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such software and associated documentation les (the “Open Source Software”), to
deal in the Open Source Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Open Source Software, and to permit persons to whom the Open Source Software
is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF ERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE
OROTHER DEALINGS IN THE SOFTWARE.
VIZIO Internet Applications (VIA) Policy
VIZIO Internet Applications (“VIA”) affords the opportunity to access third party
Internet product offerings or services (“VIA Services”) on certain VIZIO devices
incorporating the VIA functionality. The VIA Services accessible herein are provided as
per our agreement with these third parties. These agreements are subject to change,
interruption, suspension (including termination) at any time and for various reasons.
VIZIO makes no warranties or representations that any particular VIA Service will be
accessible, available, function in any particular manner or function at all.
Internet Access Required for VIA Services; Updates:
To use these VIA Services, you must obtain high-speed/broadband access to the
Internet (such as DSL, cable or T1 lines), 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. Each individual third
party Internet product may require different minimum Internet connection speed. The
usability and availably of a functional VIA device and its Internet connected feature
may highly be dependent and varied based on high-speed/broadband internet access,
connection speed, bandwidth, other equipment(s), third party applications, rmware
updates and other factors outside of VIZIO’s control and/or responsibility which may
also be independent of the actual operation of the device. It is further understood
that VIA enabled devices are integrated with sophisticated technologies (software
and hardware) which may exhibit delayed boot-up/shutdown time and/or interrupted
services. You further understand that the VIA Services specications and functionality
are constantly evolving and that we may directly, or indirectly via third parties, update
or change the VIA Services, in whole or in part, at any time and without notice to you.
Such updates may be required for you to use certain aspects of the VIA services or to
continue to connect to the VIA Services.
Availability of Content on VIA Services:
VIZIO or said third parties providing 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
sufcient 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. Some or all of the data or functionality of VIA
Services may require additional payment and/or subscription by you. However, in no
event will you be charged for any VIA Services unless those charges are made known
to you in advance. VIZIO makes no warranties or representations of any kind as to
the accuracy, currency, or completeness of any information contained on the data
servers of such third party providers of any VIA Services. Furthermore, we do not
review, control, or endorse the content, products or services of VIA Services or their
data servers.
VIA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY
OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANT¬ABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM
EXTENT PERMITTED BY LAW. USE OF THE VIA SERVICES IS AT YOUR SOLE RISK. THIS
MEANS, FOR EXAMPLE, THAT VIZIO DOES NOT GUARANTEE THAT THE VIA SERVICES
WILL ALWAYS WORK PROPERLY OR WORK AT ALL. THIS ALSO MEANS WE DO NOT
GUARANTEE THAT THE VIA SERVICES, CONTENT OR PRODUCTS WILL BE FREE FROM
VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE
THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE
LIMITATIONS MAY NOT APPLY TO YOU.
VIA Services Content Disclaimer:
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 web sites, 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 are 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 identied 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.
VIZIO Privacy Policy; VIA Software License Agreement:
Your right to use the widget links to access VIA Services is also governed by VIZIO’s
Privacy Policy and the VIZIO Internet Applications Software License Agreement (“VIA
Software License Agreement”), the terms of which are incorporated herein by this
reference. The terms of both the Privacy Policy and VIA Software License Agreement
may be found in your Product Guide and on VIZIO’s website. In the event of a conict
between the VIZIO Internet Applications (VIA) Policy and the VIA Software License
Agreement, the VIA Software License Agreement shall control. BY YOUR USE OF THE
VIA SERVICES, YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE
FOREGOING POLICIES AND AGREEMENT.
VIZIO may change the terms and conditions of this VIA Policy, the VIZIO Privacy Policy
and/or the VIA Software License Agreement, at any time and without prior notice. The
most up to date versions are available on the Internet at: www.vizio.com. If you do not
have Internet access, you should periodically contact our customer service department
and we will mail you a current version, free of charge. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS OF THE VIA POLICY, THE VIZIO PRIVACY POLICY
AND/OR THE VIA SOFTWARE LICENSE AGREEMENT OR ANY CHANGES THERETO, YOU
MUST IMMEDIATELY CEASE USE OF THE VIA SERVICES.