VIZIO VF552XVT HDTV User Manual
68
www.VIZIO.com
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VIZIO
SOFTWARE OR VIA SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY VIZIO OR A VIZIO AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE VIA\ZIO SOFTWARE OR VIA SERVICES PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VIZIO
BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
VIZIO SOFTWARE OR VIA SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VIZIO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall VIZIO’s total liability to you for all
damages (other than as may be required by applicable law in cases involving personal injury) exceed the
amount of twenty five dollars ($25.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
13. Export Control. You may not use or otherwise export or re-export the VIZIO Software except as
authorized by United States law and the laws of the jurisdiction in which the VIZIO Software was obtained.
In particular, but without limitation, the VIZIO Software may not be exported or re-exported (a) into any
U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using
the VIZIO Software, you represent and warrant that you are not located in any such country or on any
such list. You also agree that you will not use these products for any purposes prohibited by United
States law, including, without limitation, the development, design, manufacture or production of missiles,
or nuclear, chemical or biological weapons.
14. Controlling Law and Severability. This License Agreement will be governed by and construed in
accordance with the laws of the State of California, as applied to agreements entered into and to be
performed entirely within California between California residents. This License Agreement shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue
in full force and effect.
15. Complete Agreement; Governing Language. This License Agreement constitutes the entire
agreement between the parties with respect to the use of the VIZIO Software licensed hereunder and
supersedes all prior or contemporaneous understandings regarding such subject matter, with the
exception of any additional terms and conditions you are required to accept if you choose to access VIA
Services which will govern your use of such VIA Services. No amendment to or modification of this
License Agreement will be binding unless in writing and signed by VIZIO. Any translation of this License
Agreement is done for local requirements and in the event of a dispute between the English and any non-
English versions, the English version of this License Agreement shall govern.