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LC-43LB371U/LC-50LB371U 43"/50" 1080p, 60Hz, LED Sharp Roku TV
of any content or service made available through the Sharp Roku TV
and does not warrant that the Sharp Roku TV, content or services will
meet your requirements, or that operation of the Sharp Roku TV will
be uninterrupted or error-free. Under no circumstances, including
negligence, shall Sharp be liable, whether in contract or tort, for any
direct, indirect, incidental, special or consequential damages, attorney
fees, expenses, or any other damages arising out of, or in connection
with, any information contained in, or as a result of the use of the
device, or any content or service accessed by you or any third party,
even if advised of the possibility of such damages.
Third party services may be changed, suspended, removed,
terminated or interrupted, or access may be disabled at any time,
without notice, and
Sharp and Roku makes no representation or
warranty that any content or service will remain available for any
period of time. Content and services are transmitted by third parties
by means of networks and transmission facilities over which Sharp
and Roku have no control. Without limiting the generality of this
disclaimer, Sharp and Roku expressly disclaims any responsibility or
liability for any change, interruption, disabling, removal of or
suspension of any content or service made available through the
Sharp Roku TV. Sharp, Roku, the content providers, or the service
providers may impose limits on the use of or access to certain services
or content, in any case and without notice or liability. Any questions or
requests for service relating to the content or services made available
on the Sharp Roku TV should be submitted to the respective cable
content or service provider or as described in the Sharp Roku TV User
Guide.
In the event of a conflict between the [Sharp Roku TV End User
Agreement and the terms set forth in this Legal Disclaimer, the Sharp
Roku TV End User Agreement shall prevail and control in all
circumstances.
Sharp Roku TV End User Agreement
IMPORTANT: READ THIS AGREEMENT CAREFULLY IF YOU HAVE
ANY SHARP ROKU TV. ALSO REVIEW THE IMPORTANT PRODUCT
INFORMATION GUIDE BEFORE POWERING UP YOUR sharp ROKU
TV FOR THE FIRST TIME.
Purpose and Scope of Agreement
This Sharp Roku TV End User Agreement (“
Agreement
”) is the legal
agreement between you (“
You
”), on the one hand, and Roku, Inc.
(“
Roku
”) and Sharp (“
Sharp
”) on the other hand (Roku and Sharp
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.
