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,
