Before using the American Honda Motor Co., Inc. Interactive Owner's Manual Service

<American Honda Motor Co., Inc. Interactive Owner's Manual Service Terms and Conditions>

The American Honda Motor Co., Inc. Interactive Owner's Manual Service Terms and Conditions (hereinafter referred to as "these terms") apply to all activities when you use this service provided by American Honda Motor Co., Inc. (hereinafter referred to as "Honda"). The user shall be able to use this service in accordance with the terms only after understanding the terms and conditions and agreeing to all provisions of these terms.

1.Definitions
The terminology used in these terms shall be defined as follows:
1.1. Honda product means a product that is manufactured or sold by Honda or an entity designated by Honda, and that is supplied by Honda for use in the United States with a Honda trademark.
1.2. This service means the owner's manual browsing service provided by Honda through a designated website that provides owner's manuals through methods such as browsing, downloads, installation, and upgrades to customers who use our products (if the service name or content is changed for any reason, it includes service after the change) and any information, content, software, etc. included in this service.
1.3. Owner's manual means an owner's manual, owner's guide or other document provided by Honda (including electronic data shared on our website) that provides information on how to use our products safely and appropriately.
1.4. User means individuals, corporations or other organizations using this service.
1.5. Intellectual property means the copyrights, patents, utility models, trademarks, design rights, image rights, or other intellectual property rights (including those granted or in the process of being granted).

2. Application of these terms
2.1. These terms determine the conditions for utilizing this service. In using this service, the user understands the content of these terms, agrees to all provisions in these terms, and uses the service in accordance to these terms.
2.2. The user is deemed to have agreed to these terms by checking agree or pressing a button indicating they agree to the terms displayed when starting the use of this service. In addition, each time the user uses this service, they must check the precautions displayed on the screen, and when the service used after these precautions are displayed, it will be deemed that the user has consented to the content.
2.3. In the case that there are differences between these terms and the precautions set forth in the preceding paragraph or other explanations of this service, the provisions of these terms will take precedence.

3. Operation of this service
3.1. Honda may add to, change, suspend, cancel or destroy the content of this service without notice to the end user for maintenance or other reasons.
3.2. Honda can provide customers with updated versions of the service or information about version updates. In this case, the updated version or version upgrade information shall constitute a part of this service and these terms naturally apply to their use.

4. Limitation of Liability
4.1. Honda assumes no liability for the items specified below:
4.1.1. This service may not contain supplementary materials such as owner's manuals or corrections for all  products sold by Honda.
4.1.2. The content of the owner's manuals provided through this service may have content that is based on laws and regulations in the years in which they were created and has not been updated to match current ones.
4.1.3. The content of the owner's manuals provided through this service may differ from those included with Honda products due to specification or other changes.
4.1.4. The body color or interior colors of the Honda products displayed in this service may appear differently than the actual product due to the photography or the screen on which they are displayed.
4.1.5. 3D images of the Honda products displayed on this service are created via CG and the products, specifications, or colors may differ from the actual product.
4.1.6. The warranty of Honda products are not provided based on this service, but based on the documents included with our products.
4.1.7. The computer system providing this service is not infected with a virus.
4.1.8. This service meets the user's needs.
4.1.9. In addition to the previous items, the accuracy, completeness, certitude, applicability, usability, availability, safety, reliability, and lack of fault of this service.
4.2. In accordance with Article 3, Paragraph 1 or 2, Honda is not liable for any disadvantage or damages (including, but not limited to, loss of opportunity to use this service, other incidental damages, indirect damages, special damages, future damages and lost profits, etc., hereinafter referred to as "damages") incurred by the user and/or a third party.
4.3. The user uses this service at their own risk, and Honda is not liable for any damages incurred by the user and/or a third party due to the use or non-use of this service.
4.4. Honda is not liable for any damages that may be incurred by the user due to unauthorized access to or modification of data.
4.5. If the user makes any changes, modifications, technical modifications, etc. to the hardware or software of mobile phones, tablets, PCs and other devices (hereinafter referred to as "devices") needed to use this service that cause them to no longer be able to use the service normally, Honda is not liable for any damages incurred as a result of the inability to use this service and will not take any action such as returning use of the service.
4.6. When using this service, the user must comply with the laws and regulations that apply to the country or region in which they use the service, and Honda is not liable for any violations of these laws and regulations.
4.7. Honda assumes no responsibility if, by using this service while driving or in another dangerous situation, the user is involved in a crash and they and/or a third party sustains an injury or comes to harm.
4.8. Honda will be exempt from any responsibility for defects, additions, changes, suspensions, cancellations, or destruction of this service for any reason, even if the user incurs any damages.

