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AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE VIZIO SOFTWARE AND VIA SERVICES (AS DEFINED ABOVE)
IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT
FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIZIO SOFTWARE
AND VIA SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND VIZIO AND VIZIO’S THIRD PARTY PROVIDERS
OF VIA SERVICES AND THIRD PARTY LICENSORS (COLLECTIVELY REFERRED TO
AS “VIZIO” FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VIZIO SOFTWARE
AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MER-
CHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. VIZIO DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE VIZIO SOFTWARE OR VIA SERVICES, THAT THE
FUNCTIONS CONTAINED IN THE VIZIO SOFTWARE OR VIA SERVICES WILL MEET
YOUR REQUIREMENTS, THAT THE OPERATION OF THE VIZIO SOFTWARE OR
VIA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE VIZIO SOFTWARE OR VIA SERVICES WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY VIZIO OR A VIZIO AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE VIA SOFTWARE
OR VIA SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL VIZIO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VIZIO
SOFTWARE OR VIA SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY
OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VIZIO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall VIZIO’s total liability to you for all damages
(other than as may be required by applicable law in cases involving personal
injury) exceed the amount of twenty ve dollars ($25.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential
purpose.
13. Export Control. You may not use or otherwise export or re-export the
VIZIO Software except as authorized by United States law and the laws of
the jurisdiction in which the VIZIO Software was obtained. In particular, but
without limitation, the VIZIO Software may not be exported or re-exported
(a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person’s List or Entity List. By using the VIZIO Software,
you represent and warrant that you are not located in any such country or
on any such list. You also agree that you will not use these products for any
purposes prohibited by United States law, including, without limitation, the
development, design, manufacture or production of missiles, or nuclear,
chemical or biological weapons.
14. Controlling Law and Severability. This License Agreement will be governed
by and construed in accordance with the laws of the State of California, as
applied to agreements entered into and to be performed entirely within
California between California residents. This License Agreement shall not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. If for any reason
a court of competent jurisdiction nds any provision, or portion thereof, to be
unenforceable, the remainder of this License Agreement shall continue in full
force and eect.
15. Complete Agreement; Governing Language. This License Agreement
constitutes the entire agreement between the parties with respect to the
use of the VIZIO Software licensed hereunder and supersedes all prior or
contemporaneous understandings regarding such subject matter, with the
exception of any additional terms and conditions you are required to accept
if you choose to access VIA Services which will govern your use of such VIA
Services. No amendment to or modication of this License Agreement will be
binding unless in writing and signed by VIZIO. Any translation of this License
Agreement is done for local requirements and in the event of a dispute
between the English and any non-English versions, the English version of this
License Agreement shall govern.
Other
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