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42
D
VIZIO Internet Applications Disclaimer
VIZIO Internet Applications (“VIA”) affords the opportunity to access third party
Internet product offerings 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 offerings or service levels for any reason that VIZIO or said third parties
deem sufficient 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 conflict 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
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