Ford Fusion Hybrid / Fusion Energi (2018 year). Manual — part 126

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

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).

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

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.

rigCustomer 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