VEHICLE SOFTWARE END USER LICENSE AGREEMENT (EULA)
  • 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.
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.
  • 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.
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.
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.
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 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 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 filing, AAA, and arbitrator’s fees and expenses. It will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(h) Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this EULA to which this Section applies must be filed within one year in small claims court (Section c) or in arbitration (Section d). The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
(I) Severability. If the class action waiver (Section e) is found to be illegal or unenforceable as to all or some parts of a dispute, then that portion of Section e will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of that portion Section e is found to be illegal or unenforceable, that provision will be severed with the remainder of Section e remaining in full force and effect.
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 MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL AT&T BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, THE END USER RELEASES, INDEMNIFIES AND HOLDS THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.
VII. China Territory
Personal Use Only
You agree to use this Data together with [insert name of Client Application] for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions
Except where you have been specifically licensed to do so by NAV2 , and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs. You agree to cease using this Data if you fail to comply with these terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by NAV2 shall be substantially as described in applicable written materials provided to you by NAV2, and NAV2’s support engineers will make commercially reasonable efforts to solve any problem issues.
Customer Remedies
NAV2 and its suppliers’ entire liability and your exclusive remedy shall be, at NAV2’s sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the Data that do not meet NAV2’s Limited Warranty and that are returned to NAV2 with a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from accident, abuse, or misapplication. Any replacement Data will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by NAV2 are available without proof of purchase from an authorized international source.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAV2 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT. Certain warranty exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAV2 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFROMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NAV2 OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NAV2’s OR ITS SUPPLIERS’ LIABILITY HEREUNDER EXCEED THE PRICE PAID. Certain liability exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Export Control
You agree not to export to anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or its suppliers and are protected by applicable copyright and other intellectual property law and treaties. The Data are provided solely on the basis of a license to use, not sale.
Entire Agreement
These terms and conditions constitute the entire agreement between NAV2(and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law.
The above terms and conditions shall be governed by the laws of the People’s Republic of China, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. Any dispute arising from or in connection with the Data provided to you hereunder shall be submitted to the Shanghai International Economic and Trade Arbitration Commission for arbitration.
Gracenote® Copyright
CD and music-related data from Gracenote, Inc., copyright©
2000-2007 Gracenote. Gracenote Software, copyright © 2000-2007 Gracenote. This product and service may practice one or more of the following U.S. Patents 5,987,525; 6,061,680; 6,154,773; 6,161,132; 6,230,192; 6,230,207; 6.240,459; 6,330,593 and other patents issued or pending. Some services supplied under license from Open Globe, Inc. for U.S. Patent 6,304,523.
Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the "Powered by Gracenote™" logo are trademarks of Gracenote.
Gracenote® End User License Agreement (EULA)
This device contains software from Gracenote, Inc. of 2000 Powell Street Emeryville, California 94608 ("Gracenote").
The software from Gracenote (the "Gracenote Software") enables this device to do disc and music file identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers"), and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this device. This device may contain content belonging to Gracenote's providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote. You agree that you will use the content from Gracenote ("Gracenote Content") , Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal, non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Content, Gracenote Software or any Gracenote Data (except in a Tag associated with a music file) to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE CONTENT, GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive licenses to use the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your licenses terminate, you agree to cease any and all use of the Gracenote Content, Gracenote Data, the Gracenote Software, and Gracenote Servers.
Gracenote, respectively, reserve all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers and Gracenote Content, including all ownership rights. Under no circumstances will either Gracenote become liable for any payment to you for any information that you provide, including any copyrighted material or music file information. You agree that Gracenote may enforce its respective rights, collectively or separately, under this agreement against you, directly in each company's own name.
