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Ford F 750 Owners Manual

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    							END USER LICENSE
    AGREEMENT
    SYNC End User License Agreement
    (EULA)
    •
    You have acquired a device ("DEVICE")
    that includes software licensed by Ford
    Motor Company and its affiliates
    ("FORD MOTOR COMPANY") from an
    affiliate of Microsoft Corporation
    ("MS") . Those installed software
    products of MS origin, as well as
    associated media, printed materials,
    and "online" or electronic
    documentation ("MS SOFTWARE")
    are protected by international
    intellectual property laws and treaties.
    The MS SOFTWARE is licensed, not
    sold. All rights reserved.
    • The MS SOFTWARE may interface with
    and/or communicate with, or may be
    later upgraded to interface with and/or
    communicate with additional software
    and/or systems provided by FORD
    MOTOR COMPANY. The additional
    software and systems of FORD
    MOTOR COMPANY origin, as well as
    associated media, printed materials,
    and "online" or electronic
    documentation ("FORD SOFTWARE")
    are protected by international
    intellectual property laws and treaties.
    The FORD SOFTWARE is licensed, not
    sold. All rights reserved. •
    The MS SOFTWARE and/or FORD
    SOFTWARE may interface with and/or
    communicate with, or may be later
    upgraded to interface with and/or
    communicate with additional software
    and/or systems provided by third party
    software and service suppliers. The
    additional software and services of
    third party origin, as well as associated
    media, printed materials, and "online"
    or electronic documentation ("THIRD
    PARTY SOFTWARE") are protected by
    international intellectual property laws
    and treaties. The THIRD PARTY
    SOFTWARE is licensed, not sold. All
    rights reserved.
    • The MS SOFTWARE, FORD
    SOFTWARE and THIRD PARTY
    SOFTWARE hereinafter collectively
    and individually will be referred to as
    "SOFTWARE".
    IF YOU DO NOT AGREE TO THIS END
    USER LICENSE AGREEMENT ("EULA")
    DO NOT USE THE DEVICE OR COPY
    THE SOFTWARE. ANY USE OF THE
    SOFTWARE, INCLUDING BUT NOT
    LIMITED TO USE ON THE DEVICE, WILL
    CONSTITUTE YOUR AGREEMENT TO
    THIS EULA (OR RATIFICATION OF ANY
    PREVIOUS CONSENT).
    GRANT OF SOFTWARE LICENSE: This
    EULA grants you the following license:
    • You may use the SOFTWARE as
    installed on the DEVICE and as
    otherwise interfacing with systems
    and/or services provide by or through
    FORD MOTOR COMPANY or its third
    party software and service providers.
    348
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							Description of Other Rights and
    Limitations
    •
    Speech Recognition: If the
    SOFTWARE includes speech
    recognition component(s), you should
    understand that speech recognition is
    an inherently statistical process and
    that recognition errors are inherent in
    the process. Neither FORD MOTOR
    COMPANY nor its suppliers shall be
    liable for any damages arising out of
    errors in the speech recognition
    process.
    • Limitations on Reverse Engineering,
    Decompilation and Disassembly:
    You may not reverse engineer,
    decompile, or disassemble nor permit
    others to reverse engineer, decompile
    or disassemble the SOFTWARE, except
    and only to the extent that such activity
    is expressly permitted by applicable
    law notwithstanding this limitation.
    • Limitations on Distributing,
    Copying, Modifying and Creating
    Derivative Works:
     You may not
    distribute, copy, make modifications
    to or create derivative works based on
    the SOFTWARE, except and only to the
    extent that such activity is expressly
    permitted by applicable law
    notwithstanding this limitation.
    • Single EULA: 
     The end user
    documentation for the DEVICE and
    related systems and services may
    contain multiple EULAs, such as
    multiple translations and/or multiple
    media versions (e.g., in the user
    documentation and in the software).
    Even if you receive multiple EULAs, you
    are licensed to use only one (1) copy of
    the SOFTWARE. •
    SOFTWARE Transfer:
     You may
    permanently transfer your rights under
    this EULA only as part of a sale or
    transfer of the DEVICE, provided you
    retain no copies, you transfer all of the
    SOFTWARE (including all component
    parts, the media and printed materials,
    any upgrades, and, if applicable, the
    Certificate(s) of Authenticity), and the
    recipient agrees to the terms of this
    EULA. If the SOFTWARE is an upgrade,
    any transfer must include all prior
    versions of the SOFTWARE.
    • Termination: Without prejudice to any
    other rights, FORD MOTOR COMPANY
    or MS may terminate this EULA if you
    fail to comply with the terms and
    conditions of this EULA.
