Ford E350 Owners Manual
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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. © 1987 – 2014 HERE – All rights reserved. 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. ” 298 E-Series (TE4) Canada/United States of America, enUSA, First Printing 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, 299 E-Series (TE4) Canada/United States of America, enUSA, First Printing 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 300 E-Series (TE4) Canada/United States of America, enUSA, First Printing 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 301 E-Series (TE4) Canada/United States of America, enUSA, First Printing 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 302 E-Series (TE4) Canada/United States of America, enUSA, First Printing Appendices
“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. ” 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) 303 E-Series (TE4) Canada/United States of America, enUSA, First Printing Appendices
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 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. 304 E-Series (TE4) Canada/United States of America, enUSA, First Printing Appendices
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. 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. 305 E-Series (TE4) Canada/United States of America, enUSA, First Printing Appendices
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, 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. 306 E-Series (TE4) Canada/United States of America, enUSA, First Printing Appendices
Vehicle with SYNC only United States and Mexico FCC ID: KMHSG1G1 IC: 1422A-SG1G1 Mexico Model: KMHSG1P1 NOM-121-SCT1-2009 The operation of this equipment is subject to the following two conditions: (1) This equipment or device may not cause harmful interference, and (2) this equipment or device must accept any interference, including interference that may cause undesired operation. Vehicle with SYNC with Touchscreen/My Touch FCC ID: KMHSYNCG2 IC: 1422A-SYNCG2 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. 307 E-Series (TE4) Canada/United States of America, enUSA, First Printing Appendices