, especially in more remote
geographical areas.

•

TELENAV EXPRESSLY DISCLAIMS
AND EXCLUDES ALL WARRANTIES IN
CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ALL
WARRANTIES WHICH MAY ARISE
FROM COURSE OF DEALING, CUSTOM
OR TRADE AND INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS WITH
RESPECT TO THE TELENAV
SOFTWARE.

•

Certain jurisdictions do not permit the
disclaimer of certain warranties, so this
limitation may not apply to you.

5. Limitation of Liability

•

TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV
OR ITS LICENSORS AND SUPPLIERS
BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING IN EACH CASE, BUT NOT
LIMITED TO, DAMAGES FOR THE
INABILITY TO USE THE EQUIPMENT
OR ACCESS DATA, LOSS OF DATA,
LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION
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 law provisions. To the
extent judicial action is necessary in
connection with the binding arbitration,
both TeleNav and you agree to submit

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to the exclusive jurisdiction of the
courts of the County of Santa Clara,
California. The United Nations
Convention on Contracts for the
International Sale of Goods shall not
apply.

7. Assignment

•

You may not resell, assign, or transfer
this Agreement or any of your rights or
obligations, except in totality, in
connection with your permanent
transfer of the TeleNav Software, and
expressly conditioned upon the new
user of the TeleNav Software agreeing
to be bound by the terms and
conditions of this Agreement. Any such
sale, assignment or transfer that is not
expressly permitted under this
paragraph will result in immediate
termination of this Agreement, without
liability to TeleNav, in which case you
and all other parties shall immediately
cease all use of the 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.

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Customer Information

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 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.

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.

The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.

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

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.

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Customer Information

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

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Customer Information