Quick Start Guide

ManualsBrandsRoku ManualsElectronics9201X

AT ANY TIME (AND THAT THEY CANNOT BE DISABLED BY YOU);

AND (B) WILL REQUIRE AN INTERNET CONNECTION AND YOU MAY

INCUR ADDITIONAL DATA CHARGES FROM THE PROVIDER OF THE

INTERNET CONNECTION. YOU UNDERSTAND THAT THESE UPDATES ARE

NECESSARY TO MAINTAIN COMPATIBILITY WITH OTHER UPDATES TO

ROKU DEVICES OR SERVICES AND MAY BE REQUIRED FOR SECURITY

REASONS. BY USING THE ROKU DEVICE, YOU HEREBY AGREE TO

RECEIVE SUCH UPDATES.

Separately Licensed Code

Certain software components of the Software are provided under separate

third-party license terms (“Separately Licensed Code”) and your right to

use such components is governed by such license terms. Please visit https://

www.roku.com/separatelylicensedcode for more information.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) EXCEPT FOR THE LIMITED PRODUCT WARRANTY ACCOMPANYING

YOUR ROKU DEVICE, THE SEPARATELY LICENSED CODE AND

THE SOFTWARE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND

WITHOUT WARRANTY OF ANY KIND. ROKU DISCLAIMS ALL OTHER

WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY

OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROKU DOES NOT

GUARANTEE, REPRESENT, OR WARRANT THAT THE ROKU DEVICE,

THE SEPARATELY LICENSED CODE AND THE SOFTWARE WILL BE: (I)

SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK

OR SECURITY INTRUSION. 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.

(B) IN NO EVENT SHALL ROKU, ITS DIRECTORS, OFFICERS OR

EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY

DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE,

INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF

ANY ROKU DEVICE, THE SEPARATELY LICENSED CODE, THE SOFTWARE,

OR YOUR USE THEREOF; AND

ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA,

INCLUDING LIABILITY RELATING TO ALL ROKU DEVICES LINKED TO

YOUR ROKU ACCOUNT AND THE SEPARATELY LICENSED CODE AND

THE SOFTWARE IN SUCH ROKU DEVICES, AND YOUR USE THEREOF,

SHALL NOT EXCEED THE AMOUNT SET FORTH IN THE ROKU ACCOUNT

TERMS AND CONDITIONS YOU AGREED TO FOR YOUR ROKU ACCOUNT.

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY

PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF ROKU,

ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN

WARRANTIES OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF

DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY

NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT

ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU, AND

YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION

TO JURISDICTION.

Export Controls

You agree not to download any Content or Software, nor otherwise export

or re-export any Roku Device or the Software into (or to a national or

resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country

as to which the United States or your country has embargoed goods, or

to anyone on the U.S. Treasury Department’s List of Specially Designated

Nationals or the U.S. Commerce Department’s Table of Denial Orders or on

similar restricted lists published by your government from time to time. By

using any Roku Device or the Software, you are representing and warranting

that you are not located in, under the control of, or a national or resident of

any such country or on any such list.

Choice of Law; Dispute Resolution

(A) Choice of Law. You agree that this EULA shall be governed by the laws

of the State of Delaware without regard to any conﬂict of laws principles

that may provide the application of the law of another jurisdiction; and

(B) Dispute Resolution. You and Roku agree to be bound by the procedures

set forth below to resolve any and all claims arising out of or relating to

any aspect of this EULA, whether based in contract, tort, statute, fraud,

misrepresentation or any other legal theory, including but not limited to,

claims related to the Roku Device and the Software. Each such claim is

referred to individually as “Claim” and collectively as “Claims.”

(1) Agreement to Arbitrate. YOU AND ROKU AGREE THAT, EXCEPT FOR

THE CLAIMS IDENTIFIED IN PARAGRAPH 3 OF THIS SECTION BELOW,

ANY AND ALL CLAIMS SHALL BE FINALLY SETTLED BY BINDING

ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY THE

AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE

AAA’S THEN-CURRENT CONSUMER ARBITRATION RULES, WHICH CAN

BE FOUND AT WWW.ADR.ORG OR BY CALLING 800-778-7879. AAA’S

SUPPLEMENTARY RULES FOR CLASS ARBITRATIONS SHALL NOT APPLY.

THE ARBITRATOR HAS THE AUTHORITY TO DECIDE ALL ISSUES OF

ARBITRABILITY. PLEASE BE AWARE THERE IS NO JUDGE OR JURY IN

ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE

LIMITED THAN THE RULES APPLICABLE IN COURT, AND REVIEW OF

THE ARBITRATOR’S DECISION BY A COURT IS LIMITED. YOU AND ROKU

FURTHER AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST

THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF

OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE

ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE

OR JOIN MORE THAN ONE PERSON’S CLAIM AND MAY NOT PRESIDE

OVER ANY CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING.

