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Voice Services
You can use your voice to control your Television (e.g., search for content, switch inputs, launch channels, and launch Smart
Guide) via (i) the Roku mobile app, if you have downloaded the Roku mobile app to your phone or mobile device; or (ii) a
compatible voice remote if your Television supports voice services in your country of residence. When you choose to use your
voice to control your Television, you agree that Roku and third parties who fulfill your requests and/or provide services for us
have your consent to record, process and store your voice inputs (e.g., a recording and the interpretation of what was said), and
use such voice inputs with other information about your Television (e.g., device identifier) to provide services to you, to improve
the accuracy and quality of the service, and as described in Roku’s Privacy Policy. To learn more about voice services, visit the
FAQ pages of Roku’s website at www.roku.com/support.
NO WARRANTY FROM ROKU; LIMITATION OF LIABILITY
YOUR WARRANTY WITH RESPECT TO THE TELEVISION IS PROVIDED BY THE TELEVISION’S MANUFACTURER, and not
by Roku. ROKU OFFERS NO WARRANTY TO YOU UNDER THIS EULA. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A)
THE SEPARATELY LICENSED CODE AND THE SOFTWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND. ROKU DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING
THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. ROKU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TELEVISION,
THE SEPARATELY LICENSED CODE AND THE SOFTWARE WILL 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 PERSONAL
INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY TELEVISION, THE SEPARATELY LICENSED CODE,
THE SOFTWARE, 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 LIABILITY RELATING TO ALL TELEVISIONS LINKED TO YOUR ROKU ACCOUNT,
AND THE SEPARATELY LICENSED CODE AND THE SOFTWARE 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 SHALL NOT BE
LIABLE TO YOU UNDER THIS EULA FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE
TELEVISION. THE FOREGOING LIMITATIONS 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 warranties OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES, so SOME OF the ABOVE LIMITATIONS IN THIS SECTION MAY NOT apply to You. NOTHING IN THESE TERMS OF
USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU, AND You may also have other rights
that vary from jurisdiction to jurisdiction.
Export Controls
You agree not to download any Content or Software, nor otherwise export or re-export any Television or the Software into (or
to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country as to which the United States or your
country has embargoed goods, or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Denial Orders or on similar restricted lists published by your government from time to time.
By using any Television or the Software, you are representing and warranting that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
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