141
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 components is governed by such license terms. Please visit
go.roku.com/seperatelylicensedcode
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
www.roku.com/support
.
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 PARTICULAR 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 ESSENTIAL 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.
Export Controls
You agree not to download any Content or Software, nor otherwise export or re-export any Television 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 or your country 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 or on similar restricted lists
published by your government from time to time. By using any Television or the Software, 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.
