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M3D420SR / M3D421SR / M3D460SR / M3D550SR
providers of VIA Services may collect and use technical, non-technical and related
information, including but not limited to information about your use of the VIZIO
Software, the VIA Services, content viewed and attached peripherals, products
or services purchased, that is gathered periodically to facilitate the provision of
software updates, product support and other services to you, including additional
or different VIA Services related to the VIZIO Software and to verify compliance
with the terms of this License Agreement. VIZIO and its third party providers of
VIA Services and/or other providers may use this information, as long as it is in a
form that does not personally identify you, to improve our products or to provide
services or technologies to you.
5. VIA Services and other Services. The VIZIO software affords the opportunity
to access third party Internet product offerings or services (“VIA Services”). The
VIA Services accessible herein are provided as per our agreement with certain
third parties. These agreements are subject to change, interruption, suspension,
removal (including termination) at any time and for various reasons. Moreover,
VIZIO or its third party providers of 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. VIZIO may
also impose additional or different limits on the use of or access to certain VIA
Services, in any case and without notice or liability. VIZIO makes no warranties
or representations that any particular VIA Service will be accessible, available,
function in any particular manner or function at all.
Use of the VIA Services may require you to accept additional terms of service or
end user license agreements which will be presented to you before you can use
such Services. Some or all of the data, 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.
6. Disclaimer as to Content on VIA Services. Certain VIA Services may include
materials from third parties or links to certain third party data servers. You
acknowledge and agree that VIZIO is not responsible for examining or evaluating
the content or accuracy of any VIA Services, their data servers or related
third-party materials. VIZIO does not warrant or endorse and does not assume
and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third parties. Links
to VIA Services and any associated links to other data servers are provided solely
as a convenience to you. To the extent provided, content types or descriptions
of VIA Services provided for convenience, and you acknowledge and agree that
VIZIO does not guarantee their accuracy. You understand that by using any of
the VIA Services, you may encounter content that may be deemed offensive,
indecent, or objectionable, which content may or may not be identified as having
explicit language. Nevertheless, you agree to use the VIA Services at your sole
risk and that VIZIO shall have no liability to you for content that may be found to
be offensive, indecent, or objectionable.
You agree that you will not use any third-party materials in a manner that would
infringe or violate the rights of any other party, and that VIZIO is not in any way
responsible for any such use by you.
7. Internet Access Required. 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.
8. Upgrades, Support. VIZIO or its third party providers may elect, but shall
be under no obligation, to provide you with customer support and/or software
upgrades, enhancements, or modifications to the VIZIO Software or VIA Services
(collectively, “Support”), in its sole discretion, and may terminate such Support
at any time without notice to you. VIZIO and its third party providers reserve the
right to charge you for any Support it provides but will make a schedule of those
charges available to you prior to your incurring any costs.
9. Termination. This License is effective until terminated. Your rights under this
License will terminate automatically without notice from VIZIO if you fail to comply
with any term(s) of this License Agreement. Upon the termination of this License
Agreement, you shall cease all use of the VIZIO Software and VIA Services.
10. Limited Warranty on VIZIO Media. VIZIO warrants the media on which the
VIZIO Software is recorded and delivered by VIZIO to be free from defects in
materials and workmanship under normal use for a period of ninety (90) days from
the date of original retail purchase. Your exclusive remedy under this Section shall
be, at VIZIO’s option, a refund of the purchase price of the product containing the
VIZIO Software or replacement of the VIZIO Software which is returned to VIZIO
or a VIZIO authorized representative with a copy of the receipt. THIS LIMITED
WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE,
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL
RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE
ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER
WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU