Ford E-450 (2018 year). Manual — part 75

THE TELENAV SOFTWARE. SOME
STATES AND/OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO
YOU.

6. Arbitration and Governing Law

You agree that any dispute, claim or
controversy arising out of or relating to this
Agreement or the Telenav Software shall
be settled by independent arbitration
involving a neutral arbitrator and
administered by the American Arbitration
Association in the County of Santa Clara,
California. The arbitrator shall apply the
Commercial Arbitration Rules of the
American Arbitration Association, and the
judgment upon the award rendered by the
arbitrator may be entered by any court
having jurisdiction. Note that there is no
judge or jury in an arbitration proceeding
and the decision of the arbitrator shall be
binding upon both parties. You expressly
agree to waive your right to a jury trial.

This Agreement and performance
hereunder will be governed by and
construed in accordance with the laws of
the State of California, without giving
effect to its conflict of laws provisions. To
the extent judicial action is necessary in
connection with the binding arbitration,
both Telenav and you agree to submit to
the exclusive jurisdiction of the courts of
the County of Santa Clara, California. The
United Nations Convention on Contracts
for the International Sale of Goods shall
not apply.

7. Assignment

You may not resell, assign, or transfer this
Agreement or any of your rights or
obligations, except in totality, in connection
with your permanent transfer of the
Telenav Software, and expressly
conditioned upon the new user of the

Telenav Software agreeing to be bound by
the terms and conditions of this
Agreement. Any such sale, assignment or
transfer that is not expressly permitted
under this paragraph will result in
immediate termination of this Agreement,
without liability to Telenav, in which case
you and all other parties shall immediately
cease all use of the Telenav Software.
Notwithstanding the foregoing, Telenav
may assign this Agreement to any other
party at any time without notice, provided
the assignee remains bound by this
Agreement.

8. Miscellaneous

8.1

This Agreement constitutes the entire
agreement between Telenav and you with
respect to the subject matter hereof.

8.2

Except for the limited licenses expressly
granted in this Agreement, Telenav retains
all right, title and interest in and to the
Telenav Software, including without
limitation all related intellectual property
rights. No licenses or other rights which are
not expressly granted in this Agreement
are intended to, or shall be, granted or
conferred by implication, statute,
inducement, estoppel or otherwise, and
Telenav and its suppliers and licensors
hereby reserve all of their respective rights
other than the licenses explicitly granted
in this Agreement.

8.3

By using the Telenav Software, you
consent to receive from Telenav all
communications, including notices,
agreements, legally required disclosures
or other information in connection with the
Telenav Software (collectively, “Notices”)
electronically. Telenav may provide such

Notices by posting them on Telenav’s
Website or by downloading such Notices
to your wireless device. If you desire to
withdraw your consent to receive Notices
electronically, you must discontinue your
use of the Telenav Software.

8.4

Telenav’s or your failure to require
performance of any provision shall not
affect that party’s right to require
performance at any time thereafter, nor
shall a waiver of any breach or default of
this Agreement constitute a waiver of any
subsequent breach or default or a waiver
of the provision itself.

8.5

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

8.6

The headings in this Agreement are for
convenience of reference only, will not be
deemed to be a part of this Agreement,
and will not be referred to in connection
with the construction or interpretation of
this Agreement. As used in this Agreement,
the words “include” and “including,” and
variations thereof, will not be deemed to
be terms of limitation, but rather will be
deemed to be followed by the words
“without limitation.”

9. Other Vendors Terms and Conditions

The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement includes
end-user terms applicable to these
companies (included at the end of this

Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav’s third
party vendor licensors:

9.1 End User Terms Required by HERE
North America, LLC

The data (“Data”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and Telenav (“Telenav”) and
its licensors (including their licensors and
suppliers) on the other hand.

© 2013 HERE. All rights reserved.

The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada.

HERE holds a non-exclusive license from
the United States Postal Service® to
publish and sell ZIP+4® information.

©United States Postal Service® 2014.
Prices are not established, controlled or
approved by the United States Postal
Service®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and
ZIP+4.

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

TERMS AND CONDITIONS

9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd

The data (“Data”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and NAV2 (Shanghai) Co.,
Ltd (“NAV2”) and its licensors (including
their licensors and suppliers) on the other
hand.

© 20xx. All rights reserved.

Permitted Use.

You agree to use this Data together with
the Telenav Software solely for the internal
business and personal purposes for which
you were licensed, and not for service
bureau, time-sharing or other similar
purposes. Accordingly, but subject to the
restrictions set forth in the following
paragraphs, you agree not to otherwise
reproduce, copy, modify, decompile,
disassemble, create any derivative works
of, or reverse engineer any portion of this
Data, and may not transfer or distribute it
in any form, for any purpose, except to the
extent permitted by mandatory laws.

Restrictions.

Except where you have been specifically
licensed to do so by Telenav, and without
limiting the preceding paragraph, you may
not use this Data (a) with any products,
systems, or applications installed or
otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any

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: