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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 OR OTHER DEALINGS IN THE SOFTWARE.
VIZIO Internet Applications Disclaimer
VIZIO Internet Applications (“VIA”) aords the opportunity to access third party
Internet product oerings or services (“VIA Services”) on certain VIZIO TVs.
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.
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.
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 oerings or service levels for any reason that VIZIO or said
third parties deem sucient in their sole discretion at any time, without notice.
Some or all of the data or 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. 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.
Your rights to use the widget links to access VIA Services is governed by
the VIZIO Internet Applications Software License Agreement (“VIA Software
License Agreement”), the terms of which are available in your Product Guide,
all of which are incorporated herein by this reference. In the event of a conict
between this VIZIO Internet Applications Disclaimer and the VIA Software
License Agreement, the VIA Software License Agreement shall control.
VIZIO INTERNET APPLICATIONS SOFTWARE LICENSE AGREEMENT
THE FOLLOWING AGREEMENT EXPLAINS HOW YOU MAY USE THE VIZIO
INTERNET APPLICATIONS (“VIA”) TO ACCESS THIRD PARTY INTERNET
PRODUCT OFFERINGS AND SERVICES (“VIA SERVICES”) AND THE VIZIO
SOFTWARE INSTALLED ON YOUR VIZIO HD TV. BY USING THE VIZIO INTERNET
APPLICATIONS, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS
AND CONDITIONS, USE THE VIZIO SOFTWARE AND ACCESS THE VIA SERVICES.
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,