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Permitted Use and Restrictions
The Television and the Software are for personal, non-commercial use only. Copying or redistribution of any Content delivered via the Television is strictly prohibited
and we may prevent or restrict you from copying or re-distributing any elements of the Software or Content using digital rights management or other technologies.
The Television and the Software are for use only in those countries where the manufacturer of your Television has authorized its sale. If you are using the Television
and the Software outside of these countries, the rights granted under this EULA do not apply. Some of the Content Providers use technologies to verify your geograph
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ic location, and you may not be able to use the Television or the Software to access any Content outside of the country or location authorized by Roku or the Content
Provider. Except as expressly provided under this EULA, you do not acquire any intellectual property or other proprietary rights in or to the Television, the Software or
the Content, including any rights in patents, inventions, improvements, designs, trademarks, database rights or copyrights, nor do you acquire any rights in any confi
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dential information or trade-secrets. All rights not expressly granted to you in this EULA are reserved by Roku or its applicable licensors. You may not remove, obscure,
alter or conceal any trademark, logo, copyright or other proprietary notice in or on any Television, Software or Content.
The Software is proprietary to Roku or its third party licensors and may be used only with the Television. Subject to this EULA and, where appropriate, the applicable
third party licenses, you have a non-exclusive, non-transferable license to run the Software and any updated versions provided to you by Roku, only in and as incorpo
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rated in the Television. This is a license and not a sale. You may not (a)
copy, assign, sublicense, lease, sell or rent the Software, (b) distribute or otherwise transfer the
Software except as incorporated in the Television, provided that, you do not retain any copies of the Software and the recipient reads and agrees to this EULA (includ
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ing all amendments); (c)
modify, adapt, translate, or create derivative works of the Software (except only to the extent any of the foregoing restriction is prohibited by
applicable law or as may be permitted by the license terms governing any Separately Licensed Code included with the Software); (d)
decompile, disassemble, reverse
engineer or otherwise derive source code from the Software, except to the extent such actions cannot be prohibited under applicable law because they are essential
to achieve inter-operability of the Software with another software program, and provided that the information obtained by you during such activities is (i)
used only
to achieve such inter-operability; (ii)
not disclosed without Roku’s prior written consent; and (iii) not used to create any software that is substantially similar to the
Software; (e) defeat, bypass, circumvent or interfere with any security mechanism or access control measures, or (f)
have any of the foregoing done for you by a third
party. This license does not include the right to receive Software upgrades or updates. Your right to use the Television and the Software will immediately terminate
upon your breach of this EULA.
Software Updates
IN ITS SOLE DISCRETION, ROKU MAY PROVIDE UPDATES TO YOUR TELEVISION VIA THE INTERNET, INCLUDING BUG FIXES AND UPDATES, CHANGES IN THE USER
INTERFACE OR HOW YOU ACCESS CONTENT, AND OTHER CHANGES THAT MAY ADD, ALTER OR REMOVE FUNCTIONALITIES AND FEATURES. YOU ACKNOWLEDGE THAT
THESE UPDATES: (A) MAY HAPPEN AUTOMATICALLY IN THE BACKGROUND AT ANY TIME (AND THAT THEY CANNOT BE DISABLED BY YOU); AND (B) WILL REQUIRE AN
INTERNET CONNECTION AND YOU MAY INCUR ADDITIONAL DATA CHARGES FROM THE PROVIDER OF THE INTERNECT CONNECTION. YOU UNDERSTAND THAT THESE
UPDATES ARE NECESSARY TO MAINTAIN COMPATIBILITY WITH OTHER UPDATES TO ROKU’S PRODUCTS OR SERVICES AND MAY BE REQUIRED FOR SECURITY REASONS.
BY USING THE TELEVISION, YOU HEREBY AGREE TO RECEIVE SUCH UPDATES.
Separately Licensed Code
Certain software components of the Software are provided under separate third party license terms (
“Separately Licensed Code”
) and your right to use such compo
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nents is governed by such license terms. Please visit
https://www.roku.com/separatelylicensedcode
for more information.
Voice Search
If downloaded to your phone or mobile device, the Roku mobile app allows you to use your voice to search for content on your Television using voice search. When
you choose to use voice search, you agree that Roku and/or a third party vendor contracted by Roku have your consent to record, process and store your voice inputs
(e.g., a recording and the interpretation of what was said), and use such voice inputs with other information about your Television (e.g., device identifier) to provide
services related to voice search to you, to improve the accuracy and quality of the service, and as described in Roku’s Privacy Policy. To learn more about voice search,
visit the FAQ pages of Roku’s website at
NO WARRANTY FROM ROKU; LIMITATION OF LIABILITY
YOUR warranty with respect to the Television is provided by THE TELEVISION’S MANUFACTURER, and not by Roku. ROKU OFFERS NO WARRANTY TO YOU UNDER THIS
EULA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE SEPARATELY LICENSED CODE AND THE SOFTWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ROKU DISCLAIMS
ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICU
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LAR PURPOSE AND NON-INFRINGEMENT. ROKU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TELEVISION, THE SEPARATELY LICENSED CODE
AND THE SOFTWARE WILL BE: (I) SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION.
(B) IN NO EVENT SHALL ROKU, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY TELEVISION, THE SEPARATELY LICENSED
CODE, THE SOFTWARE, OR YOUR USE THEREOF; AND
(C) YOU AGREE THAT (I) THE TOTAL CUMULATIVE LIABILITY OF ROKU, ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA, INCLUDING LIABIILTY
RELATING TO ALL TELEVISIONS LINKED TO YOUR ROKU ACCOUNT, AND THE SEPARATELY LICENSED CODE AND THE SOFTWARE IN SUCH TELEVISIONS,
AND
YOUR USE THEREOF, SHALL NOT EXCEED THE AMOUNT SET FORTH IN THE ROKU ACCOUNT TERMS AND CONDITIONS YOU AGREED TO FOR YOUR ROKU
ACCOUNT, AND (II) ROKU, ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU UNDER THIS EULA FOR ANY DIRECT DAMAGES ARISING
OUT OF, OR IN CONNECTION WITH THE TELEVISION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSEN
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TIAL PURPOSE AND EVEN IF ROKU, ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATOINS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY
TO YOU, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
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