Ford E-350 (2022 year). Manual in english — page 17

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.

267

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.

268

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:

269

Appendices

Website

http://www.microsoft.com/exporting/

TRADEMARKS:

This EULA does not grant

you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, MS, Microsoft
Corporation, third party software or service
providers, their affiliates or suppliers.

PRODUCT SUPPORT:

Product support

for the SOFTWARE is not provided by MS,
its parent corporation Microsoft
Corporation, or their affiliates or
subsidiaries. For product support, please
refer to FORD MOTOR COMPANY
instructions provided in the documentation
for the DEVICE. 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 DEVICE.

No Liability for Certain Damages:

EXCEPT AS PROHIBITED BY LAW, FORD
MOTOR COMPANY, ANY THIRD PARTY
SOFTWARE OR SERVICES SUPPLIERS,
MS, MICROSOFT CORPORATION 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. IN NO EVENT SHALL MS,
MICROSOFT CORPORATION AND/OR
THEIR AFFILIATES BE LIABLE FOR ANY
AMOUNT IN EXCESS OF U.S. TWO
HUNDRED FIFTY DOLLARS (U.S.
$250.00).

•

THERE ARE NO WARRANTIES OTHER
THAN THOSE THAT MAY EXPRESSLY
BE PROVIDED FOR YOUR NEW
VEHICLE.

Adobe

Contains Adobe® [Flash® Player] or
[AIR®] technology by Adobe Systems
Incorporated. This [Licensee Product]
contains [Adobe® Flash® Player]
[Adobe® AIR®] software under license
from Adobe Systems Incorporated,
Copyright ©1995-2009 Adobe
Macromedia Software LLC. All rights
reserved. Adobe, Flash and AIR are
trademarks of Adobe Systems
Incorporated.

End User Notice

Microsoft® Windows® Mobile for
Automotive Important Safety
Information

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

Read and follow instructions:

Before

using your Windows Automotive- based
system, read and follow all instructions
and safety information provided in this end
user manual ("User's Guide"). Not
following precautions found in this User's
Guide can lead to an accident or other
serious consequences.

270

Appendices

Keep User's Guide in vehicle:

When kept

in the vehicle, the User's Guide will be a
ready reference for you and other users
unfamiliar with the Windows
Automotive-based system. Please make
certain that before using the system for
the first time, all persons have access to
the User's Guide and read its instructions
and safety information carefully.

WARNING:

Driving while distracted

can result in loss of vehicle control, crash
and injury. We strongly recommend that
you use extreme caution when using any
device that may take your focus off the
road. Your primary responsibility is the
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.

General Operation

Voice Command Control:

Functions

within the Windows Automotive-based
system may be accomplished using only
voice commands. Using voice commands
while driving allows you to operate the
system without removing your hands from
the wheel.

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. Even
occasional short scans to the screen may
be hazardous if your attention has been
diverted away from your driving task at a
critical time.

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.

Use of Speech Recognition Functions:

Speech recognition software is inherently
a statistical process which is subject to
errors. It is your responsibility to monitor
any speech recognition functions included
in the system and address any errors.

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 seriously
distract your attention and could cause an
accident or other serious consequences.
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.

271

Appendices

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.

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.

These terms and conditions represent the
agreement (“Agreement”) between you
and Telenav, Inc. (“Telenav”) with respect
to the Telenav Software (including
upgrades, modifications, or additions
thereto) (collectively “Telenav Software”).
All references herein to “you” and “your”
means you, your employees, agents, and
contractors, and any other entity on whose
behalf you accept these terms and

conditions, all of whom shall also be bound
by this Agreement. Additionally, all of your
account information, as well as other
payment and personal information
provided by you to Telenav (directly or
through the use of the Telenav Software,
is subject to Telenav’s privacy policy
located at http://www.telenav.com.

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).

272

Appendices

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.

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

You agree not to do any of the following:
(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 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.

273

Appendices

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 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

274

Appendices

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

275

Appendices

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.

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.

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

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Appendices

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

277

Appendices

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:

NOTICE OF USE

CONTRACTOR (MANUFACTURER/

SUPPLIER) NAME: HERE

CONTRACTOR (MANUFACTURER/

SUPPLIER) ADDRESS: c/o Nokia, 425

West Randolph Street, Chicago, Illinois

60606

This Data is a commercial item as

defined in FAR 2.101 and is subject to

these End-User Terms under which this

Data was provided.

