78
32"/55" 1080p, 60Hz, LED Insignia Roku TV
www.insigniaproducts.com
Insignia Roku TV End User Agreement
IMPORTANT: READ THIS AGREEMENT CAREFULLY IF YOU HAVE
ANY INSIGNIA ROKU TV. ALSO REVIEW THE IMPORTANT
PRODUCT INFORMATION GUIDE BEFORE POWERING UP YOUR
insignia ROKU TV FOR THE FIRST TIME.
Purpose and Scope of Agreement
This Insignia Roku TV End User Agreement (“
Agreement
”) is the
legal agreement between you (“
You
”), on the one hand, and Roku,
Inc. (“
Roku
”) and Insignia (“Insignia”) on the other hand (Roku and
Insignia collectively referred to as “
We
”, “
Us
” or “
Our
”), governing
Your use of: (i) the firmware and software that We have pre-installed
on the television that You have purchased which uses the Roku
platform to play digital content distributed over the Internet
(“
Television
”), and the firmware and software updates Roku makes
available for the Television (such firmware, software and updates,
collectively, the “
Software
”); (ii) the Roku Channel Store that is
accessible via the Television's on-screen menu (“
Channel Store
”);
and (iii) if downloaded by You to a mobile device, any Roku mobile
application and updates thereto (collectively, “
Mobile App
”). By
establishing an account at http://owner.roku.com (a “
Roku
Account
”), using the Television, and/or downloading or using a
Mobile App, You are agreeing to be bound by the terms and
conditions of this Agreement. If You do not agree to these terms
and conditions, You are not granted any right to use the Software or
any Mobile Apps or the right to access the Channel Store. If You do
not agree to these terms and conditions and You are within the
allowable time period for returns under the applicable return
policy, You may return the Television to the place where You
obtained it for a refund, in accordance with the terms of such return
policy. If You do not agree to these terms and conditions, You
should not download any Mobile App. If You have downloaded any
Mobile App and You do not agree to these terms and conditions,
You should immediately delete it.
For purposes of this Agreement, “
Channel
” means any application
that may be available from time to time in the Channel Store,
including without limitation, applications to access, display or play
video, audio, photos, games, text or graphics; “
Content
” means
video, audio, photos, games, text, graphics and other audio or
visual materials; and “
Content Provider
” means any third party
who provides video, audio, photo, games, text, graphics or other
audio or visual materials that are accessible via the Channel Store
and the Television.
Changes to This Agreement
Roku reserves the right to amend this Agreement at any time, in
whole or in part, in its sole discretion. Such amendments shall be
effective immediately upon posting of the amended Agreement on
Roku's website at www.roku.com,via the Television, or within any
Mobile App. In its sole option, Roku may also notify You of the
amended Agreement by sending a notice to the last email address
You have provided to Roku. You agree to provide accurate and
complete information when You establish Your Roku Account, and
You agree to promptly update Your account information (including
contact information) to keep it accurate and complete. Following
the posting of the amended Agreement by any of the methods
described above, continued use of Your Television or any Mobile
App, or continued access to Your Roku Account, constitutes Your
express agreement to be bound by the terms and conditions of the
amended Agreement. You understand that, if You do not agree to
the terms and conditions of the amended Agreement, Roku may
terminate Your right to use the Software and any Mobile App, limit
Your access to Your Roku Account and the Channel Store, and/or
cease the provision of updates, upgrades or enhancements to Your
Television.
Personal, Non-Commercial Use Only; Copying and
Redistribution Prohibited; No Rights Except as Expressly
Granted
The Software, the Channel Store and the Mobile Apps are intended
for personal, non-commercial use only. You may not use them for
any commercial or illegal purpose. Copying or redistribution of the
Software, any Mobile App, or of any Content delivered via the
Software in the Television is strictly prohibited. You may not use the
Television to access or attempt to access any Content outside of the
country or location authorized by Roku or the third party who
provided such Content. Except as expressly provided under this
Agreement, You do not acquire any intellectual property or other
proprietary rights in or to the Software, the Channel Store, the
Mobile Apps or the Content, including without limitation, any
rights in patents, inventions, improvements, designs, trademarks, or
copyrights, nor do You acquire any rights in any confidential
information or trade-secrets. All rights not expressly granted to You
in this Agreement are reserved by Roku or Our respective third
party licensors. You may not remove or alter any trademark, logo,
copyright or other proprietary notice in or on any Television,
Software, Content or Mobile App.
Software Licenses
Software License
The Software is proprietary to Roku or Our respective third party
licensors and may be used only with the Television. Subject to the
terms of this Agreement and where appropriate, the applicable
third party licenses, We grant You a non-exclusive, non-transferable
license to run the Software and any updated versions provided to
You by Roku, only in and as incorporated in the Television. This is a
license and not a sale. You may not (i) copy, sublicense, lease, sell or
rent the Software, (ii) distribute or otherwise transfer the Software
to any third party except as incorporated in the Television, provided
that, You do not retain any copies of the Software and the recipient
of the Software reads and agrees to accept the terms and
conditions of this Agreement (including all amendments); (iii)
modify, adapt, alter, translate, or create derivative works of the
Software; (iv) decompile, disassemble, reverse engineer or
otherwise derive or attempt to derive source code from the
Software; (v) defeat, bypass, circumvent or interfere with any
security mechanism or access control measures, or (vi) have any of
the foregoing done for You by a third party. This license does not
grant any rights to obtaining future upgrades, updates or
supplements to any Software.
Software Updates
ROKU RESERVES THE RIGHT TO UPDATE THE SOFTWARE FROM
TIME TO TIME IN ITS SOLE DISCRETION, INCLUDING ADDING,
CHANGING OR REMOVING FUNCTIONALITIES AND FEATURES,
INCLUDING BUT NOT LIMITED TO, CHANGING THE USER
INTERFACE OR THE MANNER IN WHICH YOU ARE ABLE TO
ACCESS CONTENT VIA THE TELEVISION.
Separately Licensed Code
Notwithstanding the other provisions of this Agreement, certain
components of the Software, known as “free” or “open source”
software code (“
Separately Licensed Code
”), are subject to
separate license terms and are not subject to the license granted
above. As required by the terms of the relevant Separately Licensed
Code licenses, Roku makes the Separately Licensed Code, and
Roku's modifications to it, available on Roku's website at no charge.
Please visit
www.roku.com/opensource
for detailed information on
the use of Separately Licensed Code.
Third Party Notices
Some of the technology contained in the Television is subject to
third party licenses that require that You be given the following
notices:
Hoefler Foundry, Inc., d/b/a Hoefler & Frere-Jones, holds the
copyright to the font used in the user interface of the Television.
MPEG LAYER-3 AUDIO CODING TECHNOLOGY LICENSED FROM
FRAUNHOFER IIS AND THOMSON.
