76
You may not commercialize the Mobile Apps in any way. You will not, and You will not allow any person to, copy
sublicense, lease, sell or rent the Mobile Apps or any part thereof, to analyze it by means of reverse engineering, to
decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile Apps,
or of any updates thereto or any part thereof (except as and only to the extent any foregoing restriction is prohibited
by applicable law or to the extent as may be permitted by the licensing terms governing use of any Separately
Licensed Code included with a Mobile App). Any attempt to do so is a violation of the rights of Roku and its licensors. If
You breach this restriction, You may be subject to prosecution and damages. The terms of this license will govern any
upgrades provided by Roku to a Mobile App, unless such upgrade is accompanied by a separate license in which case
the terms of that license will govern.
Consent to Use of Data
You agree that Roku or a third party contracted by Roku, may collect and use technical and usage data and related
information, including but not limited to, information about Your device, system and software, peripherals and Mobile
App usage that is gathered periodically to facilitate the provision of updates, product support and other services (if
any) to You related to the Mobile App. Roku may use this and other information it collects about You as described in
its Privacy Policy, available at www.roku.com/about/privacy.
Export Controls
You agree not to download any Content, Mobile App, or Software, nor otherwise export or re-export the Television
or Mobile Apps or the Software into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any
other country as to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's
List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the
Television, the Channel Store, the Software or the Mobile Apps, You are representing and warranting that You are not
located in, under the control of, or a national or resident of any such country or on any such list.
Roku Reserves the Right to Change Policies and Web Pages
The policies and other content of the Roku web pages referred to in this Agreement may be changed by Roku from
time to time in its sole discretion, without notice to You.
Dispute Resolution by Binding Arbitration, with Class Action Waiver and Choice of
Law
1. You and Roku agree to be bound by the procedures set forth below to resolve any and all claims arising out
of or relating to any aspect of the relationship between You and Roku, whether based in contract, statute,
tort, fraud, misrepresentation or any other legal theory, including but not limited to, claims relating to this
Agreement, its formation, enforceability, performance or breach, and claims related to advertising, the
Software, the Television, the Channel Store or the Mobile Apps (as applicable). Each such claim is referred to
individually as “Claim” and collectively as “Claims”.
2.
YOU AND ROKU AGREE THAT, EXCEPT FOR THE CLAIMS IDENTIFIED IN PARAGRAPH 4 BELOW, ANY AND
ALL CLAIMS BETWEEN YOU AND ROKU SHALL BE FINALLY SETTLED BY BINDING ARBITRATION.
The
arbitration shall take place in Santa Clara County, California, and shall be administered by the American
Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules, including (if applicable) the AAA’s
Supplementary Procedures for Consumer-Related Disputes. Please be aware there is no judge or jury in
