Lincoln MKS (2016 year). Manual - part 22

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E146852

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END USER LICENSE
AGREEMENT

VEHICLE SOFTWARE END USER
LICENSE AGREEMENT (EULA)

•

You (“You” or “Your” as applicable) have
acquired a vehicle having several devices,
including SYNC ® and various control
modules, ("DEVICES") that include
software licensed or owned by Ford
Motor Company and its affiliates ("FORD
MOTOR COMPANY"). Those software
products of FORD MOTOR COMPANY
origin, as well as associated media,
printed materials, and "online" or
electronic documentation
("SOFTWARE") are protected by
international intellectual property laws
and treaties. The SOFTWARE is licensed,
not sold. All rights reserved.

•

The 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.

IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA")
DO NOT USE THE DEVICES OR COPY THE
SOFTWARE. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT
LIMITED TO USE ON THE DEVICES, 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 DEVICES and as otherwise
interfacing with systems and/or services
provide by or through FORD MOTOR
COMPANY or its third party software and
service providers.

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. It is your
responsibility to monitor any speech
recognition functions included in the
system.

•

Limitations on Reverse Engineering,
Decompilation and Disassembly: You
may not reverse engineer, decompile,
translate, disassemble or attempt to
discover any source code or underlying
ideas or algorithms of the SOFTWARE
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 or to the
extent as may be permitted by the
licensing terms governing use of any open
source components included with the
SOFTWARE.

•

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

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permitted by applicable law
notwithstanding this limitation or to the
extent as may be permitted by the
licensing terms governing use of any open
source components included with the
SOFTWARE.

•

Single EULA:  The end user
documentation for the DEVICES 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 DEVICES, 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
may terminate this EULA if you fail to
comply with the terms and conditions of
this EULA.

•

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 FORD
MOTOR COMPANY, third party software
and service suppliers, its affiliates and/or
its 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
DEVICES.

•

Additional Software/Services: The
SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or its
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".)
SOFTWARE updates may cause you to

incur additional charges from your
wireless service provider. 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. FORD
MOTOR COMPANY, its affiliates and/or
its 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.

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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.

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.

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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.

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•

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.

•

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.

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Your Responsibilities and Assumptions of
Risk

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•

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.

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

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