Gracenote uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow Gracenote to count queries without knowing anything about who you are. For more information, see the web page below for the Gracenote Privacy Policy.
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THE GRACENOTE SOFTWARE, EACH ITEM OF GRACENOTE DATA AND THE GRACENOTE CONTENT ARE LICENSED TO YOU "AS IS". NEITHER GRACENOTE MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF ANY GRACENOTE DATA FROM THE GRACENOTE SERVERS OR GRACENOTE CONTENT. GRACENOTE COLLECTIVELY AND SEPARATELY RESERVE THE RIGHT TO DELETE DATA AND/OR CONTENT FROM THE COMPANIES' RESPECTIVE SERVERS OR, IN THE CASE OF GRACENOTE, CHANGE DATA CATEGORIES FOR ANY CAUSE THAT GRACENOTE DEEMS SUFFICIENT. NO WARRANTY IS MADE THAT EITHER GRACENOTE CONTENT OR THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS ARE ERROR-FREE OR THAT THE FUNCTIONING OF THE GRACENOTE SOFTWARE OR GRACENOTE SERVERS WILL BE UNINTERRUPTED. GRACENOTE IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCED OR ADDITIONAL DATA TYPES THAT GRACENOTE MAY CHOOSE TO PROVIDE IN THE FUTURE AND IS FREE TO DISCONTINUE ITS ONLINE SERVICES AT ANY TIME. GRACENOTE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER GRACENOTE WARRANTS THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES FOR ANY REASON WHATSOEVER. © Gracenote 2007.
Taiwan Territory
According to the "Technical Specifications for Low Power Radio Frequency Equipment" formulated by the National Communications and Communication Committee of the Executive Yuan: 3.8.2. For the low-power radio frequency equipment that has obtained the verification certificate, the company, firm or user shall not change the frequency, increase the power or change the characteristics and functions of the original design without authorization.
The use of low-power radio frequency equipment must not affect flight safety and interfere with legal communications: when the system detects interference, immediately stop using it until there is no interference.
The aforementioned legal communication refers to the wireless communication operated in accordance with the provisions of the Telecommunications Management Law. Low-power radio frequency equipment needs to endure the interference of legal communication or industrial, scientific and medical radio wave radiation electrical equipment.
SUNA TRAFFIC CHANNEL – TERMS AND CONDITIONS
By activating, using and/or accessing the SUNA Traffic Channel, SUNA Predictive or other content or material provided by Intelematics (together, SUNA Products and/or Services), you must accept certain terms and conditions. The following is a brief summary of the terms and conditions that apply to you. To view the full terms and conditions relevant to your use of the SUNA Products and/or Services, please consult:
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1. Acceptance
By using SUNA Products and/or Services, you will be deemed to have accepted and agreed to be bound by the terms and conditions fully detailed at:
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2. Intellectual Property
SUNA Products and/or Services are for your personal use. You may not record, or retransmit the content, nor use the content in association with any other traffic information or route guidance service or device not approved by Intelematics. You obtain no right of ownership in any Intellectual Property Rights (including copyright) in the data that is used to provide SUNA Products and/or Services.
3. Appropriate Use
SUNA Products and/or Services are intended as an aid to personal motoring and travel planning, and do not provide comprehensive or accurate information on all occasions. On occasions, you may experience additional delay as a result of using SUNA Products and/or Services. You acknowledge that it is not intended, or suitable, for use in applications where time of arrival or driving directions may impact the safety of the public or yourself.
4. Use of SUNA Products and Services while driving
You, and other authorized drivers of the vehicle in which SUNA Products and/or Services are available or installed and active, remain at all times responsible for observing all relevant laws and codes of safe driving. In particular, you agree to only actively operate SUNA Products and/or Services when the Vehicle is at a complete stop and it is safe to do so.
5. Service Continuity and Reception of the SUNA Traffic Channel
We will use reasonable endeavors to provide the SUNA Traffic Channel 24 hours a day, 365 days a year. The SUNA Traffic Channel may occasionally be unavailable for technical reasons or for planned maintenance. We will try to perform maintenance at times when congestion is light. We reserve the right to withdraw SUNA Products and/or Services at any time.
Also, we cannot assure the uninterrupted reception of the SUNA Traffic Channel RDS-TMC signal at any particular location.
6. Limitation of Liability
Neither Intelematics (nor its suppliers or the manufacturer of your device (the “Suppliers”)) shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise arising out of the use of or inability to use SUNA Products and/or Services even if Intelematics or a Supplier has been advised of the possibility of such damages. You also acknowledge that neither Intelematics nor any Supplier guarantees nor make any warranties that relate to the availability, accuracy or completeness of SUNA Products and/or Services, and to the extent which it is lawful to do so, both Intelematics and each Supplier excludes any warranties which might otherwise be implied by any State or Federal legislation in relation to SUNA Products and/or Services.
7. Please Note
Great care has been taken in preparing this manual. Constant product development may mean that some information is not entirely up-to-date. The information in this document is subject to change without notice.

