2015 Lincoln MKS Owner Manual Printing 1 - Page 385

Appendices use the Telenav Software (in object code form only) in order to access and use the Telenav Software. This license shall terminate upon any termination or expiration of this Agreement. You agree that you will use the Telenav Software only for your personal business or leisure purposes, and not to provide commercial navigation services to other parties. 3.1 License Limitations You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Telenav Software or any part thereof; (b) attempt to derive the source code, audio library or structure of the Telenav Software without the prior express written consent of Telenav; (c) remove from the Telenav Software, or alter, any of Telenav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings; (d) distribute, sublicense or otherwise transfer the Telenav Software to others, except as part of your permanent transfer of the Telenav Software; or (e) use the Telenav Software in any manner that (i) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any party, (ii) violates any law, statute, ordinance or regulation, including but not limited to laws and regulations related to spamming, privacy, consumer and child protection, obscenity or defamation, or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; and (f) lease, rent out, or otherwise permit unauthorized access by third parties to the Telenav Software without advanced written permission of Telenav. 4. Disclaimers To the fullest extent permissible pursuant to applicable law, in no event will Telenav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Telenav Software. Telenav also does not warrant the accuracy of the map or other data used for the Telenav Software. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions. You are responsible for the entire risk arising out of your use of the Telenav Software. For example but without limitation, you agree not to rely on the Telenav Software for critical navigation in areas where the well-being or survival of you or others is dependent on the accuracy of navigation, as the maps or functionality of the Telenav Software are not intended to support such high risk applications, especially in more remote geographical areas. TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES IN CONNECTION WITH THE TELENAV SOFTWARE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE TELENAV SOFTWARE. Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you. 5. Limitation of Liability TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES 382 MKS (), enUSA