Effective Date: August 28, 2017
This Application (“App”) is owned by Ford Motor Company, 1 American Road, Dearborn, Michigan 48126 United States of America (hereinafter "Ford") and the content on the App is owned by Ford or its affiliated companies and by affiliates and third parties that post on the App through a license from Ford, but for whom Ford assumes no direct responsibility. Please read these Terms and Conditions, as they, together with any additional terms to which you agree when using particular elements of the App, constitute the entire agreement regarding the App and set forth the legally binding terms governing your visit to this App. These Terms and Conditions apply to all persons who use this App, regardless of your level of participation. Use of this App by Ford employees, including contract, agency and supplemental, is completely voluntary and will have no impact on your employment. Time spent using the App outside of work hours is not compensable. If you have questions, please talk with your supervisor before downloading or registering for this App.
By using this App you agree that you have read, understand and accept the Terms and Conditions and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You acknowledge these Terms and Conditions are a binding and enforceable agreement between you and Ford. You acknowledge your app store provider is not a party to this agreement but agree that it and its subsidiaries are third party beneficiaries of this agreement’s Terms and Conditions, giving your app store provider and its subsidiaries the right (and will be deemed to accept the right) to enforce these Terms and Conditions against you as the end-user of the App. By using this App, you also agree that you will not use this App for any purpose that is unlawful or in contravention of these Terms and Conditions.
Ford and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this App. Continued use of this App following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Ford may cease all or part of the App at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions please do not use the App.
2. Fees
You are responsible for any fees incurred in connection with your use of this App. Your mobile phone carrier may charge you access or data fees for your use of their services in connection with data transmission. Contact your data carrier for more information regarding data rates and fees.
Use of this App requires a compatible mobile telephone or handheld device which is compatible with the App, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the App involves hardware, software, and internet access, your ability to use the App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This App is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee your access to the App.
The version of the App software may be upgraded from time to time to add support for new functions and services, improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. If you have permitted automatic updates, you agree to receive such updates as part of your use of this App. You acknowledge that your app store provider has no obligation whatsoever to furnish any maintenance or support services to you respecting this App.
To the fullest extent permitted by applicable law, Ford reserves the right, in its sole discretion, to change, improve, correct, modify, suspend, discontinue or permanently cancel the operation of this App or portions thereof at any time without any notice to you, without incurring any obligations. Your use of this App after any changes are posted will be considered acceptance of such changes. The App may not be available during maintenance breaks and other times.
Uninstallation methods vary depending on your device. To uninstall this App, please use the application manager provided with your device or consult your device manual for reference.
5. United States App and Pricing
Ford operates this App from Michigan, United States of America (“U.S”). You agree that all notices, legal documents, proceedings, etc. will be in the English language. Materials and information provided on or through the App, including but not limited to prices, features, products or services, may not be appropriate for or available outside the U.S. If you choose to access the App from outside the U.S., you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the App. Further, because Ford is based in the U.S., you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most U.S. pricing refers to the Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP”), which, unless otherwise indicated, excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected dealer for the actual price of any vehicle and any applicable terms and conditions that may apply.
6. Depiction of Vehicles
Any vehicles shown on this App are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. The actual vehicles offered in your market may be different. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited and vehicles shown may not be available in all markets. Ford reserves the right to change any detail regarding the specification, prices, components, colors, and product availability without prior notice.
7. Consent to Receive Autodialed Text Messaging Containing Ads.
This App may provide the user the opportunity to request U.S. text message(s) containing ads. Ford autodialed texts are text messages that Ford sends using equipment that can dial numbers that are stored or produced by random or sequential number generators. By consenting to receive an autodialed text, or regular receipt of autodialed texts (in the case of a subscription), that contain ads from Ford, whether by replying “Y” to a Ford text message or by registering your consent online, you agree that Ford may deliver or cause to be delivered autodialed telemarketing text(s) to the phone number you have provided, or in the case of a text consent, the number associated with your device. You are under no obligation to accept these Terms and Conditions and agreeing to receive autodialed telemarketing text(s) is not required for purchasing any property, goods, or services from Ford. For important U.S. consent information go to consentinfo.ford.com.
