Ford Fusion Hybrid (2014 year). Manual — part 102

END USER LICENSE
AGREEMENT

SYNC® End User License
Agreement (EULA)

•

You have acquired a device ("DEVICE")
that includes software licensed by Ford
Motor Company and its affiliates
("FORD MOTOR COMPANY") from an
affiliate of Microsoft Corporation
("MS") . Those installed software
products of MS origin, as well as
associated media, printed materials,
and "online" or electronic
documentation ("MS SOFTWARE")
are protected by international
intellectual property laws and treaties.
The MS SOFTWARE is licensed, not
sold. All rights reserved.

•

The MS SOFTWARE may interface with
and/or communicate with, or may be
later upgraded to interface with and/or
communicate with additional software
and/or systems provided by FORD
MOTOR COMPANY. The additional
software and systems of FORD
MOTOR COMPANY origin, as well as
associated media, printed materials,
and "online" or electronic
documentation ("FORD SOFTWARE")
are protected by international
intellectual property laws and treaties.
The FORD SOFTWARE is licensed, not
sold. All rights reserved.

•

The MS SOFTWARE and/or FORD
SOFTWARE may interface with and/or
communicate with, or may be later
upgraded to interface with and/or
communicate with additional software
and/or systems provided by third party
software and service suppliers. The
additional software and services of
third party origin, as well as associated
media, printed materials, and "online"
or electronic documentation ("THIRD
PARTY SOFTWARE") are protected by
international intellectual property laws
and treaties. The THIRD PARTY
SOFTWARE is licensed, not sold. All
rights reserved.

•

The MS SOFTWARE, FORD
SOFTWARE and THIRD PARTY
SOFTWARE hereinafter collectively
and individually will be referred to as
"SOFTWARE".

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

GRANT OF SOFTWARE LICENSE: This
EULA grants you the following license:

•

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

411

Appendices

Description of Other Rights and
Limitations

•

Speech Recognition: If the
SOFTWARE includes speech
recognition component(s), you should
understand that speech recognition is
an inherently statistical process and
that recognition errors are inherent in
the process. Neither FORD MOTOR
COMPANY nor its suppliers shall be
liable for any damages arising out of
errors in the speech recognition
process.

•

Limitations on Reverse Engineering,
Decompilation and Disassembly:
You may not reverse engineer,
decompile, or disassemble nor permit
others to reverse engineer, decompile
or disassemble the SOFTWARE, except
and only to the extent that such activity
is expressly permitted by applicable
law notwithstanding this limitation.

•

Limitations on Distributing,
Copying, Modifying and Creating
Derivative Works: You may not
distribute, copy, make modifications
to or create derivative works based on
the SOFTWARE, except and only to the
extent that such activity is expressly
permitted by applicable law
notwithstanding this limitation.

•

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

•

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

•

Termination: Without prejudice to any
other rights, FORD MOTOR COMPANY
or MS may terminate this EULA if you
fail to comply with the terms and
conditions of this EULA.

•

Security Updates/Digital Rights
Management: Content owners use
the WMDRM technology included in
your DEVICE to protect their
intellectual property, included
copyrighted content. Portions of the
SOFTWARE on your DEVICE use
WMDRM software to access
WMDRM-protected content. If the
WMDRM software fails to protect the
content, content owners may ask
Microsoft to revoke the SOFTWARE's
ability to use WMDRM to play or copy
protected content. This action does
not affect unprotected content. When
your DEVICE downloads licenses for
protected content, you agree that
Microsoft may include a revocation list
with the licenses. Content owners may
require you to upgrade the SOFTWARE
on your DEVICE to access their content.
If you decline an upgrade, you will not
be able to access content that requires
the upgrade.

