Ford TRANSIT COURIER, Owner'S Manual

Page: 292 / 306

Product incorporates data which is ©
20XX Telstra Corporation Limited, GM
Holden Limited, Intelematics Australia
Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In
addition to the foregoing, the End-User
Terms for any Application containing
RDS-TMC Traffic Codes for Australia
shall contain the following notice:
“Product incorporates traffic location
codes which is © 20XX Telstra Corpora-
tion Limited and its licensors.”
AT&T Vehicle Network Carrier
Telematics Disclosure
END USER FOR PURPOSES OF THIS
SECTION MEANS YOU AND YOUR HEIRS,
EXECUTORS, LEGAL PERSONAL
REPRESENTATITVES AND PERMITED
ASSIGNS. FOR PURPOSES OF THIS
SECTION “UNDERLYING WIRELESS
SERVICE CARRIER” INCLUDES ITS
AFFILIATES AND CONTRACTORS AND
THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SUCCESSORS
AND ASSIGNS. END USER HAS NO
CONTRACTUAL RELATIONSHIP WITH
THE UNDERLYING WIRELESS SERVICE
CARRIER AND END USER IS NOT A THIRD
PARTY BENEFICIARY OF ANY
AGREEMENT BETWEEN FORD AND
UNDERLYING CARRIER. END USER
UNDERSTANDS AND AGREES THAT THE
UNDERLYING CARRIER HAS NO LEGAL,
EQUITABLE, OR OTHER LIABILITY OF ANY
KIND TO END USER. IN ANY EVENT,
REGARDLESS OF THE FORM OF THE
ACTION, WHETHER FOR BREACH OF
CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR
OTHERWISE, END USER'S EXCLUSIVE
REMEDY FOR CLAIMS ARISING IN ANY
WAY IN CONNECTION WITH THIS
AGREEMENT, FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OR
DISRUPTION OF SERVICE PROVIDED
HEREUNDER, IS LIMITED TO PAYMENT
OF DAMAGES IN AN AMOUNT NOT TO
EXCEED THE AMOUNT PAID BY END USER
FOR THE SERVICES DURING THE
TWO-MONTH PERIOD PRECEDING THE
DATE THE CLAIM AROSE.
(ii) END USER AGREES TO INDEMNIFY
AND HOLD HARMLESS THE UNDERLYING
WIRELESS SERVICE CARRIER AND ITS
OFFICERS, EMPLOYEES, AND AGENTS
AGAINST ANY AND ALL CLAIMS,
INCLUDING WITHOUT LIMITATION
CLAIMS FOR LIBEL, SLANDER, OR ANY
PROPERTY DAMAGE, PERSONAL INJURY
OR DEATH, ARISING IN ANY WAY,
DIRECTLY OR INDIRECTLY, IN
CONNECTION WITH THIS AGREEMENT
OR THE USE, FAILURE TO USE, OR
INABILITY TO USE THE DEVICE EXCEPT
WHERE THE CLAIMS RESULT FROM THE
UNDERLYING CARRIER’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
THIS INDEMNITY WILL SURVIVE THE
TERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHT
IN ANY NUMBER ASSIGNED TO THE
DEVICE.
(iv) END USER UNDERSTANDS THAT
FORD AND THE UNDERLYING CARRIER
CANNOT GUARANTY THE SECURITY OF
WIRELESS TRANSMISSIONS, AND WILL
NOT BE LIABLE FOR ANY LACK OF
SECURITY RELATING TO THE USE OF THE
SERVICES
THE SERVICE IS FOR [END USER’S] USE
ONLY AND END USER MAY NOT RESELL
THE SERVICE TO ANY OTHER PARTY END
USER UNDERSTANDS THAT THE
UNDERLYING CARRIER DOES NOT
GUARANTEE ANY END USER
UNINTERRUPTED SERVICE OR
COVERAGE. THE UNDERLYING CARRIER
DOES NOT WARRANT THAT END USERS
CAN OR WILL BE LOCATED USING THE
SERVICE. THE UNDERLYING CARRIER
288
Tourneo Courier/Transit Courier (C4A) Vehicles Built From: 16-09-2021, CG3822en enGBR, Edition date: 202106, First-Printing
Appendices