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VIZIO SOFTWARE LICENSE AGREEMENT
The following terms and conditions govern the use of any software on your
VIZIO HD TV:
1. General. The software, documentation and any fonts accompanying this
License Agreement whether on disk, in read only memory, on any other
media or in any other form (collectively the “VIZIO Software”) are licensed,
not sold, to you by VIZIO, Inc. (“VIZIO”) for use only under the terms of this
License Agreement, and VIZIO reserves all rights not expressly granted to you.
The rights granted herein are limited to VIZIO’s and its third party licensors’
intellectual property rights in the VIZIO Software and do not include any
other patents or intellectual property rights. You own the media on which the
VIZIO Software is recorded or resides but VIZIO and/or its licensor(s) retain
ownership of the VIZIO Software itself. The terms of this License Agreement
will govern any software upgrades provided or made available by or through
VIZIO that replace and/or supplement the original VIZIO Software, unless such
upgrade is accompanied by a separate license in which case the terms of that
license will govern.
2. Permitted Uses and Restrictions. This License Agreement allows you to use
the VIZIO Software and, through functions solely found within the VIZIO HD TV,
this Agreement also allows you to install upgrades thereto. The VIZIO Software
may be used to access VIA Services and view materials so long as such use is
limited to materials in which you are authorized or legally permitted to view.
You may not make the VIZIO Software or VIA Services available over a network
or where it could be used by multiple televisions at the same time. Except as
and only to the extent expressly permitted in this License Agreement or by
applicable law, you may not copy, decompile, reverse engineer, disassemble,
modify, or create derivative works of the VIZIO Software or any part thereof.
THE VIZIO SOFTWARE AND VIA SERVICES ARE NOT INTENDED FOR USE IN
ANY EQUIPMENT OR ENVIRONMENT IN WHICH THE FAILURE OF THE VIZIO
SOFTWARE OR VIA SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the VIZIO
Software or access to the VIA Services. You may, however, make a one-time
permanent transfer of all of your license rights to the VIZIO Software to
another party, provided that: (a) the transfer must include the VIZIO HD TV,
including all its component parts, original media, printed materials and this
License Agreement; (b) you do not retain any copies of the VIZIO Software, full
or partial, including copies stored on a computer or other storage device; and
(c) the party receiving the VIZIO HD TV and VIZIO Software reads and agrees to
accept the terms and conditions of this License Agreement.
4. Consent to Use of Collected Data. You agree that VIZIO and its third party
providers of VIA Services may collect and use technical, non-technical and
related information, including but not limited to information about your use of
the VIZIO Software, the VIA Services, content viewed and attached peripherals,
products or services purchased, that is gathered periodically to facilitate the
provision of software updates, product support and other services to you,
including additional or different VIA Services related to the VIZIO Software
and to verify compliance with the terms of this License Agreement. VIZIO and
its third party providers of VIA Services and/or other providers may use this
information, as long as it is in a form that does not personally identify you, to
improve our products or to provide services or technologies to you.
5. VIA Services and other Services. The VIZIO software affords the opportunity
to access third party Internet product offerings or services (“VIA Services”).
The VIA Services accessible herein are provided as per our agreement with
certain third parties. These agreements are subject to change, interruption,
suspension, removal (including termination) at any time and for various
reasons. Moreover, VIZIO or its third party providers of VIA Services reserve
the right to delete data from their servers, or prevent access to their servers
or to change data categories, product offerings or service levels for any reason
that VIZIO or said third parties deem sufficient in their sole discretion at any
time, without notice. VIZIO may also impose additional or different limits on
the use of or access to certain VIA Services, in any case and without notice
or liability. VIZIO makes no warranties or representations that any particular
VIA Service will be accessible, available, function in any particular manner or
function at all.
Use of the VIA Services may require you to accept additional terms of service
or end user license agreements which will be presented to you before you can
use such Services. Some or all of the data, functionality of VIA Services may
require additional payment by you. However, in no event will you be charged
for any VIA Services unless those charges are made available to you in advance.
6. Disclaimer as to Content on VIA Services. Certain VIA Services may include
materials from third parties or links to certain third party data servers.
You acknowledge and agree that VIZIO is not responsible for examining or
evaluating the content or accuracy of any VIA Services, their data servers or
related third-party materials. VIZIO does not warrant or endorse and does
not assume and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third
parties. Links to VIA Services and any associated links to other data servers
are provided solely as a convenience to you. To the extent provided, content
types or descriptions of VIA Services provided for convenience, and you
acknowledge and agree that VIZIO does not guarantee their accuracy. You
understand that by using any of the VIA Services, you may encounter content
that may be deemed offensive,
indecent, or objectionable, which content may or may not be identified as
having explicit language. Nevertheless, you agree to use the VIA Services at
your sole risk and that VIZIO shall have no liability to you for content that may
be found to be offensive, indecent, or objectionable.
You agree that you will not use any third-party materials in a manner that
would infringe or violate the rights of any other party, and that VIZIO is not in
any way responsible for any such use by you.
7. Internet Access Required. To use these VIA Services, you must obtain access
to the Internet, either directly or through devices that access the Internet and
pay any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the Internet including a
modem or other Internet access device.
8. Upgrades, Support. VIZIO or its third party providers may elect, but shall be
under no obligation, to provide you with customer support and/or software
upgrades, enhancements, or modifications to the VIZIO Software or VIA
Services (collectively, “Support”), in its sole discretion, and may terminate such
Support at any time without notice to you. VIZIO and its third party providers
reserve the right to charge you for any Support it provides but will make a
schedule of those charges available to you prior to your incurring any costs.
9. Termination. This License is effective until terminated. Your rights under
this License will terminate automatically without notice from VIZIO if you fail
to comply with any term(s) of this License Agreement. Upon the termination
of this License Agreement, you shall cease all use of the VIZIO Software and
VIA Services.
10. Limited Warranty on VIZIO Media. VIZIO warrants the media on which the
VIZIO Software is recorded and delivered by VIZIO to be free from defects
in materials and workmanship under normal use for a period of ninety (90)
days from the date of original retail purchase. Your exclusive remedy under
this Section shall be, at VIZIO’s option, a refund of the purchase price of the
product containing the VIZIO Software or replacement of the VIZIO Software
which is returned to VIZIO or a VIZIO authorized representative with a copy
of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON
THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM
THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET
FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN
LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION
OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
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