•
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
392
Navigator (TB5) Canada/United States of America, enUSA, First Printing
Appendices