Ford C-MAX Hybrid / Energi (2016 year). Manual - part 93

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

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

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.

HERE holds a non-exclusive license from
the United States Postal Service® to
publish and sell ZIP+4® information.

©United States Postal Service® 2014.
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

The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.

Terms and Conditions

Permitted Use. You agree to use this Data
together with the Telenav Software solely
for the internal business and personal
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 agree not to
otherwise reproduce, copy, modify,
decompile, disassemble, create any
derivative works of, 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 Telenav,
and without limiting the preceding
paragraph, you may not use this Data (a)
with any products, systems, or applications
installed or otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch,
real time route guidance, fleet
management or similar applications; or (b)
with or in communication with any

positioning devices or any mobile or
wireless-connected electronic or computer
devices, including without limitation
cellular phones, palmtop and handheld
computers, pagers, and personal digital
assistants or PDAs.

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 you agree to use it at your own
risk. Telenav and its licensors (and their
licensors and suppliers) make no
guarantees, representations or warranties
of any kind, express or implied, arising by
law or otherwise, including but not limited
to, content, quality, accuracy,
completeness, effectiveness, reliability,
fitness for a particular purpose, usefulness,
use or results to be obtained from this
Data, or that the Data or server will be
uninterrupted or error-free.

Disclaimer of Warranty: TELENAV AND
ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States,
Territories and Countries do not allow
certain warranty exclusions, so to that
extent the above exclusion may not apply
to you.

Disclaimer of Liability: TELENAV 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