Ford Transit (2022 year). Manual in english - page 33

 

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Ford Transit (2022 year). Manual in english - page 33

 

 

REPORTING SAFETY DEFECTS
IN THE UNITED STATES

If you believe that your vehicle has
a defect which could cause a
crash or could cause injury or
death, you should immediately
inform the National Highway
Traffic Safety Administration
(NHTSA) in addition to notifying
Ford Motor Company.

If NHTSA receives similar
complaints, it may open an
investigation, and if it finds that a
safety defect exists in a group of
vehicles, it may order a recall and
remedy campaign. However,
NHTSA cannot become involved
in individual problems between
you, your dealer, or Ford Motor
Company.

To contact NHTSA, you may call
the Vehicle Safety Hotline
toll-free at 1-888-327-4236 (TTY:
1-800-424-9153); go to
www.safercar.gov; or write to:

Administrator

1200 New Jersey Avenue,
Southeast

Washington, D.C. 20590

You can also obtain other
information about motor vehicle
safety from www.safercar.gov.

REPORTING SAFETY DEFECTS
IN CANADA

If you believe that your vehicle has a defect
which could cause a crash or could cause
injury or death, you should immediately
inform Transport Canada and Ford of
Canada.

Transport Canada Contact Information

http://tc.canada.ca/recalls

Website
(English)

http://tc.canada.ca/rappels

Website
(French)

1-800-333-0510

Phone

Ford of Canada Contact Information

www.ford.ca

Website

1-800-565-3673

Phone

533

Customer Information

THIRD PARTY SOFTWARE
COPYRIGHT
ACKNOWLEDGMENT

Your vehicle could have components that
use open source software.  For additional
information, visit 

http://

corporate.ford.com/ford-open-source.html

.

TYPE APPROVALS

Radio Frequency Certification
Labels for Audio Unit

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 3043A-AHUCHRFORD

FCC ID: NT8-AHUCHRFORD

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RCPFORA17-1142

United Arab Emirates

E344674

Radio Frequency Certification
Labels for Blind Spot Information
System Sensors

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 4135A-SRR3B

FCC ID: OAYSRR3B

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

534

Customer Information

Mexico

IFETEL: RLVCOSR15-0904

United Arab Emirates

E344672

E269694

Radio Frequency Certification
Labels for Body Control Module

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 7812A - A2C766336

FCC ID: M3NA2C766336

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RTIFOFB20-1756

United Arab Emirates

E341432

Radio Frequency Certification
Labels for Cruise Control Module

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

535

Customer Information

IC: 3432A-0065TR

FCC ID: L2C0065TR

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RLVDEL217-0751

United Arab Emirates

E308044

Radio Frequency Certification
Labels for Keys and Remote
Controls

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 3248A-A08TAA

IC: 7812A-A3C054338

FCC ID: N5F-A08TAA

FCC ID: M3N-A3C054338

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

CFT: RLVVAA012-0480

536

Customer Information

United Arab Emirates

E287055

E354456

Radio Frequency Certification
Labels for Passive Anti-Theft
System

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 7812D-A2C95937800

FCC ID: KR5A2C95937800

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RLVCOA219-2103

United Arab Emirates

E344688

Radio Frequency Certification
Labels for Radio Transceiver
Module

Mexico

IFT: RLVAPFO20-1304

537

Customer Information

United Arab Emirates

E340647

United States of America

FCC ID: L2C0082R

This device complies with Part 15 of the
FCC Rules. Operation is subject to the
following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Radio Frequency Certification
Labels for SYNC

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 216B-FG185SG32MH

IC: 1422A-SYNCG4L

FCC ID: ACJ-FG-185-SG32MH

FCC ID: KMH-SYNCG4L

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RCPPAFA16-2032-A1

United Arab Emirates

E294229

E338088

538

Customer Information

Radio Frequency Certification
Labels for Telematics Control Unit

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 1422A-14H074NA1

FCC ID: KMH-14H074-NA1

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RTIFOFB20-1756

United Arab Emirates

E340527

Radio Frequency Certification
Labels for Tire Pressure Monitoring
System Sensors

Canada and United States of America

WARNING: 

Changes or

modifications not expressively approved
by the party responsible for compliance
could void the user's authority to operate
the equipment. The term "IC:" before the
radio certification number only signifies
that Industry Canada technical
specifications were met.

