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M3D420SR / M3D421SR / M3D460SR / M3D550SR
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 MERCHANTABILITY, 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
five 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 finds any provision, or portion thereof, to be unenforceable, the
remainder of this License Agreement shall continue in full force and effect.
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 contempo-
raneous 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 modification 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.