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Haier 32E4000R User Manual page 73

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"AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROKU HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO ANY OF THE FOREGOING, 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 RELIABILITY OR AVAILABILITY, OF ACCURACY,
OF QUIET ENJOYMENT, OF QUIET POSSESSION, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, OR REASONABLE
CARE AND SKILL, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROKU DOES NOT WARRANT (I) AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE TELEVISION, THE MOBILE APPS, THE SOFTWARE, THE SEPARATELY
LICENSED CODE, OR THE CHANNEL STORE, (II) THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR
PROVIDED BY ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, (III) THAT THE OPERATION OF ANY OF THE
FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) THAT DEFECTS WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE
ANY WARRANTY.
Some jurisdictions do not allow exclusions or limitations on implied warranties, so the foregoing limitations of
warranties may not apply to You. You may also have other rights that vary from jurisdiction to jurisdiction.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE LICENSORS
AND/OR SUPPLIERS BE LIABLE FOR (A) ANY PERSONAL INJURY OR PROPERTY DAMAGE; OR (B) ANY CONSEQUENTIAL,
SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR DATA
OR USE OR FOR THE COST OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY (WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION WITH, ANY TELEVISION, ANY
ROKU ACCOUNT, THE CHANNEL STORE, THE MOBILE APPS, THE SOFTWARE, THIRD PARTY CONTENT, THE SEPARATELY
LICENSED CODE, OR YOUR USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN
DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT ALLOWED BY LAW, AND
OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW FOR PERSONAL INJURY CASES, YOU AGREE THAT (I) THE TOTAL
CUMULATIVE LIABILITY OF ROKU, ROKU'S LICENSORS AND/OR ROKU'S SUPPLIERS, INCLUDING LIABILITY RELATING
TO ANY TELEVISION, ANY ROKU ACCOUNT, THE CHANNEL STORE, THE SOFTWARE, THE THIRD PARTY CONTENT, THE
SEPARATELY LICENSED CODE, AND THE MOBILE APPS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS
(US$100), AND (II) ROKU, ITS LICENSORS AND/OR SUPPLIERS SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT
FOR ANY DIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE TELEVISION. YOUR REMEDY, IF ANY,
WITH RESPECT TO THE TELEVISION, SHALL BE SOLELY AGAINST (A) THE SELLER FROM WHOM YOU PURCHASED IT AND
(B) HAIER COMPANY LTD., AS SET FORTH IN ACCORDANCE WITH THE IMPORTANT PRODUCT INFORMATION GUIDE
PROVIDED BY HAIER COMPANY LTD.. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED
HEREIN FAILS OF ITS ESSENTAIL PURPOSE AND EVEN IF WE OR OUR LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LIABILITY.
Additional Terms Applicable to Mobile Apps
License
The Mobile Apps are licensed, not sold, to You for use only under the terms of this Agreement. Roku, as the licensor,
reserves all rights not expressly granted to You. This license granted to You by Roku for the Mobile Apps is limited to a
non-exclusive, non-transferable license to use the Mobile Apps for personal and non-commercial purposes solely on
any mobile device that You own or control and as permitted by the usage rules set forth in any application store terms
and conditions and only within the country or location authorized by Roku. This license does not grant any rights to
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