412

Appendices

•

Consent to Use of Data: You agree
that MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and systems suppliers, their
affiliates and/or their designated agent
may collect and use technical
information gathered in any manner as
part of product support services related
to the SOFTWARE or related services.
MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and services suppliers, their
affiliates and/or their designated agent
may use this information solely to
improve their products or to provide
customized services or technologies to
you. MS, Microsoft Corporation, FORD
MOTOR COMPANY, third party
software and systems suppliers, their
affiliates and/or their designated agent
may disclose this information to others,
but not in a form that personally
identifies you.

•

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

•

Additional Software/Services: The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, MS, Microsoft
Corporation, their affiliates and/or their
designated agent to provide or make
available to you SOFTWARE updates,

supplements, add-on components, or
Internet-based services components
of the SOFTWARE after the date you
obtain your initial copy of the
SOFTWARE ("Supplemental
Components").

If FORD MOTOR COMPANY or third party
software and services suppliers provide or
make available to you Supplemental
Components and no other EULA terms are
provided along with the Supplemental
Components, then the terms of this EULA
shall apply.

If MS, Microsoft Corporation, their affiliates
and/or their designated agent make
available Supplemental Components, and
no other EULA terms are provided, then
the terms of this EULA shall apply, except
that the MS, Microsoft Corporation or
affiliate entity providing the Supplemental
Component(s) shall be the licensor of the
Supplemental Component(s).

FORD MOTOR COMPANY, MS, Microsoft
Corporation, their affiliates and/or their
designated agent reserve the right to
discontinue without liability any
Internet-based services provided to you or
made available to you through the use of
the SOFTWARE.

413

Appendices

•

Links to Third Party Sites: The MS
SOFTWARE may provide you with the
ability to link to third party sites through
the use of the SOFTWARE. The third
party sites are not under the control of
MS, Microsoft Corporation, their
affiliates and/or their designated
agent. Neither MS nor Microsoft
Corporation nor their affiliates nor their
designated agent are responsible for
(i) the contents of any third party sites,
any links contained in third party sites,
or any changes or updates to third
party sites, or (ii) webcasting or any
other form of transmission received
from any third party sites. If the
SOFTWARE provides links to third
party sites, those links are provided to
you only as a convenience, and the
inclusion of any link does not imply an
endorsement of the third party site by
MS, Microsoft Corporation, their
affiliates and/or their designated
agent.

•

Obligation to Drive Responsibly:
You recognize your obligation to drive
responsibly and keep attention on the
road. You will read and abide with the
DEVICE operating instructions
particularly as they pertain to safety
and assumes any risk associated with
the use of the DEVICE.

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

INTELLECTUAL PROPERTY RIGHTS:
All title and intellectual property rights in
and to the SOFTWARE (including but not
limited to any images, photographs,
animations, video, audio, music, text and
"applets" incorporated into the
SOFTWARE), the accompanying printed
materials, and any copies of the
SOFTWARE, are owned by MS, Microsoft
Corporation, FORD MOTOR COMPANY, or
their affiliates or suppliers. The
SOFTWARE is licensed, not sold. You may
not copy the printed materials
accompanying the SOFTWARE. All title
and intellectual property rights in and to
the content which may be accessed
through use of the SOFTWARE is the
property of the respective content owner
and may be protected by applicable
copyright or other intellectual property
laws and treaties. This EULA grants you no
rights to use such content. All rights not
specifically granted under this EULA are
reserved by MS, Microsoft Corporation,
FORD MOTOR COMPANY, third party
software and service providers, their
affiliates and suppliers. Use of any on-line
services which may be accessed through
the SOFTWARE may be governed by the
respective terms of use relating to such
services. If this SOFTWARE contains
documentation that is provided only in
electronic form, you may print one copy of
such electronic documentation.

EXPORT RESTRICTIONS: You
acknowledge that the SOFTWARE is
subject to U.S. and European Union export
jurisdiction. You agree to comply with all
applicable international and national laws
that apply to the SOFTWARE, including
the U.S. Export Administration Regulations,
as well as end-user, end-use and
destination restrictions issued by U.S. and
other governments. For additional
information, see
http://www.microsoft.com/exporting/.

414

Appendices