2013 Ford Escape Warranty Supplement Printing 1 - Page 390

Appendices 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: NavTeq End User License Agreement END USER TERMS The content provided ("Data") is licensed, not sold. By opening this package, or installing, copying, or otherwise using the Data, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to install, copy, use, resell or transfer the Data. If you wish to reject the terms of this agreement, and have not installed, copied, or used the Data, you must contact your retailer or NAVTEQ North America, LLC ("NT") within thirty (30) days of purchase for a refund of your purchase price. To contact NT, please visit www.navteq.com. The Data is provided for your personal, internal use only and may not be resold. It is protected by copyright, and is subject to the following terms (this "End User License Agreement") and conditions which are agreed to by you, on the one hand, and NAVTEQ North America, LLC ("NT") and its licensors (including their licensors and suppliers) on the other hand. 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®. 390