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.

I. US/Canada Territory

A. United States Data. The End-User
Terms for any Application containing
Data for the United States shall contain
the following notices:

“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.”

278

Appendices

B. Canada Data. The following provi-
sions apply to the Data for Canada,
which may include or reflect data from
third party licensors (“Third Party
Data”), including Her Majesty the Queen
in Right of Canada (“Her Majesty”),
Canada Post Corporation (“Canada
Post”) and the Department of Natural
Resources of Canada (“NRCan”):

1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions:

a. Disclaimer: The Third Party Data
is licensed on an “as is” basis. The
licensors of such data, including Her
Majesty, Canada Post and NRCan,
make no guarantees, representa-
tions 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.

b. Limitation on Liability: The Third
Party Data licensors, including Her
Majesty, Canada Post and NRCan,
shall not be liable: (i) in respect of
any claim, demand or action, irre-
spective 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 such
Data; or (ii) in any way for loss of
revenues or contracts, or any other
consequential loss of any kind
resulting from any defect in the
Data.

2. Copyright Notice: In connection with
each copy of all or any portion of the
Data for the Territory of Canada, Client
shall affix in a conspicuous manner the
following copyright notice on at least
one of: (i) the label for the storage
media of the copy; (ii) the packaging
for the copy; or (iii) other materials
packaged with the copy, such as user
manuals or end user license agree-
ments: “This data 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®, © The
Department of Natural Resources
Canada. All rights reserved.”

3. End-User Terms: Except as other-
wise agreed by the parties, in connec-
tion with the provision of any portion
of the Data for the Territory of Canada
to End-Users as may be authorized
under the Agreement, Client shall
provide such End-Users, in a reason-
ably conspicuous manner, with terms
(set forth with other end user terms
required to be provided under the
Agreement, or as otherwise may be
provided, by Client) which shall include
the following provisions on behalf of
the Third Party Data licensors,
including Her Majesty, Canada Post
and NRCan:

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,

279

Appendices

either express or implied, arising by
law or otherwise, including but not
limited to, effectiveness, complete-
ness, 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 posses-
sion 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.

4. Additional Provisions: The terms
contained in this Section are in addi-
tion to all of the rights and obligations
of the parties under the Agreement.
To the extent that any of the provi-
sions of this Section are inconsistent
with, or conflict with, any other provi-
sions of the Agreement, the provisions
of this Section shall prevail.

II. Mexico. The following provision applies
to the Data for Mexico, which includes
certain data from the Instituto Nacional
de Estadística y Geografía (“INEGI”):

A. Any and all copies of the Data and/or
packaging containing Data for Mexico
shall contain the following notice:
“Fuente: INEGI (Instituto Nacional de
Estadística y Geografía)”

III. Latin America Territory

A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used
as described below corresponding to
the Territory (or portion thereof)
included in such copy:

Notice

Territory

“INSTITUTO GEOGRAFICO
MILITAR DEL ECUADOR
AUTORIZACION N° IGM-
2011-01- PCO-01 DEL 25 DE
ENERO DE 2011”

Ecuador

“source: © IGN 2009 - BD
TOPO ®”

“Fuente: INEGI (Instituto
Nacional de Estadística y
Geografía)”

Guade-
loupe,
French
Guiana
and
Marti-
nique
Mexico

IV. Middle East Territory

280

Appendices

A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used
as described below corresponding to
the Territory (or portion thereof)
included in such copy:

Notice

Country

“© Royal Jordanian
Geographic Centre”. The
foregoing notice require-
ment for Jordan Data is a
material term of the Agree-
ment. If Client or any of its

Jordan

permitted sublicensees (if
any) fail to meet such
requirement, HERE shall
have the right to terminate
Client’s license with respect
to the Jordan Data.

B. Jordan Data. Client and its permitted
sublicensees (if any) are restricted from
licensing and/or otherwise distributing
HERE’s database for the country of
Jordan (“Jordan Data”) for use in Enter-
prise Applications to (i) non-Jordanian
entities for use of the Jordan Data solely
in Jordan or (ii) Jordan-based customers.
In addition, Client, its permitted subli-
censees (if any) and End-Users are
restricted from using the Jordan Data in
Enterprise Applications if such party is
(i) a non-Jordanian entity using the
Jordan Data solely in Jordan or (ii) a
Jordan-based customer. For purposes
of the foregoing, “Enterprise Applica-
tions” shall mean Geomarketing applic-
ations, GIS applications, mobile business
asset management applications, call
center applications, telematics applica-
tions, public organization Internet
applications or for providing geocoding
services.