IC: 2546A-AG2SZ4

FCC ID: MRXAG2SZ4

This device complies with Part 15 of the
FCC Rules and with Innovation, Science
and Economic Development Canada’s
licence-exempt RSS(s). Operation is
subject to the following two conditions:
1.

This device may not cause harmful
interference, and

2. This device must accept any

interference received, including
interference that may cause undesired
operation.

Mexico

IFT: RLVSCMR15-1238

539

Customer Information

United Arab Emirates

E207817

PERCHLORATE

Certain components in your vehicle such
as airbag modules, seatbelt pretensioners
and remote control batteries may contain
perchlorate material.  Special handling
may apply for service or vehicle end of life
disposal.

For more information visit:
www.dtsc.ca.gov/hazardouswaste/perchlorate.

REPLACEMENT PARTS
RECOMMENDATION

We have built your vehicle to the highest
standards using quality parts.  We
recommend that you demand the use of
genuine Ford and Motorcraft parts
whenever your vehicle requires scheduled
maintenance or repair.  You can clearly
identify genuine Ford and Motorcraft parts
by looking for the Ford, FoMoCo or
Motorcraft branding on the parts or their
packaging.

Scheduled Maintenance and
Mechanical Repairs

One of the best ways for you to make sure
that your vehicle provides years of service
is to have it maintained in line with our
recommendations using parts that
conform to the specifications detailed in
this Owner’s Manual.

Genuine Ford and Motorcraft parts meet
or exceed these specifications.

Collision Repairs

We hope that you never experience a
collision, but accidents happen sometimes.

Genuine Ford replacement collision parts
meet our stringent requirements for fit,
finish, structural integrity, corrosion
protection and dent resistance.  During
vehicle development we validate that
these parts deliver the intended level of
protection as a whole system.  A great way
to know for sure you are getting this level
of protection is to use genuine Ford
replacement collision parts.

Warranty on Replacement Parts

Genuine Ford and Motorcraft replacement
parts are the only replacement parts that
benefit from a Ford Warranty.

The Ford Warranty may not cover damage
caused to your vehicle as a result of failed
non-Ford parts.

For additional information, refer to the
terms and conditions of the Ford Warranty.

540

Customer Information

MOBILE COMMUNICATIONS
EQUIPMENT

WARNING: 

Driving while distracted

can result in loss of vehicle control, crash
and injury. We strongly recommend that
you use extreme caution when using any
device that may take your focus off the
road. Your primary responsibility is the
safe operation of your vehicle. We
recommend against the use of any
hand-held device while driving and
encourage the use of voice-operated
systems when possible. Make sure you
are aware of all applicable local laws
that may affect the use of electronic
devices while driving.

Using mobile communications equipment
is becoming increasingly important in the
conduct of business and personal affairs.
However, you must not compromise your
own or others’ safety when using such
equipment.  Mobile communications can
enhance personal safety and security when
appropriately used, particularly in
emergency situations.  Safety must be
paramount when using mobile
communications equipment to avoid
negating these benefits.  Mobile
communication equipment includes, but
is not limited to, cellular phones, pagers,
portable email devices, text messaging
devices and portable two-way radios.

END USER LICENSE
AGREEMENT

VEHICLE SOFTWARE END USER
LICENSE AGREEMENT (EULA) 

 (If

Equipped)

You (“You” or “Your” as applicable)
have acquired a vehicle having several
devices, including SYNC ® and various
control modules, ("DEVICES") that
include software licensed or owned by
Ford Motor Company and its affiliates
("FORD MOTOR COMPANY"). Those
software products of FORD MOTOR
COMPANY origin, as well as associated
media, printed materials, and "online"
or electronic documentation
("SOFTWARE") are protected by
international intellectual property laws
and treaties. The SOFTWARE is
licensed, not sold. All rights reserved.

