Vizio E400i-B2 - User Manual User Manual

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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 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

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 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.

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