5. Usage Fees
This service is provided at no charge.

6. Usage environment of this service
6.1. The user shall prepare the appropriate device(s), software, and data service necessary for using this service at their own expense and responsibility. Honda does not guarantee that this service is compatible with all devices.
6.2. The customer acknowledges that data charges may be incurred when using this service and bears the expenses themselves. Reasonable measures such as applying for a flat-rate service should be taken.
6.3. The customer acknowledges that when using this service outside of the United States, a data usage fee system different from that in  the United States or a flat-rate service may not apply, and that they use this service at their own risk and expense.
6.4. The user is responsible for taking security measures such as preventing unauthorized access and information leakage according to their usage environment.
6.5. Honda is not involved with, nor takes any responsibility of, the user's usage environment.

7. Prohibited Acts
In using this service, the end user may not engage in any act that falls under or may fall under any of the following activities:
7.1. Activities that violate these terms.
7.2. Activities that infringe the intellectual property, copyrights, property right, or other rights or interests of Honda and/or a third party
7.3. Activities that cause inconvenience to Honda and/or a third party, or cause disadvantage or damages.
7.4. Activities that slander or damage the reputation of or trust in Honda and/or a third party.
7.5. Activities that hinder public order or violate laws and regulations.
7.6. Business activities using this service, for-profit activities, or preparation for such activities.
7.7. Use or sharing of harmful programs such as computer viruses through or in connection with this service.
7.8. Illegal access via computer in order to share this service
7.9. Sublicensing, transferring, or disposing of part of the right to use this service by methods other than those specified by Honda.
7.10. Using the right to use this service to conduct transactions with cash or other property or property benefits, other exchange transactions, or to advertise or make announcements or solicitations.
7.11. Activities that interfere with the operation or provision of this service.
7.12. Disassembly, decompilation, reverse engineering and other acts of analyzing the source code, structure, and ideas of this service.
7.13. Using this service for means other than those provided by Honda, falsification of data within the service, or illegal creation of data.
7.14. Duplicating transmitting, transferring, lending, translating, adapting, modifying or combining this service with other software.
7.15. Destroying the security device or security code embedded in this service.
7.16. Activities that deliberately exploit defects in this service.
7.17. Giving your password to a third party, allowing them to access to your device, or lending, transferring, selling, or pledging them use of this service.
7.18. Using this service by naming someone other than yourself, pretending to be someone you do not have the right to represent or act in the stead of, or as a partner of or cooperating with another person or organization.
7.19. Using this service via programs, macros, or tools not acknowledged by Honda.
7.20. Activities that violate the precautions described in this service or other company publications.
7.21. Using this service on a device or looking at its screen while in an inappropriate place for using this service, such as while driving a vehicle or in an unsafe situation.
7.22. Political, religious or other related activities.
7.23. Impersonating an employee or other related persons of Honda or its affiliates.
7.24. Reprinting support emails or personal communications from Honda.
7.25. Other activities that are considered inappropriate.

8. Penalties
8.1. If the user violates these terms or laws, or if Honda determines there is a risk of violation, Honda may take any necessary measures at its own discretion such as suspending use of the service, and will not be liable for any damages caused by such measures, except in the case of Honda's willful misconduct or gross negligence.
8.2. The user shall not be able make any objections to the actions taken by Honda based on these conditions, or actions taken in violation of laws and regulations.
8.3. In the case that the user damages the company in violation of these terms or other laws or regulations, the user is responsible for compensation for the damage.

9. Intellectual Property
9.1. The intellectual property rights related to this service belong to Honda or those who have licensed them to Honda. The use of this service based on these terms does not mean that the intellectual property rights of Honda or those licensed to Honda may be used.
9.2. The user expressly obtains all information, images, etc. through the use of this service and may not use, reprint, copy, distribute, modify, etc. all or part of them beyond the personal use stipulated in the Copyright Act or other areas explicitly permitted by law without obtaining permission from Honda or the owner of the information, images, etc.
9.3. In the event of any dispute related to intellectual property between the user and a third party while using this service, the user shall settle the dispute at their own responsibility and expense, and Honda will have no liability, except in the case of Honda's willful misconduct or gross negligence.