The 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.

IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT ("EULA")
DO NOT USE THE DEVICES OR COPY
THE SOFTWARE. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT
LIMITED TO USE ON THE DEVICES,
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 DEVICES and as
otherwise interfacing with systems
and/or services provide by or through
FORD MOTOR COMPANY or its third
party software and service providers.

541

Customer Information

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. It is your responsibility to
monitor any speech recognition
functions included in the system.

Limitations on Reverse Engineering,
Decompilation and Disassembly:

You may not reverse engineer,
decompile, translate, disassemble or
attempt to discover any source code
or underlying ideas or algorithms of the
SOFTWARE 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 or
to the extent as may be permitted by
the licensing terms governing use of
any open source components included
with the SOFTWARE.

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 or to
the extent as may be permitted by the
licensing terms governing use of any
open source components included with
the SOFTWARE.

Single EULA: 

 The end user

documentation for the DEVICES 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 DEVICES, 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
may terminate this EULA if you fail to
comply with the terms and conditions
of this EULA.

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 FORD
MOTOR COMPANY, third party
software and service suppliers, its
affiliates and/or its 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
DEVICES.

542

Customer Information

Additional Software/Services:

 The

SOFTWARE may permit FORD MOTOR
COMPANY, third party software and
service suppliers, its affiliates and/or
its 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".) SOFTWARE updates
may cause you to incur additional
charges from your wireless service
provider. 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. FORD MOTOR
COMPANY, its affiliates and/or its
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

SOFTWARE may provide you with the
ability to link to third party sites. The
third party sites are not under the
control of FORD MOTOR COMPANY,
its affiliates and/or its designated
agent. Neither FORD MOTOR
COMPANY nor its affiliates nor its
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
FORD MOTOR COMPANY, its affiliates
and/or its 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
DEVICES operating instructions
particularly as they pertain to safety
and you agree to assume any risk
associated with the use of the
DEVICES.

UPGRADES AND RECOVERY MEDIA:

If the SOFTWARE is provided by FORD
MOTOR COMPANY separate from the
DEVICES 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 DEVICES 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.

543

Customer Information

INTELLECTUAL PROPERTY RIGHTS:

All title and intellectual property rights in
and to the SOFTWARE (including but not
limited to any images, photographs,
animations, video, audio, music, text and
"applets" incorporated into the
SOFTWARE), the accompanying printed
materials, and any copies of the
SOFTWARE, are owned by FORD MOTOR
COMPANY, or its affiliates or suppliers. The
SOFTWARE is licensed, not sold. You may
not copy the printed materials
accompanying the SOFTWARE. All title
and intellectual property rights in and to
the content which may be accessed
through use of the SOFTWARE is the
property of the respective content owner
and may be protected by applicable
copyright or other intellectual property
laws and treaties. This EULA grants you no
rights to use such content outside its
intended use. All rights not specifically
granted under this EULA are reserved by
FORD MOTOR COMPANY, its affiliates,
and third party software and service
providers and suppliers. Use of any on-line
services which may be accessed through
the SOFTWARE may be governed by the
respective terms of use relating to such
services. If this SOFTWARE contains
documentation that is provided only in
electronic form, you may print one copy of
such electronic documentation.

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.

TRADEMARKS:

 This EULA does not grant

you any rights in connection with any
trademarks or service marks of FORD
MOTOR COMPANY, its affiliates, and third
party software and service providers.

PRODUCT SUPPORT:

 Please refer to

FORD MOTOR COMPANY instructions
provided in the documentation for the
DEVICES product support, such as the
vehicle owner guide.

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 DEVICES.

