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NO WARRANTY FROM ROKU; Limitation of LIABILITY
ROKU OFFERS NO WARRANTY TO YOU UNDER THIS EULA . W ITHOUT LIMITING THE GENERALITY OF THE
FOREGOING DISCLA IMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LA W :
(A) THE SEPARATELY LICENSED CODE AND THE SOFTW A RE A RE PROVIDED
AND W ITHOUT W A RRANTY OF A NY KIND. ROKU DISCLAIMS ALL OTHER W ARRANTIES AND
CONDITIONS, INCLUDING THE IMPLIED W ARRANTY OF MERCHA NTA BILITY, SATISFA CTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROKU DOES NOT GUARANTEE,
REPRESENT, OR W ARRANT THA T THE TELEVISION, THE SEPARATELY LICENSED CODE AND THE
SOFTW ARE W ILL 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
PERSONA L INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE,
INDIRECT OR CONSEQUENTIAL DA MAGES OF ANY KIND ARISING OUT OF ANY TELEVISION, THE
SEPARATELY LICENSED CODE, THE SOFTW A RE, 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 RELA TING TO ALL TELEVISIONS LINKED TO YOUR
ROKU ACCOUNT, AND THE SEPARATELY LICENSED CODE A ND THE SOFTW ARE 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 SHA LL NOT BE LIABLE TO YOU UNDER THIS EULA FOR ANY DIRECT
DAMAGES ARISING OUT OF, OR IN CONNECTION W ITH THE TELEVISION. THE FOREGOING LIMITA TIONS
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 W ARRANTIES OR LIMITA TOINS OF LIABILITY
FOR CERTAIN TYPES OF DAMA GES, SO SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT A PPLY
TO YOU. NOTHING IN THESE TERMS OF USE SHA LL AFFECT ANY NON-W AIVABLE STATUTORY RIGHTS THAT
APPLY TO YOU, AND YOU MAY A LSO HA VE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Export Controls
You agree not to dow nload any Content or Software, nor otherwise export or re-export any Television or the Softw are
into (or to a nat ional or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country as to w hich the
United States or your country has embargoed goods, or to anyone on t he U.S. Treasury Departm ent's List of Specially
Designated Nationals or the U.S. Commerce Departm ent 's Table of Denial Orders or on similar restricted lists
published by your government from time to t ime. By using any Television or the Softw are, you are representing and
warranting t hat you are not located in, under the control of, or a national or resident of any such country or on any
such list.
Choice of Law; Dispute Resolution
A. If you are a consumer and a resident in any country in t he European Economic Area where the sale of the
Television is expressly authorized by its manufact urer, this EULA does not apply to you.
B. In all other cases, including if you are a resident of the United States (and its possessions and territories) or
Canada, you agree that this EULA shall be governed by the law s of the Stat e of California w ithout regard to
any conflict of laws principles that may provide the
application of the law of another jurisdict ion; and:
1. You and Roku agree t o be bound by the procedures set fort h below to resolve any and all claims
between you and Roku arising out of or relating to any aspect of this EULA, whether based in contract,
tort, statute, fraud, misrepresentation or any other legal theory, including but not limited to, claims
between you and Roku relat ed to the Television and the Softw are. Each such claim is referred to
Claim Claims
2. You and Roku agree that, except for THE claims identified in paragraph 4 of this section below, any
and all CLAIMS BETW EEN YOU AND ROKU shall be finally settled by binding arbitration. The
arbitration shall take place in Santa Clara County, California and shall be administered by the Am erican
-current rules, including (if applicable) the
-Related Disputes. Please be aw are there is no judge or
jury in arbitration. Arbitration procedures are simpler and more limited than the rules applicable in court,
YOU AND ROKU FURTHER AGREE THA T
EACH OF YOU MAY BRING CLA IMS AGAINST THE OTHER ONLY ON A N INDIVIDUA L BASIS AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN A NY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
preside over any consolidat ed, representat ive or class proceeding. A lso, the arbitrat or m ay award
relief (including monet ary, injunctive or declaratory relief) only on an individual basis and may not
aw ard any form of consolidated, representat ive or class-wide relief. Notwithstanding any provision in
these term s to t he contrary, if the class-act ion w aiver in this provision is deemed invalid or
unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Roku are
entitled to arbitrate the Claims. This arbit ration provision is subject to t he Federal Arbitration A ct. The
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