services of any third-parties are provided solely as a convenience to you, and do not constitute or
imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or
its products and services. You acknowledge and agree that the use of any third-party application
is governed by such third party application provider’s terms of use, license agreement, privacy
policy, or other such agreement and that any information or personal data you provide, whether
knowingly or unknowingly, to such third-party application provider, will be subject to such third
party application provider’s privacy policy, if such a policy exists. LETV USA DISCLAIMS ANY
RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY
THIRD PARTY APPLICATION PROVIDER. LETV USA EXPRESSLY DISCLAIMS ANY WARRANTY
REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY
APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY
SUCH THIRD PARTY APPLICATION PROVIDER.
11. LETV SERVICES.
Certain Letv applications and services may be included with, or downloaded to, your Letv Device.
The Letv Software may enable access to Letv and third party services and web sites (collectively
and individually, “Services”). Some such Services and applications may not be available in all
languages or in all countries. Many of them may require Letv Services membership registration
(“Letv Account”), and your rights and obligations will be set forth in separate Letv Account Terms
and Conditions. There are non-Letv Account applications and services that may require your
consent to their separate terms and conditions as well. You expressly acknowledge and agree
that your use of such applications and services will be subject to the applicable terms and
conditions. Your use of a Letv Account is subject to the latest Letv Account Terms and Conditions,
which will be provided to you separately.
12. DIGITAL CERTIFICATE.
You acknowledge and agree that you are solely responsible for your decision to rely on a digital
certificate issued by either Letv USA or a third party and your use of such certificate. Letv USA
makes no express or implied warranties or representations as to merchantability or fitness for
any particular purpose, accuracy, security, or non-infringement of third party rights with respect
to digital certificates.
13. LIMITATION OF LIABILITY.
LETV WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE THE LETV SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS
CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR
RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP
PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES EVEN IF LETV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, LETV ELECTRONIC CO.’S TOTAL
LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED
TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE LETV
SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS DEVICE, OR ANY OTHER PROVISION OF THIS
EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS DEVICE OR
ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS DEVICE. THE FOREGOING
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 10, 11, 12 AND 13) SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS.
The Letv Software is licensed only with “restricted rights” and as “commercial items” consisting
of “commercial software” and “commercial software documentation” with only those rights as
are granted to all other end users pursuant to the terms and conditions herein. All products are
provided only with “restricted rights” with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. All Letv Software and Products are provided subject
to Federal Acquisition Regulation (FAR)52.227.19.
15. APPLICABLE LAW.
This EULA is governed by the laws of California, without regard to its conflict of law provisions.
This EULA shall not be governed by the UN Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy or difference arising in any way from
this EULA or your use of the Letv Software is not amicably settled, it shall be subject to the
