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Ford Fusion 17 Owners Manual

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    							•
    Links to Third Party Sites: The
    SOFTWARE may provide you with the
    ability to link to third party sites. The
    third party sites are not under the
    control of FORD MOTOR COMPANY,
    its affiliates and/or its designated
    agent. Neither FORD MOTOR
    COMPANY nor its affiliates nor its
    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
    FORD MOTOR COMPANY, its affiliates
    and/or its 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
    DEVICES operating instructions
    particularly as they pertain to safety
    and you agree to assume any risk
    associated with the use of the
    DEVICES.
    UPGRADES AND RECOVERY MEDIA:
    If the SOFTWARE is provided by FORD
    MOTOR COMPANY separate from the
    DEVICES 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 DEVICES 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 FORD MOTOR
    COMPANY, or its 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 outside its
    intended use. All rights not specifically
    granted under this EULA are reserved by
    FORD MOTOR COMPANY, its affiliates,
    and third party software and service
    providers 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.
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    							TRADEMARKS: This EULA does not grant
    you any rights in connection with any
    trademarks or service marks of FORD
    MOTOR COMPANY, its affiliates, and third
    party software and service providers.
    PRODUCT SUPPORT: Please refer to
    FORD MOTOR COMPANY instructions
    provided in the documentation for the
    DEVICES product support, such as the
    vehicle owner guide.
    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 DEVICES.
    No Liability for Certain Damages:
    EXCEPT AS PROHIBITED BY LAW, FORD
    MOTOR COMPANY, ANY THIRD PARTY
    SOFTWARE OR SERVICES SUPPLIERS,
    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. THERE ARE NO WARRANTIES
    OTHER THAN THOSE THAT MAY BE
    EXPRESSLY PROVIDED FOR YOUR NEW
    VEHICLE.
    SYNC® Automotive Important Safety
    Information Read and follow
    instructions:
    • Before using your SYNC® system, read
    and follow all instructions and safety
    information provided in this end user
    manual ("Owner Guide".) Not
    following precautions found in the
    Owner Guide can lead to an accident
    or other serious injuries. General Operation
    •
    Voice Command Control
    : Certain
    functions within the SYNC® system
    may be accomplished using voice
    commands. Using voice commands
    while driving helps you to operate the
    system without removing your hands
    from the wheel or eyes from the road.
    • 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.
    • 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.
    • 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 distract your attention
    and could cause an accident or other
    serious injury. 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
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    							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.
    • 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. Your Responsibilities and Assumptions of
    Risk
    •
    You agree to each of the following:(a)
    Any use of the SOFTWARE while
    driving an automobile or other vehicle
    in violation of applicable law or
    otherwise driving in an unsafe manner
    presents a significant risk of distracted
    driving and should not be attempted
    under any circumstances;(b) Use of
    the SOFTWARE at excessive volume
    poses a significant risk of hearing
    damage and should not be attempted
    under any circumstances;(c) The
    SOFTWARE may not be compatible
    with new or different versions of an
    operating system, third party software,
    or third party services, and the
    SOFTWARE may potentially cause a
    critical failure of an operating system,
    third party software, or third party
    service.(d) Any third party service
    accessed by or third party software
    used with the SOFTWARE (i) may
    charge an additional fee for access, (ii)
    may not work correctly, on an
    uninterrupted basis, or error free, (iii)
    may change streaming formats or
    discontinue operation, (iv) may contain
    adult, profane or offensive content; and
    (v) may contain inaccurate, false or
    misleading traffic, weather, financial
    or safety information or other content;
    and (e) Use of the SOFTWARE may
    cause you to incur additional charges
    from your wireless service provider
    (WSP) and any data or minute
    calculators that may be included in the
    software program are for reference
    only, are not warranted in any way and
    should not be relied upon in anyway.
    • When using the SOFTWARE, you agree
    to be responsible for and assume the
    entire risk to the items set forth in
    Section (a) – (e) above.
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    							Disclaimer of Warranty
    YOU EXPRESSLY ACKNOWLEDGE AND
    AGREE THAT USE OF THE DEVICES AND
    SOFTWARE IS AT YOUR SOLE RISK AND
    THAT THE ENTIRE RISK AS TO
    SATISFACTORY QUALITY,
    PERFORMANCE, COMPATIBILITY,
    ACCURACY AND EFFORT IS WITH YOU.
