Ford Police Interceptor Utility (2022 year). Manual in english — page 24

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.

•

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

410

Appendices

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

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

411

Appendices

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.

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.

412

Appendices

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.

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

413

Appendices

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:

414

Appendices

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.”

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.

415

Appendices

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,

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.

416

Appendices

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

IGN “INSTITUTO
GEOGRAFICO NACIONAL
ARGENTINO”

Argen-
tina

“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

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 requirement
for Jordan Data is a material
term of the Agreement. If
Client or any of its permitted

Jordan

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.

417

Appendices

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

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)

418

Appendices

“© 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

“Información geográfica
propiedad del CNIG”

Spain

“Based upon electronic
data © National Land
Survey Sweden.”

Sweden

“Topografische
Grundlage: © Bundesamt
für Landestopographie.

Switzerland

E. Respective Country Distribution. Client
acknowledges that HERE has not
received approvals to distribute map
data for the following countries in such
respective countries: Albania, Belarus,
Kyrgyzstan, Moldova and Uzbekistan.
HERE may update such list from time to
time. The license rights granted to Client
under this TL with respect to the Data
for such countries are contingent upon
Client’s compliance with all applicable
laws and regulations, including, without
limitation, any required licenses or
approvals to distribute the Application
incorporating such Data in such
respective countries.

VI. Australia 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:

Copyright. Based on data provided
under license from PSMA Australia
Limited (www.psma.com.au).

419

Appendices

Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.

B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing
RDS-TMC Traffic Codes for Australia
shall contain the following notice:
“Product incorporates traffic location
codes which is © 20XX Telstra Corpora-
tion Limited and its licensors.”

AT&T Vehicle Network Carrier
Telematics Disclosure

END USER FOR PURPOSES OF THIS
SECTION MEANS YOU AND YOUR HEIRS,
EXECUTORS, LEGAL PERSONAL
REPRESENTATITVES AND PERMITED
ASSIGNS. FOR PURPOSES OF THIS
SECTION “UNDERLYING WIRELESS
SERVICE CARRIER” INCLUDES ITS
AFFILIATES AND CONTRACTORS AND
THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SUCCESSORS
AND ASSIGNS. END USER HAS NO
CONTRACTUAL RELATIONSHIP WITH
THE UNDERLYING WIRELESS SERVICE
CARRIER AND END USER IS NOT A THIRD
PARTY BENEFICIARY OF ANY
AGREEMENT BETWEEN FORD AND
UNDERLYING CARRIER. END USER
UNDERSTANDS AND AGREES THAT THE
UNDERLYING CARRIER HAS NO LEGAL,
EQUITABLE, OR OTHER LIABILITY OF ANY
KIND TO END USER. IN ANY EVENT,
REGARDLESS OF THE FORM OF THE
ACTION, WHETHER FOR BREACH OF
CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR
OTHERWISE, END USER'S EXCLUSIVE
REMEDY FOR CLAIMS ARISING IN ANY
WAY IN CONNECTION WITH THIS
AGREEMENT, FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OR

DISRUPTION OF SERVICE PROVIDED
HEREUNDER, IS LIMITED TO PAYMENT
OF DAMAGES IN AN AMOUNT NOT TO
EXCEED THE AMOUNT PAID BY END USER
FOR THE SERVICES DURING THE
TWO-MONTH PERIOD PRECEDING THE
DATE THE CLAIM AROSE.

(ii) END USER AGREES TO INDEMNIFY
AND HOLD HARMLESS THE UNDERLYING
WIRELESS SERVICE CARRIER AND ITS
OFFICERS, EMPLOYEES, AND AGENTS
AGAINST ANY AND ALL CLAIMS,
INCLUDING WITHOUT LIMITATION
CLAIMS FOR LIBEL, SLANDER, OR ANY
PROPERTY DAMAGE, PERSONAL INJURY
OR DEATH, ARISING IN ANY WAY,
DIRECTLY OR INDIRECTLY, IN
CONNECTION WITH THIS AGREEMENT
OR THE USE, FAILURE TO USE, OR
INABILITY TO USE THE DEVICE EXCEPT
WHERE THE CLAIMS RESULT FROM THE
UNDERLYING CARRIER’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
THIS INDEMNITY WILL SURVIVE THE
TERMINATION OF THE AGREEMENT.

(iii) END USER HAS NO PROPERTY RIGHT
IN ANY NUMBER ASSIGNED TO THE
DEVICE.

