Ford Super Duty (2018 year). Manual — part 151

the right to litigate (or participate in as a
party or class member) all disputes in court
before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator,
whose decision will be final except for a
limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction
over the parties may enforce the
arbitrator’s award.

(e) Class action waiver. Any proceedings
to resolve or litigate any dispute in any
forum will be conducted solely on an
individual basis. Neither you nor FORD
MOTOR COMPANY, will seek to have any
dispute heard as a class action, as a private
attorney general action, or in any other
proceeding in which any party acts or
proposes to act in a representative
capacity. No arbitration or proceeding will
be combined with another without the
prior written consent of all parties to all
affected arbitrations or proceedings.

(f) Arbitration procedure. Any
arbitration will be conducted by the
American Arbitration Association (the
“AAA”), under its Commercial Arbitration
Rules. If You are an individual and use the
SOFTWARE for personal or vehicle use, or
if the value of the dispute is $75,000 or
less whether or not You are an individual
or how You use the SOFTWARE, the AAA
Supplementary Procedures for
Consumer-Related Disputes will also
apply. To commence arbitration, submit a
Commercial Arbitration Rules Demand for
Arbitration form to the AAA. You may
request a telephonic or in-person hearing
by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will
be telephonic unless the arbitrator finds
good cause to hold an in-person hearing
instead. For more information, see adr.org
or call 1-800-778-7879. You agree to
commence arbitration only in your county
of residence or FORD MOTOR COMPANY’S
principal place of business. The arbitrator

may award the same damages to You
individually as a court could. The arbitrator
may award declaratory or injunctive relief
only to You individually, and only to the
extent required to satisfy Your individual
claim.

(g) Arbitration fees and incentives.

•

I. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will
promptly reimburse your filing fees and
pay the AAA’s and arbitrator’s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement
offer made before the arbitrator was
appointed (“last written offer”), your
dispute goes all the way to an
arbitrator’s decision (called an
“award”), and the arbitrator awards
you more than the last written offer,
FORD MOTOR COMPANY will give you
three incentives: (1) pay the greater of
the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and
(3) reimburse any expenses (including
expert witness fees and costs) that
your attorney reasonably accrues for
investigating, preparing, and pursuing
your claim in arbitration. The arbitrator
will determine the amounts.

•

ii. Disputes involving more than
$75,000. The AAA rules will govern
payment of filing fees and the AAA’s
and arbitrator’s fees and expenses.

•

iii. Disputes involving any amount. In
any arbitration you commence, FORD
MOTOR COMPANY will seek its AAA
or arbitrator’s fees and expenses, or
Your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous
or brought for an improper purpose. In
any arbitration FORD MOTOR
COMPANY commences, it will pay all

filing, AAA, and arbitrator’s fees and
expenses. It will not seek its attorney’s
fees or expenses from you in any
arbitration. Fees and expenses are not
counted in determining how much a
dispute involves.

(h) Claims or disputes must be filed
within one year. To the extent permitted
by law, any claim or dispute under this
EULA to which this Section applies must
be filed within one year in small claims
court (Section c) or in arbitration (Section
d). The one-year period begins when the
claim or dispute first could be filed. If such
a claim or dispute is not filed within one
year, it is permanently barred.

(I) Severability. If the class action waiver
(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those
parts will be severed and proceed in a court
of law, with the remaining parts proceeding
in arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be
severed with the remainder of Section e
remaining in full force and effect.

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.
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).

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

•

(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.

•

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 law provisions. To the
extent judicial action is necessary in
connection with the binding arbitration,
both TeleNav and you agree to submit