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Contact Information

North America

CountryPhoneEmail
United States1-800-392-3673 (FORD)
Canada1-800-565-3673 (FORD)
Mexico1-800-719-8466
Guam1-800-392-3673 (FORD)
North Mariana Islandsapemcrc@ford.com
Puerto Rico(800) 841-3673prcac@ford.com
US Virgin Islands(800) 841-3673prcac@ford.com

IMG

CountryPhoneEmail
Algerianafcrc@ford.com
Angolassacrc@ford.com
Beninssacrc@ford.com
Botswanassacrc@ford.com
Burkina FASOssacrc@ford.com
Burundissacrc@ford.com
Cameroonssacrc@ford.com
Cape Verdessacrc@ford.com
Central African Republicssacrc@ford.com
Chadssacrc@ford.com
Comorosssacrc@ford.com
Dem Republic of Congossacrc@ford.com
Djibutissacrc@ford.com
Egyptnafcrc@ford.com
Equitorial Guineassacrc@ford.com
Eritreassacrc@ford.com
Ethiopiassacrc@ford.com
Gabonssacrc@ford.com
Gambiassacrc@ford.com
Ghanassacrc@ford.com
Guineassacrc@ford.com
Guinea-Bissaussacrc@ford.com
Ivory Coastssacrc@ford.com
Kenyassacrc@ford.com
Liberiassacrc@ford.com
Libyanafcrc@ford.com
Madagascarssacrc@ford.com
Malawissacrc@ford.com
Mauritaniassacrc@ford.com
Mauritiusssacrc@ford.com
Morocconafcrc@ford.com
Mozambiquessacrc@ford.com
Namibiassacrc@ford.com
Nigerssacrc@ford.com
Nigeriassacrc@ford.com
Republic of Congossacrc@ford.com
Rwandassacrc@ford.com
Sao Tome and Principessacrc@ford.com
Senegalssacrc@ford.com
Sychellesssacrc@ford.com
Sierra Leonessacrc@ford.com
South Africa860011022fordcrc2@ford.com
South Sudanssacrc@ford.com
Swazilandssacrc@ford.com
Tanzaniassacrc@ford.com
Togossacrc@ford.com
Tunisianafcrc@ford.com
Ugandassacrc@ford.com
Zambiassacrc@ford.com
Zimbabwessacrc@ford.com
American Somoaapemcrc@ford.com
Australia(13 FORD) 13 3673foacust1@ford.com
Bangladeshapemcrc@ford.com
Bhutanapemcrc@ford.com
Bruneiapemcrc@ford.com
Cambodiaapemcrc@ford.com
Fijiapemcrc@ford.com
French Polynesiaapemcrc@ford.com
Indiaapemcrc@ford.com
Indonesiaapemcrc@ford.com
Japanapemcrc@ford.com
Laosapemcrc@ford.com
Macaoapemcrc@ford.com
Malaysiaapemcrc@ford.com
Marshall Islandsapemcrc@ford.com
Mongoliaapemcrc@ford.com
Myanmarapemcrc@ford.com
Nepalapemcrc@ford.com
New Caledoniaapemcrc@ford.com
New Zealand0800 367 369 (FORDNZ)fnzcust@ford.com
Pakistanapemcrc@ford.com
Palauapemcrc@ford.com
Papua New Guineaapemcrc@ford.com
Philippines02-88669408emailus@ford.com
Singaporeapemcrc@ford.com
South Korea82-2-1600-6003infokr1@ford.com
Sri Lankaapemcrc@ford.com
Tahitiapemcrc@ford.com
Thailand1383fordthai@ford.com
Timor Lesteapemcrc@ford.com
Vanuatuapemcrc@ford.com
Vietnam1800588888fordvn@ford.com
Wallis and Futunaapemcrc@ford.com
Western Somoaapemcrc@ford.com
Afghanistanmenacac@ford.com
Bahrainmenacac@ford.com
Iraqmenacac@ford.com
Israel08-9139995service1@kelekmotors.co.il
Jordanmenacac@ford.com
Kuwait965 1 898900menacac@ford.com
Lebanonmenacac@ford.com
Omanmenacac@ford.com
Qatarmenacac@ford.com
Saudi Arabia8008443673menacac@ford.com
Syriamenacac@ford.com
United Arab Emirates80004441066menacac@ford.com
Yemenmenacac@ford.com

Greater China

CountryPhoneEmail
China-Imported Vehicles400-690-1886
China-CAF951995
China-JMC400-003-1111
China-Lincoln400-988-6789
Taiwan0800-032100
Hong Kong(852) 3768-4898

South America

CountryPhoneEmail
Argentina0800-888-3673
BoliviaContact Your Local Ford Distributor
Brazil0800-703-3673central@ford.com
ChileContact Your Local Ford Distributor
ColombiaContact Your Local Ford Distributor
EcuadorContact Your Local Ford Distributor
French GuianaContact Your Local Ford Distributor
GuyanaContact Your Local Ford Distributor
ParaguayContact Your Local Ford Distributor
PeruContact Your Local Ford Distributor
SurinameContact Your Local Ford Distributor
UruguayContact Your Local Ford Distributor
VenezuelaContact Your Local Ford Distributor