V. Europe Territory

A. Use of Certain Traffic Codes in Europe

1. General Restrictions Applicable to
Traffic Codes. Client acknowledges
and agrees that in certain countries of
the Europe Territory, Client will need
to obtain rights directly from third
party RDS-TMC code providers to
receive and use the Traffic Codes in
the Data and to deliver to End-Users
Transactions in any way derived from
or based on such Traffic Codes. For
such countries, HERE shall deliver the
Data incorporating Traffic Codes to
Client only after receiving certification
from Client of its having obtained such
rights.

2. Display of Third Party Rights
Legends for Belgium. Client shall, for
each Transaction that uses Traffic
Codes for Belgium, provide the
following notice to the End-User:
“Traffic Codes for Belgium are
provided by the Ministerie van de
Vlaamse Gemeenschap and the
Ministèrie de l’Equipement et des
Transports.”

B. Paper Maps. With respect to any
license granted to Client relating to
making, selling or distributing paper
maps (i.e., a map fixed on a paper or
paper-like medium): (a) such license
with respect to Data for the Territory of
Great Britain is conditioned on Client’s
entering into and complying with a
separate written agreement with the
Ordnance Survey (“OS”) to create and
sell paper maps, Client’s paying to the
OS any and all applicable paper map
royalties, and Client’s complying with
the OS copyright notice requirements;
(b) such license for selling or otherwise
distributing for charge with respect to
Data for the Territory of Czech Republic

281

Appendices

is conditioned on Client’s obtaining prior
written consent from Kartografie a.s.;
(c) such license for selling or distributing
with respect to Data for the Territory of
Switzerland is conditioned on Client’s
obtaining a permit from Bundesamt für
Landestopografie of Switzerland; (d)
Client is restricted from using Data for
the Territory of France to create paper
maps with a scale between 1:5,000 and
1:250,000; and (e) Client is restricted
from using any Data to create, sell or
distribute paper maps that are the same
or substantially similar, in terms of data
content and specific use of color,
symbols and scale, to paper maps
published by the European national
mapping agencies, including without
limitation, Landervermessungämter of
Germany, Topografische Dienst of the
Netherlands, Nationaal Geografisch
Instituut of Belgium, Bundesamt für
Landestopografie of Switzerland,
Bundesamt für Eich-und Vermessung-
swesen of Austria, and the National
Land Survey of Sweden.

C. OS Enforcement. Without limiting
Section IV(B) above, with respect to
Data for the Territory of Great Britain,
Client acknowledges and agrees that
the Ordnance Survey (“OS”) may bring
a direct action against Client to enforce
compliance with the OS copyright notice
(see Section IV(D) below) and paper
map requirements (see Section IV(B)
above) contained in this Agreement.

D. Third Party Notices. Any and all
copies of the Data and/or packaging
relating thereto shall include the
respective Third Party Notices set forth
below and used as described below
corresponding to the Territory (or
portion thereof) included in such copy:

Notice

Country(ies)

“© Bundesamt für Eich-
und Vermessungswesen”

Austria

“© EuroGeographics”

Croatia
Cyprus,
Estonia,
Latvia,
Lithuania,
Moldova,
Poland,
Slovenia
and/or
Ukraine

“source: © IGN 2009 – BD
TOPO ®”

France

“Die Grundlagendaten
wurden mit Genehmigung
der zuständigen Behörden
entnommen”

Germany

“Contains Ordnance
Survey data © Crown
copyright and database
right 2010 Contains Royal
Mail data © Royal Mail
copyright and database
right 2010”

Great
Britain

“Copyright Geomatics
Ltd.”

Greece

“Copyright © 2003; Top-
Map Ltd.”

Hungary

“La Banca Dati Italiana è
stata prodotta usando
quale riferimento anche
cartografia numerica ed al
tratto prodotta e fornita
dalla Regione Toscana.”

Italy

“Copyright © 2000;
Norwegian Mapping
Authority”

Norway

“Source: IgeoE – Portugal”

Portugal

282

Appendices