- You have acquired a device ("DEVICE") that includes software licensed by FORD MOTOR COMPANY from an affiliate of Microsoft Corporation ("MS") . Those installed software products of MS origin, as well as associated media, printed materials, and "online" or electronic documentation ("MS SOFTWARE") are protected by international intellectual property laws and treaties. The MS SOFTWARE is licensed, not sold. All rights reserved.
- The MS 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. The additional software and systems of FORD MOTOR COMPANY origin, as well as associated media, printed materials, and "online" or electronic documentation ("FORD SOFTWARE") are protected by international intellectual property laws and treaties. The FORD SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE and/or FORD 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 third party software and service suppliers. The additional software and services of third party origin, as well as associated media, printed materials, and "online" or electronic documentation ("THIRD PARTY SOFTWARE") are protected by international intellectual property laws and treaties. The THIRD PARTY SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE, FORD SOFTWARE and THIRD PARTY SOFTWARE hereinafter collectively and individually will be referred to as "SOFTWARE".
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") DO NOT USE THE DEVICE OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, 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 DEVICE 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.
- Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble 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.
- 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 permitted by applicable law notwithstanding this limitation.
- Single EULA: The end user documentation for the DEVICE 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 DEVICE, 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 or MS may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
- Security Updates/Digital Rights Management: Content owners use the WMDRM technology included in your DEVICE to protect their intellectual property, included copyrighted content. Portions of the SOFTWARE on your DEVICE use WMDRM software to access WMDRM-protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft to revoke the SOFTWARE's ability to use WMDRM to play or copy protected content. This action does not affect unprotected content. When your DEVICE downloads licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade the SOFTWARE on your DEVICE to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
- Consent to Use of Data: You agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may collect and use technical information gathered in any manner as part of product support services related to the SOFTWARE or related services. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and services suppliers, their affiliates and/or their designated agent may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may disclose this information to others, but not in a form that personally identifies you.
- 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 MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and service suppliers, their affiliates and/or their 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 DEVICE.
- Additional Software/Services: The SOFTWARE may permit FORD MOTOR COMPANY, third party software and service suppliers, MS, Microsoft Corporation, their affiliates and/or their 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"). 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. If MS, Microsoft Corporation, their affiliates and/or their designated agent make available Supplemental Components, and no other EULA terms are provided, then the terms of this EULA shall apply, except that the MS, Microsoft Corporation or affiliate entity providing the Supplemental Component(s) shall be the licensor of the Supplemental Component(s).
FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates and/or their 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.
- Links to Third Party Sites: The MS SOFTWARE may provide you with the ability to link to third party sites through the use of the SOFTWARE. The third party sites are not under the control of MS, Microsoft Corporation, their affiliates and/or their designated agent. Neither MS nor Microsoft Corporation nor their affiliates nor their 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 MS, Microsoft Corporation, their affiliates and/or their 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 DEVICE operating instructions particularly as they pertain to safety and assumes any risk associated with the use of the DEVICE. UPGRADES AND RECOVERY MEDIA: If the SOFTWARE is provided by FORD MOTOR COMPANY separate from the DEVICE 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 DEVICE 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.
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. For additional information, see http://www.microsoft.com/exporting/.
TRADEMARKS: This EULA does not grant you any rights in connection with any trademarks or service marks of FORD MOTOR COMPANY, MS, Microsoft Corporation, third party software or service providers, their affiliates or suppliers. PRODUCT SUPPORT: Product support for the SOFTWARE is not provided by MS, its parent corporation Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to FORD MOTOR COMPANY instructions provided in the documentation for the DEVICE. 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 DEVICE. No Liability for Certain Damages: EXCEPT AS PROHIBITED BY LAW, FORD MOTOR COMPANY, ANY THRID PARTY SOFTWARE OR SERVICES SUPPLIERS, MS, MICROSOFT CORPORATION 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. IN NO EVENT SHALL MS, MICROSOFT CORPORATION AND/OR THEIR AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
- THERE ARE NO WARRANTIES OTHER THAN THOSE THAT MAY EXPRESSLY BE PROVIDED FOR YOUR NEW VEHICLE.
End User Notice
Microsoft® Windows® Mobile for Automotive Important Safety Information
This system Ford SYNC™ contains software that is licensed to Manufacturer FORD MOTOR COMPANY by an affiliate of Microsoft Corporation pursuant to a license agreement. Any removal, reproduction, reverse engineering or other unauthorized use of the software from this system in violation of the license agreement is strictly prohibited and may subject you to legal action. Read and follow instructions: Before using your Windows Automotive- based system, read and follow all instructions and safety information provided in this end user manual ("User's Guide"). Not following precautions found in this User's Guide can lead to an accident or other serious consequences.
Keep User's Guide in vehicle: When kept in the vehicle, the User's Guide will be a ready reference for you and other users unfamiliar with the Windows Automotive-based system. Please make certain that before using the system for the first time, all persons have access to the User's Guide and read its instructions and safety information carefully.
Operating certain parts of this system while driving can distract your attention away from the road, and possibly cause an accident or other serious consequences. Do not change system settings or enter data non-verbally (using your hands) while driving. Stop the vehicle in a safe and legal manner before attempting these operations. This is important since while setting up or changing some functions you might be required to distract your attention away from the road and remove your hands from the wheel.
Voice Command Control: Functions within the Windows Automotive-based system may be accomplished using only voice commands. Using voice commands while driving allows you to operate the system without removing your hands from the wheel.
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. Even occasional short scans to the screen may be hazardous if your attention has been diverted away from your driving task at a critical time.
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.
Use of Speech Recognition Functions: Speech recognition software is inherently a statistical process which is subject to errors. It is your responsibility to monitor any speech recognition functions included in the system and address any errors.