No Liability for Certain Damages:

EXCEPT AS PROHIBITED BY LAW, FORD
MOTOR COMPANY, ANY THIRD PARTY
SOFTWARE OR SERVICES SUPPLIERS,
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. THERE ARE NO WARRANTIES
OTHER THAN THOSE THAT MAY BE
EXPRESSLY PROVIDED FOR YOUR NEW
VEHICLE.

SYNC® Automotive Important Safety
Information Read and follow
instructions:

Before using your SYNC® system, read
and follow all instructions and safety
information provided in this end user
manual ("Owner Guide".) Not
following precautions found in the
Owner Guide can lead to an accident
or other serious injuries.

544

Customer Information

General Operation

Voice Command Control

: Certain

functions within the SYNC® system
may be accomplished using voice
commands. Using voice commands
while driving helps you to operate the
system without removing your hands
from the wheel or eyes from the road.

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.

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.

Navigation Features:

 Any navigation

features included in the system are
intended to provide turn by turn
instructions to get you to a desired
destination. Please make certain all
persons using this system carefully
read and follow instructions and safety
information fully.

Distraction Hazard:

 Any navigation

features may require manual
(non-verbal) setup. Attempting to
perform such set-up or insert data
while driving can distract your attention
and could cause an accident or other
serious injury. Stop the vehicle in a safe
and legal manner before attempting
these operations.

Let Your Judgment Prevail:

 Any

navigation features are provided only
as an aid. Make your driving decisions
based on your observations of local
conditions and existing traffic
regulations. Any such feature is not a

substitute for your personal judgment.
Any route suggestions made by this
system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.

Route Safety:

 Do not follow the route

suggestions if doing so would result in
an unsafe or illegal maneuver, if you
would be placed in an unsafe situation,
or if you would be directed into an area
that you consider unsafe. The driver is
ultimately responsible for the safe
operation of the vehicle and therefore,
must evaluate whether it is safe to
follow the suggested directions.

Potential Map Inaccuracy: 

 Maps

used by this system may be inaccurate
because of changes in roads, traffic
controls or driving conditions. Always
use good judgment and common sense
when following the suggested routes.

Emergency Services:

 Do not rely on

any navigation features included in the
system to route you to emergency
services. Ask local authorities or an
emergency services operator for these
locations. Not all emergency services
such as police, fire stations, hospitals
and clinics are likely to be contained in
the map database for such navigation
features.

545

Customer Information

Your Responsibilities and Assumptions of
Risk

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 OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
FORD MOTOR COMPANY OR ITS
AUTHORIZED REPRESENTATIVE SHALL

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Customer Information

CREATE A WARRANTY. SHOULD THE
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES
OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER,
SO THE ABOVE DISCLAIMER MAY NOT
FULLY APPLY TO YOU. THE SOLE
WARRANTY PROVIDED BY FORD MOTOR
COMPANY SHALL BE FOUND IN THE
WARRANTY INFORMATION INCLUDING
WITH YOUR OWNER GUIDE. TO THE
EXTENT THAT THERE IS ANY CONFLICT
BETWEEN THE TERMS OF THIS SECTION
AND THE WARRANTY BOOKLET, THE
WARRANTY BOOKLET SHALL CONTROL.

Applicable Law, Venue, Jurisdiction

The laws of the State of Michigan
govern this EULA and Your use of the
SOFTWARE. Your use of the
SOFTWARE may also be subject to
other local, state, national, or
international laws. Any litigation arising
out of or related to this EULA shall be
brought and maintained exclusively in
a court of the State of Michigan
located in Wayne County or in the
United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal
jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.

Binding Arbitration and Class Action
Waiver

(a) Application.

 This Section applies to

any dispute EXCEPT IT DOES NOT
INCLUDE A DISPUTE RELATING TO
COPYRIGHT INFRINGEMENT, OR TO THE
ENFORCEMENT OR VALIDITY OF YOUR,
FORD MOTOR COMPANY, OR ANY OF
FORD MOTOR COMPANY’S LICENSORS’
INTELLECTUAL PROPERTY RIGHTS.
Dispute means any dispute, action, or other
controversy between You and FORD
MOTOR COMPANY, other than the
exceptions listed above, concerning the
SOFTWARE (including its price) or this
EULA, whether in contract, warranty, tort,
statute, regulation, ordinance, or any other
legal or equitable basis.

