Ford Super Duty (2018 year). Manual — part 150

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

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

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

TRADEMARKS: This EULA does not grant
you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, its affiliates, and third
party software and service providers.

PRODUCT SUPPORT: Please refer to
FORD MOTOR COMPANY instructions
provided in the documentation for the
DEVICES product support, such as the
vehicle owner guide.

Should you have any questions concerning
this EULA, or if you desire to contact FORD
MOTOR COMPANY for any other reason,
please refer to the address provided in the
documentation for the DEVICES.

No Liability for Certain Damages:
EXCEPT AS PROHIBITED BY LAW, FORD
MOTOR COMPANY, ANY THIRD PARTY
SOFTWARE OR SERVICES SUPPLIERS,
AND THEIR AFFILIATES SHALL HAVE NO
LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. THERE ARE NO WARRANTIES
OTHER THAN THOSE THAT MAY BE
EXPRESSLY PROVIDED FOR YOUR NEW
VEHICLE.

SYNC® Automotive Important Safety
Information Read and follow
instructions:

•

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

General Operation
•

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

•

Prolonged Views of Screen: Do not
access any function requiring a
prolonged view of the screen while you
are driving. Pull over in a safe and legal
manner before attempting to access a
function of the system requiring
prolonged attention.

•

Volume Setting: Do not raise the
volume excessively. Keep the volume
at a level where you can still hear
outside traffic and emergency signals
while driving. Driving while unable to
hear these sounds could cause an
accident.

•

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

•

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

•

Let Your Judgment Prevail: Any
navigation features are provided only
as an aid. Make your driving decisions
based on your observations of local
conditions and existing traffic
regulations. Any such feature is not a
substitute for your personal judgment.
Any route suggestions made by this
system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.

•

Route Safety: Do not follow the route
suggestions if doing so would result in
an unsafe or illegal maneuver, if you
would be placed in an unsafe situation,
or if you would be directed into an area
that you consider unsafe. The driver is
ultimately responsible for the safe
operation of the vehicle and therefore,
must evaluate whether it is safe to
follow the suggested directions.

•

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

•

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

Your Responsibilities and Assumptions of
Risk
•

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

•

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

Disclaimer of Warranty

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

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

Applicable Law, Venue, Jurisdiction

•

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

Binding Arbitration and Class Action
Waiver

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

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

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

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