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Ford F 350 Owners Manual

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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.
    (g) 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
    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.
    608
    Super Duty (TFE) Canada/United States of America, enUSA, Edition date: 201702, Third Printing Appendices 
    						
    							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).
    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)
    609
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    							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.
    • 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
    610
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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
    611
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    							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.
    612
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    							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.
    9.2 End User Terms Required by NAV2
    (Shanghai) Co., Ltd
    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 NAV2 (Shanghai) Co.,
    Ltd (“NAV2”) and its licensors (including
    their licensors and suppliers) on the other
    hand. 20xx. All rights reserved
    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
    613
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    							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
    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 INFORMATION, OR
    THE BREACH OF THESE TERMS OR
    CONDITIONS, WHETHER IN AN ACTION
    IN CONTRACT OR TORT OR BASED ON A
    WARRANTY, EVEN IF TELENAV OR ITS
    LICENSORS HAVE BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES. Some
    States, Territories and Countries do not
    allow certain liability exclusions or
    damages limitations, so to that extent the
    above may not apply to you.
    Export Control.
     You shall not export from
    anywhere any part of the Data or any direct
    product thereof except in compliance with,
    and with all licenses and approvals
    required under, applicable export laws,
    rules and regulations, including but not
    limited to the laws, rules and regulations
    administered by the Office of Foreign
    Assets Control of the U.S. Department of
    Commerce and the Bureau of Industry and
    Security of the U.S. Department of
    Commerce. To the extent 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:
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    							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. ”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.
    615
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    							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, 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.
    616
    Super Duty (TFE) Canada/United States of America, enUSA, Edition date: 201702, Third Printing Appendices 
    						
    							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 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 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.
    617
    Super Duty (TFE) Canada/United States of America, enUSA, Edition date: 201702, Third Printing Appendices 
    						
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