(iv) END USER UNDERSTANDS THAT
FORD AND THE UNDERLYING CARRIER
CANNOT GUARANTY THE SECURITY OF
WIRELESS TRANSMISSIONS, AND WILL
NOT BE LIABLE FOR ANY LACK OF
SECURITY RELATING TO THE USE OF THE
SERVICES

THE SERVICE IS FOR [END USER’S] USE
ONLY AND END USER MAY NOT RESELL
THE SERVICE TO ANY OTHER PARTY END
USER UNDERSTANDS THAT THE
UNDERLYING CARRIER DOES NOT
GUARANTEE ANY END USER
UNINTERRUPTED SERVICE OR
COVERAGE. THE UNDERLYING CARRIER
DOES NOT WARRANT THAT END USERS
CAN OR WILL BE LOCATED USING THE
SERVICE. THE UNDERLYING CARRIER

420

Appendices

MAKES NO WARRANTY, EXPRESS OR
IMPLIED, OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE,
SUITABILITY, OR PERFORMANCE
REGARDING ANY SERVICES OR GOODS,
AND IN NO EVENT SHALL AT&T BE
LIABLE, WHETHER OR NOT DUE TO ITS
OWN NEGLIGENCE, FOR ANY: (A) ACT OR
OMISSION OF A THIRD PARTY; (B)
MISTAKES, OMISSIONS, INTERRUPTIONS,
ERRORS, FAILURES TO TRANSMIT,
DELAYS, OR DEFECTS IN THE SERVICE
PROVIDED BY OR THROUGH THE
UNDERLYING CARRIER; (C) DAMAGE OR
INJURY CAUSED BY SUSPENSION OR
TERMINATION BY THE UNDERLYING
CARRIER; OR (D) DAMAGE OR INJURY
CAUSED BY A FAILURE OR DELAY IN
CONNECTING A CALL TO ANY ENTITY,
INCLUDING 911 OR ANY OTHER
EMERGENCY SERVICE. TO THE FULL
EXTENT ALLOWED BY LAW, THE END
USER RELEASES, INDEMNIFIES AND
HOLDS THE UNDERLYING CARRIER
HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS OF ANY PERSON OR
ENTITY FOR DAMAGES OF ANY NATURE
ARISING IN ANY WAY FROM OR RELATING
TO, DIRECTLY OR INDIRECTLY, SERVICES
PROVIDED BY THE UNDERLYING CARRIER
OR ANY PERSON’S USE THEREOF,
INCLUDING CLAIMS ARISING IN WHOLE
OR IN PART FROM THE ALLEGED
NEGLIGENCE OF THE UNDERLYING
CARRIER.

VII. China Territory

Personal Use Only

You agree to use this Data together with
[insert name of Client Application] for the
solely personal, non-commercial purposes
for which you were licensed, and not for
service bureau, time-sharing or other
similar purposes. Accordingly, but subject
to the restrictions set forth in the following
paragraphs, you may copy this Data only
as necessary for your personal use to (i)

view it, and (ii) save it, provided that you
do not remove any copyright notices that
appear and do not modify the Data in any
way. You agree not to otherwise reproduce,
copy, modify, decompile, disassemble or
reverse engineer any portion of this Data,
and may not transfer or distribute it in any
form, for any purpose, except to the extent
permitted by mandatory laws.

Restrictions

Except where you have been specifically
licensed to do so by NAV2 , and without
limiting the preceding paragraph, you may
not (a) use this Data with any products,
systems, or applications installed or
otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any
positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs. You agree to cease
using this Data if you fail to comply with
these terms and conditions.

Limited Warranty

NAV2 warrants that (a) the Data will
perform substantially in accordance with
the accompanying written materials for a
period of ninety (90) days from the date
of receipt, and (b) any support services
provided by NAV2 shall be substantially as
described in applicable written materials
provided to you by NAV2, and NAV2’s
support engineers will make commercially
reasonable efforts to solve any problem
issues.

421

Appendices

Customer Remedies

NAV2 and its suppliers’ entire liability and
your exclusive remedy shall be, at NAV2’s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’s Limited
Warranty and that are returned to NAV2
with a copy of your receipt. This Limited
Warranty is void if failure of the Data has
resulted from accident, abuse, or
misapplication. Any replacement Data will
be warranted for the remainder of the
original warranty period or thirty (30) days,
whichever is longer. Neither these remedies
nor any product support services offered
by NAV2 are available without proof of
purchase from an authorized international
source.