10. Notifications
10.1. The user agrees that Honda can notify the user via the screen of this service, email, or other methods deemed appropriate by the company.
10.2. When the user is notified by the Honda via the aforementioned methods, the notification is considered sent once the content of the notification has been displayed on the service screen whether or not the user has viewed it.

11. Links to this service
Users can freely link to this service. However, links from sites that violate public order are not allowed.

12. Transfer of Rights and Obligations
If Honda transfers the business related to this service to another company, Honda shall be able to transfer contractual status and rights and obligations based on these conditions to the assignee of the business transfer, and the user shall agree in advance in this section to such a business transfer. The business transfer set forth in this section shall include not only normal business transfers but also any company split or other kind of business transfer.

13. Validity of these terms
13.1. Even if any provision or part of these conditions is determined to be invalid or unenforceable based on the Consumer Contract Law or other laws and regulations, the remaining provisions of these terms and any remaining parts of the provisions determined to be invalid or unenforceable shall continue to be effective.
13.2. Even if any provision or part of these terms is invalidated or withdrawn in connection with a specific customer, the remaining provisions of these terms and any part thereof are invalidated or withdrawn. The remaining provisions of these terms and any remaining part of the provisions that are invalid or withdrawn will continue to be effective in relation to other users.

14. Governing Law and Jurisdiction
14.1. These terms shall be governed and interpreted in accordance with the laws of the State of California.
14.2. Any dispute related to this service between Honda and the user shall be subject to the exclusive jurisdiction of state and Federal Courts located in the County of Los Angeles, California.

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End User License Agreement

Your vehicle may contain a navigation solution ("Navigation Solution") as part of its audio/connectivity system. The software embedded in the Navigation Solution (the "Software") is owned by the navigation solution provider or its subsidiaries (collectively, "Navigation Provider"). The map data that may be embedded in your Navigation Solution or downloaded separately (the "Map Data") is either owned by the Navigation Provider, or by HERE North America LLC and/or its affiliates ("HERE") or another third party and licensed to the Navigation Provider. The Navigation Provider also owns, or licenses from third party providers, information, traffic data, text, images, graphics, photographs, audio, video, images and other applications and data that may be embedded in the Navigation Solution, or downloaded separately ("Other Content"). The Map Data and Other Content are collectively the "Content". The Software and Content (collectively, the "Navigation Provider Products") are protected under copyright laws and international copyright treaties. The Navigation Provider Products are licensed, not sold. The structure, organization and code of the Software are valuable trade secrets of the Navigation Provider and/or its third-party providers. The Navigation Provider Products are each provided under this License Agreement and are subject to the following terms and conditions which are agreed to by End User ("you" or "your"), on the one hand, and the Navigation Provider and its licensors and affiliated companies of the Navigation Provider and its licensors, on the other hand. The Navigation Provider's licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of the Navigation Provider and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.

IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING YOUR NAVIGATION SOLUTION OR CONTENT. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING YOUR NAVIGATION SOLUTION OR CONTENT CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS.

License Terms and Conditions

The Navigation Provider grants you a limited, non-exclusive license to use the applicable Navigation Provider Product in accordance with the terms of this Agreement. You agree to use the applicable Navigation Provider Product for solely personal use, or if applicable, for use in your business' internal operations, and not for service bureau, time-sharing, resale or other similar purposes. You agree not to otherwise reproduce, archive, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Navigation Solution, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. The Navigation Provider also reserves the right to discontinue offering any Content supplied by any third party supplier if such supplier ceases to supply such content or the Navigation Provider's contract with such supplier terminates for any reason.

Restrictions. Except where you have been specifically licensed to do so by Navigation Provider, and without limiting the preceding paragraphs, you may not use the Navigation Provider Products with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, and which are capable of dispatch, fleet management or similar applications where the Content is used by a central control center in dispatching a fleet of vehicles. In addition, you are prohibited from renting or leasing the Navigation Provider Products to any other person or third party.