8. Third Party Information
This App may link to third-party websites, integrate services, or access to content that is not owned or controlled by Ford, including but not limited to links to websites for Ford dealers (Third Party Service). Ford has no control over and, to the fullest extent permitted by applicable law, assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites or services. In addition, Ford will not and cannot censor or edit the content of any Third Party Website or service. By clicking on links or accessing content, you expressly relieve Ford from any and all liability arising from your use of any Third Party Website or Services, or from the content of any Third Party Website or services. When using a Third Party Website or Service, you should be aware of when you leave Ford's App and read the terms and conditions and privacy policy of each Third Party Website that you visit.
This app may use data from third party sources, such as maps and directions, to provide services. This data and other information may not always be accurate. We are not responsible for any data provided by third parties or your reliance upon the same.
9. Limited Licenses
Unless and to the extent indicated otherwise, the App and Materials (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the App and/or Materials are owned, controlled or licensed by Ford, its subsidiaries or affiliates. The contents of the App and Materials, including the selection, coordination and arrangement of the App and Materials, are protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws worldwide in your use of this App and Materials and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these Terms and Conditions, Ford grants you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to this App and the Materials for your personal, non-commercial use only. Ford authorizes you to download the Materials and App only for your personal, non-commercial use. All rights, title and interest in the App and Materials not expressly granted to you in these Terms and Conditions are reserved by Ford and its subsidiaries and affiliates, and/or its licensors. You agree not to dispute Ford's claims of ownership or validity of its rights in the Materials on this App.
These Terms and Conditions shall extend from the date you install this App until terminated by you (when you uninstall this App) or Ford. Ford may suspend or terminate any and all of your rights and authorization at any time for any reason. If you violate any of the Terms and Conditions, your rights under this Section will immediately terminate and Ford may terminate your access to the App without notice and without any refund of fees, if applicable.
Any right or authorization granted to you by Ford is subject to the following obligations and restrictions:
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY APP OR WEBAPP, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FORD’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This App is intended as a resource for people interested in Ford Motor Company products, projects and initiatives. This isn’t the place to address warranty or customer service questions or concerns or products sold by Ford Motor Company. If you have a question about a Ford Motor Company product, please contact Ford's Customer Relationship Center calling 1 800-392-3673 in the United States or 1 800-565-3673 in Canada during normal business hours.
The Ford name, and all trademarks and logos displayed on this App are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln, Motorcraft), vehicle model names (e.g., Mustang, Fiesta, Focus), slogans (e.g., Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this App is strictly prohibited.
Ford will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that any content on this App infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Designated Agent:
DMCA Agent.
Suite E800
330 Town Center Dr.
Dearborn, Michigan 48126
Email address: DMCA@Ford.com
Fax: 1-313-322-7162
In your communication, please include:
(i) Your physical or electronic signature.
(ii) Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
(iii) Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
(vi) A statement that the information in your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf. You acknowledge that if you fail to comply with all of the requirements of the above paragraph, your DMCA notice may not be valid. Please see 17 U.S.C.§ 512 for more information regarding the DMCA and DMCA notifications.
By using this App you agree that you will defend, indemnify and hold harmless Ford and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this App, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
Ford reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Ford's defense of such claim. You acknowledge and agree that your app store provider has no responsibility or obligation in the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
14. Disclaimer
Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS APP, OTHER WEBSITES PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE APPS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE APPS.
