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Ford Fusion 16 Owners Manual

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Page 491

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...

Page 492

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...

Page 493

Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav
’s third
party vendor licensors:
9.1 End User Terms Required by HERE
North America, LLC
The data (“Data ”) is provided for your
personal, internal use only and not for
resale. It is protected by copyright, and is
subject to the following terms and
conditions which are agreed to by you, on
the one hand, and Telenav...

Page 494

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.
Warning.
The Data may contain inaccurate or
incomplete information due to the passage
of time, changing circumstances, sources
used and the nature of collecting
comprehensive geographic data, any of
which may lead to incorrect results.
No Warranty.
This Data is provided to you 
“as is, ” and...

Page 495

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...

Page 496

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...

Page 497

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,...

Page 498

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 requirement
for Jordan Data is a material
term of the Agreement. If
Client or any of its permitted
Jordan
sublicensees (if any) fail to
meet such requirement, HERE
shall have...

Page 499

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...

Page 500

“Based upon electronic data
© National Land Survey
Sweden.
”
Sweden
“Topografische Grundlage: ©
Bundesamt für Landestopo-
graphie.
Switzer-
land
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...
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