    • Security Updates/Digital Rights
    Management:
     Content owners use
    the WMDRM technology included in
    your DEVICE to protect their
    intellectual property, included
    copyrighted content. Portions of the
    SOFTWARE on your DEVICE use
    WMDRM software to access
    WMDRM-protected content. If the
    WMDRM software fails to protect the
    content, content owners may ask
    Microsoft to revoke the SOFTWARE's
    ability to use WMDRM to play or copy
    protected content. This action does
    not affect unprotected content. When
    your DEVICE downloads licenses for
    protected content, you agree that
    Microsoft may include a revocation list
    with the licenses. Content owners may
    require you to upgrade the SOFTWARE
    on your DEVICE to access their content.
    If you decline an upgrade, you will not
    be able to access content that requires
    the upgrade.
    349
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							•
    Consent to Use of Data: You agree
    that MS, Microsoft Corporation, FORD
    MOTOR COMPANY, third party
    software and systems suppliers, their
    affiliates and/or their designated agent
    may collect and use technical
    information gathered in any manner as
    part of product support services related
    to the SOFTWARE or related services.
    MS, Microsoft Corporation, FORD
    MOTOR COMPANY, third party
    software and services suppliers, their
    affiliates and/or their designated agent
    may use this information solely to
    improve their products or to provide
    customized services or technologies to
    you. MS, Microsoft Corporation, FORD
    MOTOR COMPANY, third party
    software and systems suppliers, their
    affiliates and/or their designated agent
    may disclose this information to others,
    but not in a form that personally
    identifies you.
    • Internet-Based Services
    Components:
     The SOFTWARE may
    contain components that enable and
    facilitate the use of certain
    Internet-based services. You
    acknowledge and agree that MS,
    Microsoft Corporation, FORD MOTOR
    COMPANY, third party software and
    service suppliers, their affiliates and/or
    their designated agent may
    automatically check the version of the
    SOFTWARE and/or its components
    that you are utilizing and may provide
    upgrades or supplements to the
    SOFTWARE that may be automatically
    downloaded to your DEVICE.
    • Additional Software/Services: The
    SOFTWARE may permit FORD MOTOR
    COMPANY, third party software and
    service suppliers, MS, Microsoft
    Corporation, their affiliates and/or their
    designated agent to provide or make
    available to you SOFTWARE updates, supplements, add-on components, or
    Internet-based services components
    of the SOFTWARE after the date you
    obtain your initial copy of the
    SOFTWARE ("Supplemental
    Components").
    If FORD MOTOR COMPANY or third party
    software and services suppliers provide or
    make available to you Supplemental
    Components and no other EULA terms are
    provided along with the Supplemental
    Components, then the terms of this EULA
    shall apply.
    If MS, Microsoft Corporation, their affiliates
    and/or their designated agent make
    available Supplemental Components, and
    no other EULA terms are provided, then
    the terms of this EULA shall apply, except
    that the MS, Microsoft Corporation or
    affiliate entity providing the Supplemental
    Component(s) shall be the licensor of the
    Supplemental Component(s).
    FORD MOTOR COMPANY, MS, Microsoft
    Corporation, their affiliates and/or their
    designated agent reserve the right to
    discontinue without liability any
    Internet-based services provided to you or
    made available to you through the use of
    the SOFTWARE.
    350
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							•
    Links to Third Party Sites: The MS
    SOFTWARE may provide you with the
    ability to link to third party sites through
    the use of the SOFTWARE. The third
    party sites are not under the control of
    MS, Microsoft Corporation, their
    affiliates and/or their designated
    agent. Neither MS nor Microsoft
    Corporation nor their affiliates nor their
    designated agent are responsible for
    (i) the contents of any third party sites,
    any links contained in third party sites,
    or any changes or updates to third
    party sites, or (ii) webcasting or any
    other form of transmission received
    from any third party sites. If the
    SOFTWARE provides links to third
    party sites, those links are provided to
    you only as a convenience, and the
    inclusion of any link does not imply an
    endorsement of the third party site by
    MS, Microsoft Corporation, their
    affiliates and/or their designated
    agent.
    • Obligation to Drive Responsibly:
    You recognize your obligation to drive
    responsibly and keep attention on the
    road. You will read and abide with the
    DEVICE operating instructions
    particularly as they pertain to safety
    and assumes any risk associated with
    the use of the DEVICE.
    UPGRADES AND RECOVERY MEDIA:
    If the SOFTWARE is provided by FORD
    MOTOR COMPANY separate from the
    DEVICE 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 DEVICE 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 MS, Microsoft
    Corporation, FORD MOTOR COMPANY, or
    their 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. All rights not
    specifically granted under this EULA are
    reserved by MS, Microsoft Corporation,
    FORD MOTOR COMPANY, third party
    software and service providers, their
    affiliates 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. For additional
    information, see:
    351
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							Website
    http://www.microsoft.com/exporting/
    TRADEMARKS: This EULA does not grant
    you any rights in connection with any
    trademarks or service marks of FORD
    MOTOR COMPANY, MS, Microsoft
    Corporation, third party software or service
    providers, their affiliates or suppliers.