This App and all the information it contains is provided for information purposes only on an "as is" and “as available” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Ford, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the App, the information, Materials, content, availability, and products. To the fullest extent permitted by applicable law, Ford disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. In the event this App fails to conform to any applicable warranty, you may notify your app store provider, and it may refund the purchase price for the App to you and that, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the App. You acknowledge that your app store provider is and will not be responsible for addressing any claims by you or a third party relating to the App or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APP AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB, APP, OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER FORD, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws. To the fullest extent permitted by law, any liability of Ford, its officers, Directors, employees, related entities, affiliates, shareholder, representatives or agents for breach of any such rights is limited to refunding the purchase price paid for this App.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this App constitute the entire agreement regarding the App and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the App or the services provided on the App. This App is operated from Ford's offices in the United States of America. Unless and to the extent local law requires otherwise, these Terms and Conditions are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof which would require application of another choice of law. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Ford's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan. If you have any questions, comments, or claims regarding this App you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or contacting us in the US at:
|
Telephone 800-392-3673 800-232-5952 (TDD for the hearing impaired)
Available 8:00 am - 5:00 pm EST Monday - Friday
|
Mailing Address
Ford Motor Company Customer Relationship Center P.O. Box 6248 Dearborn, MI 48126 |
16. User Generated Content
If this Application allows you to submit information to Ford, ( “User Submissions”) you understand and agree that your User Submissions will not be treated in confidence by Ford except as provided herein with respect to personally identifiable information that you submit to Ford and as further described below. You are solely responsible for your User Submissions and the consequences of posting or publishing your User Submissions. As your User Submissions may be publicly displayed, many people from around the world will be able to see your postings as well as any comments you make. Ford does not share, sell, or rent personally identifiable information with third parties for their own use without providing you a choice. By submitting your email you agree that Ford and its third party service providers may use you email address to contact you about your User Submission or for other administrative purposes. Examples of User Submissions that will not be considered (Excluded Items) are:
(a) confidential information of any type;
(b) product styling or design ideas;
(c) product name, slogan or logos ideas;
(d) advertisements or marketing proposals (commercials, songs, etc.);
(e) business methods or ways of conducting our business (restructuring, acquisitions,
etc.); and
(f) submissions that Ford, in its sole discretion, deems inappropriate for any reason
(such as those that contain profanity, sexually explicit language, defamatory remarks,
threats, etc.).
By submitting a User Submission, you grant to Ford an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Ford deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). Ford reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. By accepting these Terms and Conditions you declare your understanding and acceptance of Ford’s right to display advertisements in connection with User Submissions for advertising and promotional purposes. Ford may, but is not obligated to, pre-screen User Submissions or monitor any area of the website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions.
Ford does not act in a consulting capacity. We are not obligated to provide you with an explanation for any decision regarding your User Submission. This applies to the original posting or any comments you make as well as to anything you later disclose, orally or in writing. We assume no obligation to tell you something we already knew or have discovered since your User Submission.
Warning: We recommend against the use of any hand-held device while driving and encourage the use of voice-operated systems when possible. Accessing or using this app on hand-held devices while driving could distract your attention away from the road and result in loss of vehicle control, crash and injury. This app may send messages or push notifications to your cell phone. Do not read messages on hand-held devices while driving.
Part 2 – Ford Play / Lincoln Play Privacy Statement
1. General Statement:
Ford Motor Company (“Ford”, “us,” “it,”’ “we” or “our”) respects your privacy and is committed to protecting it. This privacy statement explains Ford’s policies and practices regarding online customer information. It is through this disclosure that Ford intends to provide you with a level of comfort and confidence in how it collects, uses, and safeguards personal and other information it collects or that you provide through this App, and how you can contact us if you have any questions or concerns. It is our sincere hope that by explaining our data handling practices that Ford will develop a trusting and long-lasting relationship with you. By using the App, you agree to the terms of this privacy statement.
2. Information About Our Organization and App and General Data Collection Practices:
This Privacy Statement applies to the Ford Play or Lincoln Play App. Ford Play or Lincoln Play App is owned by Ford Motor Company, Marketing, Sales and Service Division, 16800 Executive Plaza Drive, Dearborn, MI 48126.
The business purpose of this App is to provide you the ability to control your vehicle’s Family Entertainment System remotely, and to stream media from mobile devices to the Family Entertainment Systems or from the System to mobile devices.
Online Tracking Information
When you use this App analytics providers may collect information about your online activity over time and across apps and websites.
Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” (“DNT”) signals other than cookies, Ford Motor Company does not currently respond to undefined “DNT” signals to its US websites and apps.
Most settings can be configured not to accept cookies, however, this may prevent you from having access to some functions or services on our sites or apps.
See Sections 5 and 7 for more information.
3. Information You Provide:
During your use of this App, no personally identifiable information (such as name, address, email address and phone number) is collected through any means or data flow channels.
