VIZIO M43-C1 ユーザーズマニュアル

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 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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