No Other Warranty:

EXCEPT FOR THE LMITED WARRANTY
SET FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.

Limited Liability:

TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE
CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR
POSSESSION OF THE INFORMATION; OR

FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFROMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’s OR
ITS SUPPLIERS’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.

Export Control

You agree not to export to anywhere any
part of the Data provided to you or any
direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable
export laws, rules and regulations.

IP Protection

The Data are owned by NAV2 or its
suppliers and are protected by applicable
copyright and other intellectual property
law and treaties. The Data are provided
solely on the basis of a license to use, not
sale.

Entire Agreement

These terms and conditions constitute the
entire agreement between NAV2(and its
licensors, including their licensors and
suppliers) and you pertaining to the subject
matter hereof, and supersedes in their
entirety any and all written or oral
agreements previously existing between
us with respect to such subject matter.

422

Appendices

Governing Law.

The above terms and conditions shall be
governed by the laws of the People’s
Republic of China, without giving effect to
(i) its conflict of laws provisions, or (ii) the
United Nations Convention for Contracts
for the International Sale of Goods, which
is explicitly excluded. Any dispute arising
from or in connection with the Data
provided to you hereunder shall be
submitted to the Shanghai International
Economic and Trade Arbitration
Commission for arbitration.

Gracenote® Copyright

CD and music-related data from
Gracenote, Inc., copyright©

2000-2007 Gracenote. Gracenote
Software, copyright © 2000-2007
Gracenote. This product and service may
practice one or more of the following U.S.
Patents 5,987,525; 6,061,680; 6,154,773;
6,161,132; 6,230,192; 6,230,207; 6.240,459;
6,330,593 and other patents issued or
pending. Some services supplied under
license from Open Globe, Inc. for U.S.
Patent 6,304,523.

Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote™" logo are trademarks of
Gracenote.

Gracenote® End User License Agreement
(EULA)

This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608
("Gracenote").

The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers

("Gracenote Servers"), and to perform
other functions. You may use Gracenote
Data only by means of the intended End
User functions of this device. This device
may contain content belonging to
Gracenote's providers. If so, all of the
restrictions set forth herein with respect to
Gracenote Data shall also apply to such
content and such content providers shall
be entitled to all of the benefits and
protections set forth herein that are
available to Gracenote. You agree that you
will use the content from Gracenote
("Gracenote Content") , Gracenote Data,
the Gracenote Software, and Gracenote
Servers for your own personal,
non-commercial use only. You agree not
to assign, copy, transfer or transmit the
Gracenote Content, Gracenote Software
or any Gracenote Data (except in a Tag
associated with a music file) to any third
party. YOU AGREE NOT TO USE OR
EXPLOIT GRACENOTE CONTENT,
GRACENOTE DATA, THE GRACENOTE
SOFTWARE, OR GRACENOTE SERVERS,
EXCEPT AS EXPRESSLY PERMITTED
HEREIN.

You agree that your non-exclusive licenses
to use the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers will terminate if you
violate these restrictions. If your licenses
terminate, you agree to cease any and all
use of the Gracenote Content, Gracenote
Data, the Gracenote Software, and
Gracenote Servers.

Gracenote, respectively, reserve all rights
in Gracenote Data, the Gracenote
Software, and the Gracenote Servers and
Gracenote Content, including all ownership
rights. Under no circumstances will either
Gracenote become liable for any payment
to you for any information that you provide,

423

Appendices

including any copyrighted material or
music file information. You agree that
Gracenote may enforce its respective
rights, collectively or separately, under this
agreement against you, directly in each
company's own name.

Gracenote uses a unique identifier to track
queries for statistical purposes. The
purpose of a randomly assigned numeric
identifier is to allow Gracenote to count
queries without knowing anything about
who you are. For more information, see the
web page at www.gracenote.com for the
Gracenote Privacy Policy.