4. Automatically Collected Information:
Ford Play or Lincoln Play App automatically collects information related to App usage and it information such as tracking the App pages that are visited or the amount of time spent on the App.
This App may collect additional information which may include the type/model of the mobile device viewing the App and the mobile device’s service provider and operating system.
The primary goal in collecting such information from you is to be able to perform App metrics that allow Ford to improve the functionality of the App.
Ford may use session and persistent “cookies,” session logs, spotlight ads/web beacons/GIF/pixel tags, banner ads or links, and third-party click tracking analytics tools (such as Adobe and Crashlytics; these companies may also use such tools) to collect aggregate or other information about App users. An explanation for each of these items and how they work is included in Section 7 - Methods to Collect Information below.
5. How Ford Uses the Automatically Collected Information:
Automatically collected information may be used to:
Ford Play or Lincoln Play App utilizes automatically collected information for the purpose of performing analytics on the user’s experience while using this App. This analysis:
6. Methods to Collect Information:
A “cookie” is a small text file that helps us in many ways to make your visit to a website or use of an App more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to a website or App. They also allow Ford to tailor a website or App or advertisement to better match your interests and preferences. There are a couple different types of cookies.
A “session” cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your device, the session cookie disappears forever.
A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on your computer until either a) they expire, b) they are overwritten with newer cookies, or c) you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site or App functions or features.
This App may use third-party click tracking analytics tools (such as Adobe and Crashlytics) to capture clickthrough statistics. These parties may collect information about your use of the App and across different Apps and sites and mobile apps, and across devices over time.
Ford Play or Lincoln Play App may use spotlight ads/web beacons/GIF/pixel tags which are App instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon.
Users may be directed to Ford Play or Lincoln Play App via banner ads or site links. Ads or site links that are placed by Ford Play or Lincoln Play App use tools such as cookies or web beacons to deliver metrics on the effectiveness of the ads or links. .
7. Sharing Your Information:
App metrics for Ford Play or Lincoln Play App may be shared with other Ford Motor Company websites or Apps or subsidiaries or affiliates.
Ford may disclose information collected if (1) in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ford Motor Company, its affiliates or the site or App; (b) protect and defend the rights or property of Ford Motor Company, its affiliates or this site or App; or (c) act under exigent circumstances to protect the personal safety of Ford Motor Company or affiliate personnel, users of their websites or Apps, or the public; or (2) if required to do so by law.
8. Security of Your Information:
Safeguarding information of visitors to Ford’s websites or users of its Apps is important to us. Ford uses systems, policies and procedures to reasonably protect information from loss, misuse or alteration.
Vendors, contractors or partners of Ford Play or Lincoln Play App who have access to information in connection with providing services for Ford Play or Lincoln Play App are required to keep the information confidential.
9. Processing of Data:
By using this App you understand and consent to the collection, use, processing, transfer, and disclosure of information globally --- including to the United States – in accordance with this Privacy Statement.
10. Links to Other Apps:
Ford Play or Lincoln Play App may provide links to other websites or Apps. You are encouraged to review the privacy statements of all sites or Apps that you visit or download, including those whose links are provided so that you can understand how those sites or Apps collect, use and share your information. Ford Play or Lincoln Play App is not responsible for the privacy statements, content or data handling practices on other websites or Apps.
11. Contacting Us:
If you have any questions, comments or concerns about this online privacy statement for Ford Play or Lincoln Play App, Ford Play or Lincoln Play App privacy practices, or have any questions regarding the contents of this App please contact us at
Telephone
800-392-3673
800-232-5952 (TDD for the hearing impaired)
Available Monday-Friday, 8:00 a.m. - 8:00 p.m. EST and Saturday, 9:00 a.m. - 5:30 p.m. EST
Mailing Address
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126
Ford Play or Lincoln Play App is committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy and the handling of your data. Ford Play or Lincoln Play App will be happy to respond to your questions and comments.
12. Privacy Statement Effective Date and Revision Days:
Occasionally this privacy statement may be updated in order to reflect any changes to the App or privacy practices. If this statement is updated, the new statement will be posted to the App ten (10) days prior to the changes taking effect.