You agree to be fully responsible for your own conduct and content while using the Software and for any consequences thereof. You agree to use the Software only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Software, You will not:

  • upload, post, email or transmit or otherwise make available content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such Content;
  • use the Software or other content for any illegal or unauthorized purpose; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

You agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to your country of residence.

No Warranty. The Navigation Provider Products are provided to you "as is," and you agree to use them at your own risk. The Navigation Provider and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Navigation Provider and its licensors, make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Navigation Provider Products, or that the Content or server will be uninterrupted or error-free. The Navigation Provider Products are intended to be used only as supplementary travel aids and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. THE NAVIGATION PROVIDER MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE MAP DATA OR OTHER CONTENT.

Disclaimer of Warranty. THE NAVIGATION PROVIDER AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF THE NAVIGATION PROVIDER AND ITS LICENSORS, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE NAVIGATION PROVIDER PRODUCTS. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY THE NAVIGATION PROVIDER OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability. THE NAVIGATION PROVIDER AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND AFFILIATED COMPANIES OF THE NAVIGATION PROVIDER AND ITS LICENSORS, 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 NAVIGATION PROVIDER PRODUCTS; 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 THE NAVIGATION PROVIDER PRODUCTS, ANY DEFECT IN THE CONTENT OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE NAVIGATION PROVIDER PRODUCTS OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF THE NAVIGATION PROVIDER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NAVIGATION PROVIDER'S AND ITS LICENSORS' TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE CONTENT SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ELECTRONIC COMMUNICATION DEVICE OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE.

Disclaimer of Endorsement; Change of Content Providers. Reference to any products, services, processes, hypertext links to third parties or other Content by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by the Navigation Provider or its licensors. Product and service information are the sole responsibility of each individual vendor. The HERE name and logo, the HERE and HERE ON BOARD trademarks and logos, and other trademarks and trade names owned by HERE North America LLC may not be used in any commercial manner without the prior written consent of HERE. Content providers may be changed by the Navigation Provider during the term of this Agreement, and your experience with the Content provided by a new provider may not duplicate your experience with the previous Content supplier.

Export Control. You agree not to export from anywhere any part of the Content or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnity. You agree to indemnify, defend and hold the Navigation Provider and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of the Navigation Provider and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Navigation Provider Products.

Map Data. Use of the Map Data is subject to certain restrictions and/or requirements imposed by third party suppliers and/or governmental or regulatory authorities, and in the case of HERE Data, as further set forth at https://legal.here.com/en-gb/terms/general-content-supplier-terms-and-notices.

Term. This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by the Navigation Provider) or expires, or (ii) Navigation Provider terminates this Agreement for any reason, including, but not limited to, if the Navigation Provider finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between the Navigation Provider and any third party from whom the Navigation Provider (a) obtains services or distribution necessary to support the Navigation Provider Products, or (b) licenses Content. You agree, upon termination, to destroy all copies of the Content. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.

Entire Agreement. These terms and conditions constitute the entire agreement between the Navigation Provider and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of the Navigation Provider and its licensors, 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.

(a) For European Union HERE Data

The above terms and conditions shall be governed by the laws of the Netherlands, 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. You agree to submit to the jurisdiction of the Netherlands for any and all disputes, claims and actions arising from or in connection with the HERE Data provided to you hereunder.

(b) For North American HERE Data and other non-European Union HERE Data

The above terms and conditions shall be governed by the laws of Illinois, 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. You agree to submit to the jurisdiction of Illinois for any and all disputes, claims and actions arising from or in connection with the HERE Data provided to you hereunder.

(c) For disputes, claims and actions not related to the HERE Data

The above terms and conditions shall be governed by the laws of Japan, 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. You agree to submit to the jurisdiction of Japan for any and all disputes, claims and actions arising from or in connection with the Application or Content. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.

Map Data Government End Users. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Map Data is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data - commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License Agreement, the construction that provides greater limitations on the Government's rights shall control. The contractor/manufacturer is HERE North America LLC, 425 West Randolph Street, Chicago, Illinois 60606 USA.

HERE is a trademark in the U.S. and other countries. All other company names and trademarks mentioned or referenced in this documentation are the properties of their respective owners. All rights reserved.