(b) Notice of Dispute.

 In the event of a

Dispute, You or FORD MOTOR COMPANY
must give the other a “Notice of Dispute”,
which is a written statement of the name,
address, and contact information of the
party giving it, the facts giving rise to the
dispute, and the relief requested. You and
FORD MOTOR COMPANY will attempt to
resolve any dispute through informal
negotiation within 60 days from the date
the Notice of Dispute is sent. After 60 days,
You or FORD MOTOR COMPANY may
commence arbitration.

(c) Small claims court.

 You may also

litigate any dispute in small claims court
in your county of residence or FORD
MOTOR COMPANY’S principal place of
business, if the dispute meets all
requirements to be heard in the small
claims court. You may litigate in small
claims court whether or not You
negotiated informally first.

(d) Binding arbitration.

 If You and FORD

MOTOR COMPANY, do not resolve any
dispute by informal negotiation or in small
claims court, any other effort to resolve
the dispute will be conducted exclusively
by binding arbitration. You are giving up

547

Customer Information

the right to litigate (or participate in as a
party or class member) all disputes in court
before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator,
whose decision will be final except for a
limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction
over the parties may enforce the
arbitrator’s award.

(e) Class action waiver.

 Any proceedings

to resolve or litigate any dispute in any
forum will be conducted solely on an
individual basis. Neither you nor FORD
MOTOR COMPANY, will seek to have any
dispute heard as a class action, as a private
attorney general action, or in any other
proceeding in which any party acts or
proposes to act in a representative
capacity. No arbitration or proceeding will
be combined with another without the
prior written consent of all parties to all
affected arbitrations or proceedings.

(f) Arbitration procedure.

 Any

arbitration will be conducted by the
American Arbitration Association (the
“AAA”), under its Commercial Arbitration
Rules. If You are an individual and use the
SOFTWARE for personal or vehicle use, or
if the value of the dispute is $75,000 or
less whether or not You are an individual
or how You use the SOFTWARE, the AAA
Supplementary Procedures for
Consumer-Related Disputes will also
apply. To commence arbitration, submit a
Commercial Arbitration Rules Demand for
Arbitration form to the AAA. You may
request a telephonic or in-person hearing
by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will
be telephonic unless the arbitrator finds
good cause to hold an in-person hearing
instead. For more information, see adr.org
or call 1-800-778-7879. You agree to
commence arbitration only in your county
of residence or FORD MOTOR COMPANY’S
principal place of business. The arbitrator

may award the same damages to you
individually as a court could. The arbitrator
may award declaratory or injunctive relief
only to you individually, and only to the
extent required to satisfy your individual
claim.

(g) Arbitration fees and incentives.

I. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will
promptly reimburse your filing fees and
pay the AAA’s and arbitrator’s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement
offer made before the arbitrator was
appointed (“last written offer”), your
dispute goes all the way to an
arbitrator’s decision (called an
“award”), and the arbitrator awards
you more than the last written offer,
FORD MOTOR COMPANY will give you
three incentives: (1) pay the greater of
the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and
(3) reimburse any expenses (including
expert witness fees and costs) that
your attorney reasonably accrues for
investigating, preparing, and pursuing
your claim in arbitration. The arbitrator
will determine the amounts.

ii. Disputes involving more than
$75,000. The AAA rules will govern
payment of filing fees and the AAA’s
and arbitrator’s fees and expenses.

iii. Disputes involving any amount. In
any arbitration you commence, FORD
MOTOR COMPANY will seek its AAA
or arbitrator’s fees and expenses, or
Your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous
or brought for an improper purpose. In
any arbitration FORD MOTOR
COMPANY commences, it will pay all

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Customer Information

 

 

 

 

 

 

 

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