Quick Start Guide

End User License Agreement
(FOR ROKU DEVICE)
IMPORTANT: READ THIS END USER
LICENSE AGREEMENT CAREFULLY
BEFORE USING YOUR ROKU DEVICE.
ALSO REVIEW THE IMPORTANT
PRODUCT INFORMATION THAT MAY
HAVE BEEN PROVIDED WITH YOUR
ROKU DEVICE.
In particular, please note that: (1)
disputes between us will be settled by
binding arbitration and you are giving
up your right to go to court as detailed
in this End User License Agreement
(please read the “Choice of Law;
Dispute Resolution” section below
carefully to understand your rights);
and (2) your Roku Device Software
may be automatically updated.
Overview
This End User License Agreement (“EULA”) governs
your use of, as applicable: (a) Roku’s streaming device
which use the Roku platform to play Content over the
Internet, and (b) any irmware and software that Roku,
Inc. (“Roku”) has pre-installed on your device, and the
irmware and software updates Roku provides to you
(collectively, the “Software”) ((a) and (b), individually
or collectively, as the case may be, “Roku Device”).
By linking this Roku Device directly to your account
on Roku’s website (“Roku Account”), or pairing this
Roku Device with other Roku branded products that
may already be linked to your Roku Account, or by
using this Roku Device, you are agreeing to this EULA.
If you do not agree to this EULA, you do not have the
right to use the Roku Device. If you are within the
allowable time period for returns under the applicable
return policy, you may return the Roku Device to your
seller for a refund, subject to the terms of such return
policy. You should perform a factory reset before you
return it to unpair your Roku Device (as applicable) and
erase data that may be stored on the Roku Device. For
instructions on how to reset your Roku Device, please
visit: www.roku.com/support.
In this EULA, “Channel” means an application in
the Roku Channel Store; “Content” means movies,
television shows, music and other audio and visual
materials and entertainment; “Content Provider”
means any provider of Content; and “Roku Channel
Store” means the storefront of applications that may
be provided by Roku via your Roku Device’s on-screen
menu.
Changes to This EULA
Roku may amend this EULA at any time in its discretion.
Such amendments shall be eective immediately upon
posting of the amended EULA on Roku’s website or your
Roku Account, whichever occurs irst. In its option, Roku
may also notify you of the amended EULA by sending
a notice to the last email address you have provided
to Roku. You agree to provide accurate and complete
information if and when you set up your Roku Account,
and you agree to promptly update your account
information (including contact information) to keep it
accurate and complete. You can do this at any time by
signing in to your Roku Account. Following such posting
or notice by any of the methods described above,
continued use of your Roku Device or Roku Account
means you accept and agree to the amended EULA. If
you do not agree to the amended EULA, Roku may not
be able to provide updates, upgrades or enhancements
to your Roku Device, and you may not be able to
continue using your Roku Device or Roku Account.
Permitted Use and Restrictions
The Roku Device and the Software are for personal,
non-commercial use only. Copying or redistribution of
any Content delivered via the Roku Device is strictly
prohibited and we may prevent or restrict you from
copying or re-distributing any elements of the Software
or Content using digital rights management or other
technologies. The Roku Device and the Software are for
use only in those countries speciied on Roku’s website
and where Roku makes the Roku Device and Software
available via its authorized distributors. If you are using
the Roku Device and the Software outside of these
countries, the rights granted under this EULA do not
apply. Some of the Content Providers use technologies
to verify your geographic location, and you may not
be able to use the Player or the Software to access any
Content outside of the country or location authorized
by Roku or the Content Provider. Except as expressly
provided under this EULA, you do not acquire any
intellectual property or other proprietary rights in or to
the Roku Device, the Software or the Content, including
any rights in patents, inventions, improvements,
designs, trademarks, database rights or copyrights,
nor do you acquire any rights in any conidential
information or trade-secrets. All rights not expressly
granted to you in this EULA are reserved by Roku or its
applicable licensors. You may not remove, obscure,
alter or conceal any trademark, logo, copyright or other
proprietary notice in or on any Roku Device, Software
or Content.
The Software is proprietary to Roku or its third-party
licensors and may be used only with the Roku Device.
Subject to this EULA and, where appropriate, the
applicable third-party licenses, you have 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 Roku Device. This
is a license and not a sale. You may not (a) copy,
assign, sublicense, lease, sell or rent the Software, (b)
distribute or otherwise transfer the Software except
as incorporated in the Roku Device, provided that,
you do not retain any copies of the Software and the
recipient reads and agrees to this EULA (including all
amendments); (c) modify, adapt, translate, or create
derivative works of the Software (except only to the
extent any of the foregoing restriction is prohibited
by applicable law or as may be permitted by the
license terms governing any Separately Licensed
Code included with the Software); (d) decompile,
disassemble, reverse engineer or otherwise derive
source code from the Software, except to the extent
such actions cannot be prohibited under applicable law
because they are essential to achieve inter-operability
of the Software with another software program,
and provided that the information obtained by you
during such activities is (i) used only to achieve such
inter-operability; (ii) not disclosed without Roku’s
prior written consent; and (iii) not used to create any
software that is substantially similar to the Software;
(e) defeat, bypass, circumvent or interfere with any
security mechanism or access control measures, or
(f) have any of the foregoing done for you by a third
party. This license does not include the right to receive
Software upgrades or updates. Your right to use
the Roku Device and the Software will immediately
terminate upon your breach of this EULA.
Software Updates
IN ITS SOLE DISCRETION, ROKU MAY PROVIDE
UPDATES TO YOUR ROKU DEVICE VIA THE INTERNET,
INCLUDING BUG FIXES AND UPDATES, CHANGES
IN THE USER INTERFACE OR HOW YOU ACCESS
CONTENT, AND OTHER CHANGES THAT MAY ADD,
ALTER OR REMOVE FUNCTIONALITIES AND FEATURES.
YOU ACKNOWLEDGE THAT THESE UPDATES: (A) MAY
HAPPEN AUTOMATICALLY IN THE BACKGROUND 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
(C) YOU AGREE THAT THE TOTAL CUMULATIVE
LIABILITY OF ROKU, 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 conlict 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
iling fee, up to the amount of the initial iling fee if you
were to initiate a lawsuit against Roku based on such
Claims in court. If the arbitrator inds such Claims to be
non-frivolous, Roku will pay any dierence in such iling
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
iling 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 inal 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