The effective date of this privacy statement is August 28 2017.
Your California Privacy Rights
Please click here to see Your California Privacy Rights, or go to: http://www.ford.com/help/privacy/california.
Part 3 – Country Unique Terms and Conditions
The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 shall apply to the App unless specifically modified by the Country Unique Terms and Conditions set forth below. To the extent the General Terms and Conditions or the Privacy Statement conflict with the Country Unique Terms, the Country Unique Terms shall apply in the applicable Country.
General Information (Section 1): The following is added replacing the fourth to six sentences:
Use of this App by Ford employees, including contract and supplemental, and any Ford agency personnel is completely voluntary and will have no impact on your employment or assignment. Time spent using the App outside of work hours is not compensable. If you have questions, please talk with your supervisor before downloading or registering for this App.
General Information (Section 1): The following language is added replacing the first sentence in the second paragraph:
By using this App you agree that you have read, understand and accept the Terms and Conditions and you affirm that you have reached the age of majority in the Province or Territory in which you reside, have a valid driver’s license, and that you are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions and all applicable laws.
System Requirements/Updates/Changes/Cancellation (Section 3): the following is added:
You may withdraw consent from receiving automatic updates by turning off automatic updates in your mobile device settings. Software updates may affect or erase data you have stored and we are not responsible for any affected or erased data. If you have any questions or need assistance please contact us (Sections 15 and as set out below).
Automatically Collected Information (Section 4): The section heading is deleted and replaced with the following:
4. Non-Personally Identifiable Information
United States App and Pricing (Section 5): The following language is removed:
You agree that all notices, legal documents, proceedings, etc. will be in the English language.
United States App and Pricing (Section 5): The second paragraph is deleted in its entirety.
Depiction of Vehicles (Section 6): Is deleted in its entirety.
Consent to Receive Autodialed Text Messaging Containing Ads (Section 7): Is deleted in its entirety.
User Generated Content (Section 16): Is deleted in its entirety.
Ford Rights to User Submissions (Section 17): Is deleted in its entirety.
Privacy Statement (Part 2):
Processing of Data (Section 7): the following is added:
Reasonable contractual or other measures we may take to protect your personal information while processed or handled by suppliers are subject to legal requirements in Canada, the United States and other foreign countries applicable to them, for example, lawful requirements to disclose personal information to governmental authorities in those countries.
Contacting Us (section 11): the following is added:
Canadian Residents- How to Contact Us:
Ford Motor Company of Canada, Limited
The Canadian Road
P.O. Box 2000
Oakville, Ontario, Canada L6K 0C8
Ford of Canada Relationship Centre 1-800-565-3673
1-888-658-6805 (TDD for the Hearing Impaired)
Knowledgeable representatives can assist you Monday to Friday, 8:30 a.m. to 5:00 p.m. (Local Time)
Please also see the Ford Motor Company of Canada, Limited Privacy Policy at www.ford.ca for more information about Ford of Canada and our privacy practices.
Consent to Receive Autodialed Text Messaging Containing Ads (Section 7): This Section is deleted in its entirety.
Designated Agent for Copyright Notification (Section 12): The following language is added replacing the first sentence in the last paragraph:
Under U.S. law, if the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
User Generated Content (Section 16): The following language is added replacing the fourth sentence in the first paragraph:
In China, Ford does not share any personally identifiable information with third parties for a purpose without providing you prior notices for the scope, content and purpose of such sharing and having obtained your explicit consent. Ford does not sell or rent personally identifiable information with third parties.
Contacting Information of China:
If you have any questions, comments, or claims regarding Ford Play General Terms and Conditions, as well as Ford Play Privacy Statement, you may contact your authorized dealer or contact us at:
1. Changan Ford: 400-8877766
Operation hour: 24 hrs all days
2. Ford China Operation: 400-0810986
Operation hour: 8am to 8pm
3. Jiangling Motor Corporation: 400-8801099
Operation hour: 24 hrs all days
United States App and Pricing (Section 5): The following is added at the end of this Section:
In case this App displays Ford´s products prices, they are only showed as a reference and unless otherwise informed, they are expressed in American Dollars.