THE GRACENOTE SOFTWARE, EACH ITEM
OF GRACENOTE DATA AND THE
GRACENOTE CONTENT ARE LICENSED
TO YOU "AS IS". NEITHER GRACENOTE
MAKES ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY OF ANY
GRACENOTE DATA FROM THE
GRACENOTE SERVERS OR GRACENOTE
CONTENT. GRACENOTE COLLECTIVELY
AND SEPARATELY RESERVE THE RIGHT
TO DELETE DATA AND/OR CONTENT
FROM THE COMPANIES' RESPECTIVE
SERVERS OR, IN THE CASE OF
GRACENOTE, CHANGE DATA
CATEGORIES FOR ANY CAUSE THAT
GRACENOTE DEEMS SUFFICIENT. NO
WARRANTY IS MADE THAT EITHER
GRACENOTE CONTENT OR THE
GRACENOTE SOFTWARE OR
GRACENOTE SERVERS ARE ERROR-FREE
OR THAT THE FUNCTIONING OF THE
GRACENOTE SOFTWARE OR
GRACENOTE SERVERS WILL BE
UNINTERRUPTED. GRACENOTE IS NOT
OBLIGATED TO PROVIDE YOU WITH ANY
ENHANCED OR ADDITIONAL DATA TYPES
THAT GRACENOTE MAY CHOOSE TO
PROVIDE IN THE FUTURE AND IS FREE
TO DISCONTINUE ITS ONLINE SERVICES
AT ANY TIME. GRACENOTE DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. NEITHER
GRACENOTE WARRANTS THE RESULTS
THAT WILL BE OBTAINED BY YOUR USE
OF THE GRACENOTE SOFTWARE OR ANY
GRACENOTE SERVER. IN NO CASE WILL
GRACENOTE BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR FOR ANY LOST PROFITS
OR LOST REVENUES FOR ANY REASON
WHATSOEVER. © Gracenote 2007.

Radio Frequency Statement

FCC ID: ACJ-SYNCG3-L

IC: 216B-SYNCG3-L

This device complies with Part 15 of the
FCC Rules and with RSS-210 of Industry
Canada. Operation is subject to the
following two conditions:

(1)

This device may not cause harmful

interference, and

(2)

this device must accept any

interference received, including
interference that may cause undesired
operation.

WARNING:

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

The antenna used for this transmitter must
not be co-located or operating in
conjunction with any other antenna or
transmitter.

424

Appendices

Taiwan Territory

Note: In accordance with the management
approach of low-power radio wave
radiation motors:

Article 12: For approved and certified
low-power radiation motor models,
companies, firms or users must not alter
the frequency, increase the power or
change the characteristics and functions
of the original design without authorization.

Article 14: The usage of low-power
radio-frequency motors must not affect
aviation safety and interfere with legal
telecommunications. Should interference
be detected, immediately stop using the
device and only resume usage after
ensuring that there is no longer any
interference. For the legal
telecommunication and wireless
telecommunication of the telco, the
low-power radio frequency motor must be
able to tolerate legal limits of interference
from telecommunication, industrial,
scientific and radio wave equipment.

SUNA TRAFFIC CHANNEL – TERMS
AND CONDITIONS

By activating, using and/or accessing the
SUNA Traffic Channel, SUNA Predictive or
other content or material provided by
Intelematics (together,

SUNA Products

and/or Services

), you must accept

certain terms and conditions. The following
is a brief summary of the terms and
conditions that apply to you. To view the
full terms and conditions relevant to your
use of the SUNA Products and/or Services,
please consult:

Website

www.sunatraffic.com.au/termsandcon-

ditions/

1. Acceptance

By using SUNA Products and/or Services,
you will be deemed to have accepted and
agreed to be bound by the terms and
conditions fully detailed at:

Website

www.sunatraffic.com.au/termsandcon-

ditions/

2. Intellectual Property

SUNA Products and/or Services are for
your personal use. You may not record, or
retransmit the content, nor use the content
in association with any other traffic
information or route guidance service or
device not approved by Intelematics. You
obtain no right of ownership in any
Intellectual Property Rights (including
copyright) in the data that is used to
provide SUNA Products and/or Services.

3. Appropriate Use

SUNA Products and/or Services are
intended as an aid to personal motoring
and travel planning, and do not provide
comprehensive or accurate information on
all occasions. On occasions, you may
experience additional delay as a result of
using SUNA Products and/or Services. You
acknowledge that it is not intended, or
suitable, for use in applications where time
of arrival or driving directions may impact
the safety of the public or yourself.

4. Use of SUNA Products and Services
while driving

You, and other authorised drivers of the
vehicle in which SUNA Products and/or
Services are available or installed and
active, remain at all times responsible for
observing all relevant laws and codes of
safe driving. In particular, you agree to only
actively operate SUNA Products and/or
Services when the Vehicle is at a complete
stop and it is safe to do so.

425

Appendices