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firmware and software that We have pre-installed on the television that You have purchased which uses the Roku platform to play digital
content distributed over the Internet (“
Television
”), and the firmware and software updates Roku makes available for the Television (such
firmware, software and updates, collectively, the “
Software
”); (ii) the Roku Channel Store that is accessible via the Television’s on-screen menu
(“
Channel Store
”); and (iii) if downloaded by You to a mobile device, any Roku mobile application and updates thereto (collectively, “
Mobile
App
”). By establishing an account at owner.roku.com (a “
Roku Account
”), using the Television, and/or downloading or using a Mobile App, You
are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to these terms and conditions, You are not
granted any right to use the Software or any Mobile Apps or the right to access the Channel Store. If You do not agree to these terms and
conditions and You are within the allowable time period for returns under the applicable return policy, You may return the Television to the
place where You obtained it for a refund, in accordance with the terms of such return policy. If You do not agree to these terms and conditions,
You should not download any Mobile App. If You have downloaded any Mobile App and You do not agree to these terms and conditions, You
should immediately delete it.
For purposes of this Agreement, “
Channel
” means any application that may be available from time to time in the Channel Store, including
without limitation, applications to access, display or play video, audio, photos, games, text or graphics; “
Content
” means video, audio, photos,
games, text, graphics and other audio or visual materials; and “
Content Provider
” means any third party who provides video, audio, photo,
games, text, graphics or other audio or visual materials that are accessible via the Channel Store and the Television.
Changes to This Agreement
Roku reserves the right to amend this Agreement at any time, in whole or in part, in its sole discretion. Such amendments shall be effective
immediately upon posting of the amended Agreement on Roku’s website at www.roku.com, via the Television, or within any Mobile App. In its
sole option, Roku may also notify You of the amended Agreement by sending a notice to the last email address You have provided to Roku. You
agree to provide accurate and complete information when You establish Your Roku Account, and You agree to promptly update Your account
information (including contact information) to keep it accurate and complete. Following the posting of the amended Agreement by any of the
methods described above, continued use of Your Television or any Mobile App, or continued access to Your Roku Account, constitutes Your
express agreement to be bound by the terms and conditions of the amended Agreement. You understand that, if You do not agree to the terms
and conditions of the amended Agreement, Roku may terminate Your right to use the Software and any Mobile App, limit Your access to Your
Roku Account and the Channel Store, and/or cease the provision of updates, upgrades or enhancements to Your Television.
Personal, Non-Commercial Use Only; Copying and Redistribution Prohibited; No Rights Except as Expressly Granted
The Software, the Channel Store and the Mobile Apps are intended for personal, non-commercial use only. You may not use them for any
commercial or illegal purpose. Copying or redistribution of the Software, any Mobile App, or of any Content delivered via the Software in the
Television is strictly prohibited. You may not use the Television to access or attempt to access any Content outside of the country or location
authorized by Roku or the third party who provided such Content. Except as expressly provided under this Agreement, You do not acquire any
intellectual property or other proprietary rights in or to the Software, the Channel Store, the Mobile Apps or the Content, including without
limitation, any rights in patents, inventions, improvements, designs, trademarks, or copyrights, nor do You acquire any rights in any confidential
information or trade-secrets. All rights not expressly granted to You in this Agreement are reserved by Roku or Our respective third party
licensors. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on any Television, Software, Content or
Mobile App.
Software Licenses
Software License
The Software is proprietary to Roku or Our respective third party licensors and may be used only with the Television. Subject to the terms of
this Agreement and where appropriate, the applicable third party licenses, We grant You a non-exclusive, non-transferable license to run the
Software and any updated versions provided to You by Roku, only in and as incorporated in the Television. This is a license and not a sale. You
may not (i) copy, sublicense, lease, sell or rent the Software, (ii) distribute or otherwise transfer the Software to any third party except as
incorporated in the Television, provided that, You do not retain any copies of the Software and the recipient of the Software reads and agrees
to accept the terms and conditions of this Agreement (including all amendments); (iii) modify, adapt, alter, translate, or create derivative works
of the Software; (iv) decompile, disassemble, reverse engineer or otherwise derive or attempt to derive source code from the Software;
(v) defeat, bypass, circumvent or interfere with any security mechanism or access control measures, or (vi) have any of the foregoing done for
You by a third party. This license does not grant any rights to obtaining future upgrades, updates or supplements to any Software.
Software Updates
ROKU RESERVES THE RIGHT TO UPDATE THE SOFTWARE FROM TIME TO TIME IN ITS SOLE DISCRETION, INCLUDING
ADDING, CHANGING OR REMOVING FUNCTIONALITIES AND FEATURES, INCLUDING BUT NOT LIMITED TO, CHANGING
THE USER INTERFACE OR THE MANNER IN WHICH YOU ARE ABLE TO ACCESS CONTENT VIA THE TELEVISION.
Separately Licensed Code
Notwithstanding the other provisions of this Agreement, certain components of the Software, known as “free” or “open source” software code
(“
Separately Licensed Code
”), are subject to separate license terms and are not subject to the license granted above. As required by the terms
of the relevant Separately Licensed Code licenses, Roku makes the Separately Licensed Code, and Roku’s modifications to it, available on Roku’s
website at no charge. Please visit www.roku.com/opensource for detailed information on the use of Separately Licensed Code.