Any information or statement contained in this App can be considered as a public offer in Mexico.
Other Conditions/ Restrictions (Section 10): The following language is added replacing the second paragraph:
This App is intended as a resource for people interested in Ford Motor Company products, projects and initiatives. This isn’t the place to address warranty or customer service questions or concerns or products sold by Ford Motor Company. If you have a question about a Ford Motor Company product in Mexico, please contact Ford's Customer Relationship Center calling (01) 800-719-8466 during normal business hours.
For information regarding to Ford´s products prices, features and availability in Mexico, please visit your local Ford´s Dealership in Mexico and/ or www.ford.mx
Acknowledgements
This product may include the Cling and Seamless software, developed by the following, provided under the CDDL 1.0 or LGPL 2.0 dual license. Ford elects to distribute these components under the CDDL license.
You may obtain your own copy of the Cling source code at: https://github.com/4thline/cling
You may obtain your own copy of the Seamless source code at: https://github.com/4thline/seamless
Cling, Copyright (C) 2013 4th Line GmbH, Switzerland
Seamless, Copyright (C) 2012 4th Line GmbH, Switzerland
CDDL 1.0 License:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 (CDDL-1.0) (text)
1. Definitions.
1.1. Contributor means each individual or entity that creates or contributes to the creation of Modifications.
1.2. Contributor Version means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. Covered Software means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. Executable means the Covered Software in any form other than Source Code.
1.5. Initial Developer means the individual or entity that first makes Original Software available under this License.
1.6. Larger Work means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. License means this document.
1.8. Licensable means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. Modifications means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. Original Software means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. Source Code means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. You (or Your) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipients rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as Participant) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdictions conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
This product may include software developed by the following, provided under the Apache 2.0 license:
Copyright (C) 2008-2011 The Android Open Source Project
Copyright 2007-2008 Google Inc.
Copyright 2004 The Apache Software Foundation
Copyright 2012 Koushik Dutta
Apache 2.0 Notice:
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
This product may include software developed by the following, provided under the BSD 2-Clause license:
Copyright (c) 2010-2016, Deusty, LLC
All rights reserved.
BSD 3-Clause License:
Redistribution and use of this software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Neither the name of Deusty nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Deusty, LLC.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product may include software developed by the following, provided under the BSD 3-Clause license:
Copyright (c) 2011-2012, Bruno Keymolen
Copyright (c) 2013, Jonathan Guan, Mujtaba Hassanpur, Gleb Pinigin
Copyright (c) 2013-2014, Felix Paul Kühne
Contributions by Andrejs Cernikovs (c) 2012, Sebastian Peischl (c) 2014, Sebastian Roth (c) 2014.
BSD 3-Clause:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the {organization} nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS;OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product may include the Jetty software, developed by the following, and provided under the Apache 2.0 and EPL 1.0 licenses.
You may obtain your own copy of the Jetty source code at: http://www.eclipse.org/jetty/download.html
The Eclipse Foundation makes available all content in this plug-in ("Content"). The Content is dual licensed and is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL") as well as the Apache Software License Version 2.0. A copy of the EPL is available at http://www.eclipse.org/legal/epl-v10.html. A copy of the ASL is available at http://www.apache.org/licenses/LICENSE-2.0.html. For purposes of the EPL, "Program" will mean the Content.
If you did not receive this Content directly from the Eclipse Foundation, the Content is being redistributed by another party ("Redistributor") and different terms and conditions may apply to your use of any object code in the Content. Check the Redistributor's license that was provided with the Content. If no such license exists, contact the Redistributor. Unless otherwise indicated below, the terms and conditions of the EPL still apply to any source code in the Content and such source code may be obtained at http://www.eclipse.org.
Apache 2.0 License:
Please see Apache 2.0 license notice above.
Eclipse 1.0 License:
Eclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
This product may include the jetty-util subcomponent developed by the following, and provided with the following license.
Copyright 1996 Aki Yoshida,
modified April 2001 by Iris Van den Broeke, Daniel Deville.
Permission to use, copy, modify and distribute UnixCrypt for non-commercial or commercial purposes and without fee is granted provided that the copyright notice appears in all copies.