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NO WARRANTY FROM ROKU; Limitation of LIABILITY
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
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 LIABIILTY 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 LIMITATOINS 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.
Choice of Law; Dispute Resolution
A. If you are a consumer and a resident in any country in the European Economic Area where the sale of the
Television is expressly authorized by its manufacturer, 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 laws of the State of California without regard to
any conflict of laws principles that may provide the application of the law of another jurisdiction; and:
1. You and Roku agree to be bound by the procedures set forth 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 related to the Television and the Software. 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 BETWEEN 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 American
-current rules, including (if applicable) the
-Related Disputes. Please be aware 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 THAT
EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
preside over any consolidated, representative or class proceeding. Also, the arbitrator may award
relief (including monetary, injunctive or declaratory relief) only on an individual basis and may not
award any form of consolidated, representative or class-wide relief. Notwithstanding any provision in
these terms to the contrary, if the class-action waiver 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 arbitration provision is subject to the Federal Arbitration Act. The
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