such software and associated documentation files (the “Open Source Software”), to deal in the Open Source Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Open Source Software, and to permit persons to whom the Open Source Software is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF ERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OROTHER DEALINGS IN THE SOFTWARE.
VIZIO Internet Applications (VIA) Policy
VIZIO Internet Applications (“VIA”) affords the opportunity to access third party Internet product offerings or services (“VIA Services”) on certain VIZIO devices incorporating the VIA functionality. The VIA Services accessible herein are provided as per our agreement with these third parties. These agreements are subject to change, interruption, suspension (including termination) at any time and for various reasons. VIZIO makes no warranties or representations that any particular VIA Service will be accessible, available, function in any particular manner or function at all.
Internet Access Required for VIA Services; Updates:
To use these VIA Services, you must obtain high-speed/broadband access to the Internet (such as DSL, cable or T1 lines), 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. Each individual third party Internet product may require different minimum Internet connection speed. The usability and availably of a functional VIA device and its Internet connected feature may highly be dependent and varied based on high-speed/broadband internet access, connection speed, bandwidth, other equipment(s), third party applications, firmware updates and other factors outside of VIZIO’s control and/or responsibility which may also be independent of the actual operation of the device. It is further understood that VIA enabled devices are integrated with sophisticated technologies (software and hardware) which may exhibit delayed boot-up/shutdown time and/or interrupted services. You further understand that the VIA Services specifications and functionality are constantly evolving and that we may directly, or indirectly via third parties, update or change the VIA Services, in whole or in part, at any time and without notice to you. Such updates may be required for you to use certain aspects of the VIA services or to continue to connect to the VIA Services.
Availability of Content on VIA Services:
VIZIO or said third parties providing 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. Some or all of the data or functionality of VIA Services may require additional payment and/or subscription by you. However, in no event will you be charged for any VIA Services unless those charges are made known to you in advance. VIZIO makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained on the data
servers of such third party providers of any VIA Services. Furthermore, we do not review, control, or endorse the content, products or services of VIA Services or their data servers.
VIA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANT¬ABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE VIA SERVICES IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT VIZIO DOES NOT GUARANTEE THAT THE VIA SERVICES WILL ALWAYS WORK PROPERLY OR WORK AT ALL. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE VIA SERVICES, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
VIA Services Content Disclaimer:
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 web sites, 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 are 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.
VIZIO Privacy Policy; VIA Software License Agreement:
Your right to use the widget links to access VIA Services is also governed by VIZIO’s Privacy Policy and the VIZIO Internet Applications Software License Agreement (“VIA Software License Agreement”), the terms of which are incorporated herein by this reference. The terms of both the Privacy Policy and VIA Software License Agreement may be found in your Product Guide and on VIZIO’s website. In the event of a conflict between the VIZIO Internet Applications (VIA) Policy and the VIA Software License Agreement, the VIA Software License Agreement shall control. BY YOUR USE OF THE VIA SERVICES, YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE FOREGOING POLICIES AND AGREEMENT.
VIZIO may change the terms and conditions of this VIA Policy, the VIZIO Privacy Policy and/or the VIA Software License Agreement, at any time and without prior notice. The most up to date versions are available on the Internet at: www.vizio.com. If you do not have Internet access, you should periodically contact our customer service department and we will mail you a current version, free of charge. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE VIA POLICY, THE VIZIO PRIVACY POLICY AND/OR THE VIA SOFTWARE LICENSE AGREEMENT OR ANY CHANGES THERETO, YOU MUST IMMEDIATELY CEASE USE OF THE VIA SERVICES.