Europe

CountryPhoneEmail
AlbaniaContact Your Local Ford Distributor
AndorraContact Your Local Ford Distributor
ArmeniaContact Your Local Ford Distributor
Austria01 20 609 2424kundenz@ford.com
AzerbaijanContact Your Local Ford Distributor
BelarusContact Your Local Ford Distributor
Belgium32 2 700 67 76custfobe@ford.com
BosniaContact Your Local Ford Distributor
BulgariaContact Your Local Ford Distributor
CroatiaContact Your Local Ford Distributor
CyprusContact Your Local Ford Distributor
Czech Republic800 3673 29zakaznik@ford.com
Denmark43 68 2000crcdk@ford.com
Estonia372 6710 060ford@infoauto.ee
Falkland IslandsContact Your Local Ford Distributor
Finland09 725 22022palvelut@ford.com
France0800 005 005 crcfr@ford.com
GeorgiaContact Your Local Ford Distributor
Germany0221 9999 2 999kunden@ford.com
GirbraltarContact Your Local Ford Distributor
Greece216 900 88 99 info11@ford.com
Hungary+36 1 7777 555Contact Your Local Ford Distributor
IcelandContact Your Local Ford Distributor
Ireland1800 771 199crcirela@ford.com
Italy800 22 44 33tu@ford.com
KazakhstanContact Your Local Ford Distributor
Latvia+371 67303020
LiechtensteinContact Your Local Ford Distributor
Lithuania370 5216 8226forduzklausos@inchcape.lt
Luxembourg+352 248 71 800custfobe@ford.com
MacedoniaContact Your Local Ford Distributor
MaltaContact Your Local Ford Distributor
MoldovaContact Your Local Ford Distributor
MonacoContact Your Local Ford Distributor
MontenegroContact Your Local Ford Distributor
Netherlands70 7703 777 klanten@ford.com
Norway47 66819739infonor@ford.com
Poland48 22 522 27 27kontakty@ford.com
Portugal800 210 373clientes@ford.com
Romania40 312298798crcro@ford.com
RussiaContact Your Local Ford Distributor
San MarinoContact Your Local Ford Distributor
SerbiaContact Your Local Ford Distributor
Serbia and MontenegroContact Your Local Ford Distributor
SlovakiaContact Your Local Ford Distributor
SloveniaContact Your Local Ford Distributor
South GeorgiaContact Your Local Ford Distributor
Spain900 80 70 90crcspain@ford.com
Sweden08-593 66 333fordkund@ford.com
Switzerland044 511 14 45assistch@ford.com
TurkeyContact Your Local Ford Distributor
UkraineContact Your Local Ford Distributor
United Kingdom020 3564 4444UKCRC1@ford.com

Caribbean and Central America

CountryPhoneEmail
Anguilla(313) 594-4857expcac@ford.com
Antigua(313) 594-4857expcac@ford.com
Aruba(313) 594-4857expcac@ford.com
Bahamas(313) 594-4857expcac@ford.com
Barbados(313) 594-4857expcac@ford.com
Bermuda(313) 594-4857expcac@ford.com
Bonaire and St. Eustatius(313) 594-4857expcac@ford.com
Cayman Islands(313) 594-4857expcac@ford.com
Curacao(313) 594-4857expcac@ford.com
Dominica(313) 594-4857expcac@ford.com
Dominican Republic(313) 594-4857expcac@ford.com
Grenada(313) 594-4857expcac@ford.com
Haiti(313) 594-4857expcac@ford.com
Jamaica(313) 594-4857expcac@ford.com
Martinique(313) 594-4857expcac@ford.com
Montserrat(313) 594-4857expcac@ford.com
St. Kitts and Nevis(313) 594-4857expcac@ford.com
St. Lucia(313) 594-4857expcac@ford.com
St. Martin(313) 594-4857expcac@ford.com
St. Vincent and the Grenadines(313) 594-4857expcac@ford.com
Trinidad and Tobago(313) 594-4857expcac@ford.com
Turks and Caicos(313) 594-4857expcac@ford.com
British Virgin Islands(313) 594-4857expcac@ford.com
Netherlands Antilles(313) 594-4857expcac@ford.com
Belize(313) 594-4857expcac@ford.com
Costa Rica(313) 594-4857expcac@ford.com
El Salvador(313) 594-4857expcac@ford.com
Guatemala(313) 594-4857expcac@ford.com
Honduras(313) 594-4857expcac@ford.com
Nicaragua(313) 594-4857expcac@ford.com
Panama(313) 594-4857expcac@ford.com