ALSO, TO THE EXTENT RESTRICTIONS ON THE ARBITRATOR’S AWARD

ARE PERMITTED BY APPLICABLE LAW, THE ARBITRATOR MAY AWARD

RELIEF (INCLUDING MONETARY, INJUNCTIVE OR DECLARATORY

RELIEF) ONLY ON AN INDIVIDUAL BASIS AND MAY NOT AWARD

ANY FORM OF CONSOLIDATED, REPRESENTATIVE OR CLASS-WIDE

RELIEF. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO

THE CONTRARY, IF THE CLASS-ACTION WAIVER IN THIS PROVISION

IS DEEMED INVALID OR UNENFORCEABLE, OR IF AN ARBITRATION IS

ALLOWED TO PROCEED ON A CLASS BASIS, THEN NEITHER YOU NOR

ROKU ARE ENTITLED TO ARBITRATE THE CLAIMS. THIS ARBITRATION

PROVISION IS SUBJECT TO THE FEDERAL ARBITRATION ACT. SUBJECT

TO PARAGRAPH 6 OF THIS SECTION BELOW, THE ARBITRATOR’S

AWARD SHALL BE BINDING ON YOU AND ROKU, AND MAY BE ENTERED

IN ANY COURT OF COMPETENT JURISDICTION.

(2) Fees and Costs. Information on AAA and how arbitration is initiated can

be found at www.adr.org or by calling 800-778-7879. For Claims of $75,000

or less, you will be responsible for the initial arbitration ﬁling fee, up to the

amount of the initial ﬁling fee if you were to initiate a lawsuit against Roku

based on such Claims in court. If the arbitrator ﬁnds such Claims to be non-

frivolous, Roku will pay any dierence in such ﬁling fees plus the arbitrator

fees. For Claims in excess of $75,000, if you are able to demonstrate that the

costs of arbitration will be prohibitive as compared to the costs of litigation,

Roku will pay as much of your actual ﬁling fees and the arbitrator fees for

the arbitration as the arbitrator deems necessary to prevent the arbitration

from being cost-prohibitive as compared to the cost of litigation.

In addition to the foregoing, if the arbitrator issues you an award based on

the merits of your Claim that is greater than the value of Roku’s last written

settlement oer made before an arbitrator was selected (or Roku did not

make a settlement oer before an arbitrator was selected), then Roku will

pay you the amount of the award or $10,000, whichever is greater.

(3) Exclusions. This agreement to arbitrate does not apply to any Claim

(a) in which a party is attempting to protect its intellectual property rights

(such as its patent, copyright, trademark, trade secret, or moral rights, but

not including its privacy or publicity rights), or (b) that is properly brought

in small-claims court.

(4) Jurisdiction. If the agreement to arbitrate in this provision is found to

be invalid, unenforceable or inapplicable to a given Claim, then any and all

proceedings to resolve such Claim must be brought exclusively in a federal

court of competent jurisdiction in the Northern District of California or in a

state court in Santa Clara County, California. You hereby irrevocably consent

to the exclusive jurisdiction and venue of such courts.

(5) Appeal. Any award issued by an arbitrator pursuant to this agreement

shall be ﬁnal and binding on all parties, except (1) for judicial review

expressly permitted by law; or (2) if the arbitrator’s award includes an award

of injunctive relief against a party, in which case the enjoined party shall

have the right to seek judicial review of the injunctive relief in a court of

competent jurisdiction that shall not be bound by the arbitrator’s application

or conclusions of law.

(6) 30-Day Right to Opt Out. You have the right to opt out of this

agreement to arbitrate by sending a written notice of your decision to opt

out to the following address: Legal Department, Roku, Inc., 150 Winchester

Circle, Los Gatos CA 95032, USA; provided that, such notice must be

postmarked on or before the 30th day after the date you create your

Roku Account if you do not already have one. If you have an existing Roku

Account, all Roku Devices you choose to link to your Roku Account or pair

to a Roku Device, and all Roku Services accessed using these products, will

be subject to this agreement to arbitrate. Your notice should include your full

name, your current postal address, telephone number and email address, the

product name and serial number for your Roku Device, and a copy of the

original proof of purchase for your Roku Device. If you timely send a notice

in compliance with this paragraph 6, the agreement to arbitrate will not

apply to either you or Roku. If you do not timely send this notice, then you

agree to be bound by this agreement to arbitrate.

(7) Changes. Notwithstanding any provision in this EULA to the contrary,

you agree that, if Roku seeks to delete or materially modify the agreement

to arbitrate described herein, any such deletion or modiﬁcation will not

apply to any individual Claim of which you have notiﬁed Roku prior to such

modiﬁcation.

Miscellaneous

Roku may transfer its rights and obligations under this EULA to another

organization. You may only transfer your rights or your obligations under

this EULA to another person if Roku agrees in writing. This EULA is between

you and Roku. No other person shall have any rights to enforce these terms.

Each of the paragraphs of this EULA operates separately. If any court or

relevant authority decides that any of them are unlawful, the remaining

paragraphs will remain in full force and eect. If Roku fails to insist that

you perform any of your obligations under this EULA, or if Roku does not

enforce its rights against you, or if Roku delays in doing so, that will not

mean that Roku has waived its rights against you, or that you do not have

to comply with those obligations. If Roku does waive a default by you, Roku

will only do so in writing, but that will not mean that Roku will automatically

waive any later default by you.

4100000551_1