    TO THE MAXIMUM EXTENT PERMITTED
    BY APPLICABLE LAW, THE SOFTWARE
    AND ANY THIRD PARTY SOFTWARE OR
    THIRD-PARTY SERVICES ARE PROVIDED
    "AS IS" AND 
    “AS AVAILABLE” , WITH ALL
    FAULTS AND WITHOUT WARRANTY OF
    ANY KIND, AND FORD MOTOR COMPANY
    HEREBY DISCLAIMS ALL WARRANTIES
    AND CONDITIONS WITH RESPECT TO
    THE SOFTWARE, THIRD PARTY
    SOFTWARE, AND THIRD-PARTY
    SERVICES, EITHER EXPRESS, IMPLIED OR
    STATUTORY, INCLUDING, BUT NOT
    LIMITED TO, THE IMPLIED WARRANTIES
    AND/OR CONDITIONS OF
    MERCHANTABILITY, OF SATISFACTORY
    QUALITY, OF FITNESS FOR AN
    ARTICULAR PURPOSE, OF ACCURACY,
    OF QUIET ENJOYMENT, AND
    NON-INFRINGEMENT OF THIRD-PARTY
    RIGHTS. FORD MOTOR COMPANY DOES
    NOT WARRANT (a) AGAINST
    INTERFERENCE WITH YOUR ENJOYMENT
    OF THE SOFTWARE, THIRD PARTY
    SOFTWARE, OR THIRD-PARTY SERVICES,
    (b) THAT THE SOFTWARE, THIRD PARTY
    SOFTWARE, OR THIRD-PARTY SERVICES
    WILL MEET YOUR REQUIREMENTS, (c)
    THAT THE OPERATION OF THE
    SOFTWARE, THIRD PARTY SOFTWARE,
    OR THIRD-PARTY SERVICES WILL BE
    UNINTERRUPTED OR ERROR-FREE, (d)
    OR THAT DEFECTS IN THE SOFTWARE,
    THIRD PARTY SOFTWARE, OR
    THIRD-PARTY SERVICES WILL BE
    CORRECTED. NO ORAL OR WRITTEN
    INFORMATION OR ADVICE GIVEN BY
    FORD MOTOR COMPANY OR ITS
    AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
    SOFTWARE, THIRD PARTY SOFTWARE,
    OR THIRD-PARTY SERVICES PROVE
    DEFECTIVE, YOU ASSUME THE ENTIRE
    COST OF ALL NECESSARY SERVICING,
    REPAIR OR CORRECTION. SOME
    JURISDICTIONS DO NOT ALLOW THE
    DISCLAIMER OF IMPLIED WARRANTIES
    OR LIMITATIONS ON APPLICABLE
    STATUTORY RIGHTS OF A CONSUMER,
    SO THE ABOVE DISCLAIMER MAY NOT
    FULLY APPLY TO YOU. THE SOLE
    WARRANTY PROVIDED BY FORD MOTOR
    COMPANY SHALL BE FOUND IN THE
    WARRANTY INFORMATION INCLUDING
    WITH YOUR OWNER GUIDE. TO THE
    EXTENT THAT THERE IS ANY CONFLICT
    BETWEEN THE TERMS OF THIS SECTION
    AND THE WARRANTY BOOKLET, THE
    WARRANTY BOOKLET SHALL CONTROL.
    Applicable Law, Venue, Jurisdiction
    •
    The laws of the State of Michigan
    govern this EULA and Your use of the
    SOFTWARE. Your use of the
    SOFTWARE may also be subject to
    other local, state, national, or
    international laws. Any litigation arising
    out of or related to this EULA shall be
    brought and maintained exclusively in
    a court of the State of Michigan
    located in Wayne County or in the
    United States District Court for the
    Eastern District of Michigan. You hereby
    consent to submit to the personal
    jurisdiction of a court in the State of
    Michigan located in Wayne County and
    the United States District Court for the
    Eastern District of Michigan for any
    dispute arising out of or relating to this
    EULA.
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    							Binding Arbitration and Class Action
    Waiver
    (a) Application.
     This Section applies to
    any dispute EXCEPT IT DOES NOT
    INCLUDE A DISPUTE RELATING TO
    COPYRIGHT INFRINGEMENT, OR TO THE
    ENFORCEMENT OR VALIDITY OF YOUR,
    FORD MOTOR COMPANY, OR ANY OF
    FORD MOTOR COMPANY’ S LICENSORS’
    INTELLECTUAL PROPERTY RIGHTS.
    Dispute means any dispute, action, or other
    controversy between You and FORD
    MOTOR COMPANY, other than the
    exceptions listed above, concerning the
    SOFTWARE (including its price) or this
    EULA, whether in contract, warranty, tort,
    statute, regulation, ordinance, or any other
    legal or equitable basis.
    (b) Notice of Dispute.  In the event of a
    Dispute, You or FORD MOTOR COMPANY
    must give the other a  “Notice of Dispute”,
    which is a written statement of the name,
    address, and contact information of the
    party giving it, the facts giving rise to the
    dispute, and the relief requested. You and
    FORD MOTOR COMPANY will attempt to
    resolve any dispute through informal
    negotiation within 60 days from the date
    the Notice of Dispute is sent. After 60 days,
    You or FORD MOTOR COMPANY may
    commence arbitration.
    (c) Small claims court. You may also
    litigate any dispute in small claims court
    in your county of residence or FORD
    MOTOR COMPANY’ S principal place of
    business, if the dispute meets all
    requirements to be heard in the small
    claims court. You may litigate in small
    claims court whether or not You
    negotiated informally first.
    (d) Binding arbitration.
     If You and FORD
    MOTOR COMPANY, do not resolve any
    dispute by informal negotiation or in small
    claims court, any other effort to resolve
    the dispute will be conducted exclusively
    by binding arbitration. You are giving up 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
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    							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.
    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
    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:
    503
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    							(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,
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    							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
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    							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 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 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
    506
    Fusion (CC7) Canada/United States of America, enUSA, First Printing Appendices 
    						
    							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 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 (“Telenav ”) and
    its licensors (including their licensors and
    suppliers) on the other hand.
    © 2013 HERE. All rights reserved.
    The Data for areas of Canada 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®, © Department of
    Natural Resources Canada.
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