    PRODUCT SUPPORT: Product support
    for the SOFTWARE is not provided by MS,
    its parent corporation Microsoft
    Corporation, or their affiliates or
    subsidiaries. For product support, please
    refer to FORD MOTOR COMPANY
    instructions provided in the documentation
    for the DEVICE. 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 DEVICE.
    No Liability for Certain Damages:
    EXCEPT AS PROHIBITED BY LAW, FORD
    MOTOR COMPANY, ANY THIRD PARTY
    SOFTWARE OR SERVICES SUPPLIERS,
    MS, MICROSOFT CORPORATION 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. IN NO EVENT SHALL MS,
    MICROSOFT CORPORATION AND/OR
    THEIR AFFILIATES BE LIABLE FOR ANY
    AMOUNT IN EXCESS OF U.S. TWO
    HUNDRED FIFTY DOLLARS (U.S.
    $250.00). •
    THERE ARE NO WARRANTIES OTHER
    THAN THOSE THAT MAY EXPRESSLY
    BE PROVIDED FOR YOUR NEW
    VEHICLE.
    Adobe
    Contains Adobe® [Flash® Player] or
    [AIR®] technology by Adobe Systems
    Incorporated. This [Licensee Product]
    contains [Adobe® Flash® Player]
    [Adobe® AIR®] software under license
    from Adobe Systems Incorporated,
    Copyright ©1995-2009 Adobe
    Macromedia Software LLC. All rights
    reserved. Adobe, Flash and AIR are
    trademarks of Adobe Systems
    Incorporated.
    End User Notice
    Microsoft® Windows® Mobile for
    Automotive Important Safety
    Information
    This system Ford SYNC contains software
    that is licensed to Manufacturer FORD
    MOTOR COMPANY by an affiliate of
    Microsoft Corporation pursuant to a license
    agreement. Any removal, reproduction,
    reverse engineering or other unauthorized
    use of the software from this system in
    violation of the license agreement is strictly
    prohibited and may subject you to legal
    action.
    Read and follow instructions:
     Before
    using your Windows Automotive- based
    system, read and follow all instructions
    and safety information provided in this end
    user manual ("User's Guide"). Not
    following precautions found in this User's
    Guide can lead to an accident or other
    serious consequences.
    352
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							Keep User's Guide in vehicle: When kept
    in the vehicle, the User's Guide will be a
    ready reference for you and other users
    unfamiliar with the Windows
    Automotive-based system. Please make
    certain that before using the system for
    the first time, all persons have access to
    the User's Guide and read its instructions
    and safety information carefully.
    WARNING
    Operating certain parts of this
    system while driving can distract
    your attention away from the road,
    and possibly cause an accident or other
    serious consequences. Do not change
    system settings or enter data non-verbally
    (using your hands) while driving. Stop the
    vehicle in a safe and legal manner before
    attempting these operations. This is
    important since while setting up or
    changing some functions you might be
    required to distract your attention away
    from the road and remove your hands from
    the wheel. General Operation
    Voice Command Control: Functions
    within the Windows Automotive-based
    system may be accomplished using only
    voice commands. Using voice commands
    while driving allows you to operate the
    system without removing your hands from
    the wheel.
    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. Even
    occasional short scans to the screen may
    be hazardous if your attention has been
    diverted away from your driving task at a
    critical time. 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.
    Use of Speech Recognition Functions:
    Speech recognition software is inherently
    a statistical process which is subject to
    errors. It is your responsibility to monitor
    any speech recognition functions included
    in the system and address any errors.
    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 seriously
    distract your attention and could cause an
    accident or other serious consequences.
    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.
    353
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							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.
    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.
    These terms and conditions represent the
    agreement (“ Agreement”) between you
    and Telenav, Inc. (“Telenav ”) with respect
    to the Telenav Software (including
    upgrades, modifications, or additions
    thereto) (collectively  “Telenav Software”).
    All references herein to  “you”  and  “your ”
    means you, your employees, agents, and
    contractors, and any other entity on whose
    behalf you accept these terms and conditions, all of whom shall also be bound
    by this Agreement. Additionally, all of your
    account information, as well as other
    payment and personal information
    provided by you to Telenav (directly or
    through the use of the Telenav Software,
    is subject to Telenav
    ’s privacy policy
    located at http://www.telenav.com.
    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).
    354
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    							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
    You agree not to do any of the following:
    (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.
    355
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    							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 laws 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
    356
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							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
    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
    357
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
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