The LG Nano 9 Series 8K 75 inch Class Smart UHD NanoCell TV w/ AI ThinQ® (74.5'' Diag), Model # 75SM9970PUA comes pre-installed with Smart TV software (“Software”), provided to you by LG Electronics Inc. and its family of companies(together, “LGE,” “we,” “us,” or “our”). By accessing or using the Software, you confirm that you accept the Legal Notice and that you agree to comply with the terms within. If you do not agree to these terms, you may not access or use the Software. The Software is proprietary to and owned by LGE. We grant you a non-exclusive, non-transferrable (except where you dispose of your LG Smart TV to a third party) license to use the Software solely to the extent necessary for you to use your LG Smart TV and for no other purpose. You acknowledge that all ownership rights in the Software anywhere in the world belong exclusively to us and that no ownership rights in the Software are transferred to you. You are only entitled to the limited use of the Software as is granted in this Legal Notice. You acknowledge that the Software has not been developed to meet your individual requirements. We make no promises or guarantees that the Software is free from bugs or errors or that it will always be available. So far as we are legally able to do so, we exclude any warranties, conditions or other terms which may be implied into these license terms by law. Some components of the Software are provided under Open-Source License terms. You can refer to the link at http://opensource.lge.com to view the detailed information. The Software is provided for the personal enjoyment of individuals or groups in possession of an LG Smart TV, whether within a domestic or commercial premises (for example a bar or hotel) and may only be used in accordance with this Legal Notice. You agree not to:
• Modify, copy, reproduce, rebroadcast, or retransmit any content that you may access through your use of the Software, except as authorized by applicable law;
• Disassemble, reverse engineer, or otherwise decompile your LG Smart TV, the Software, and/or any applications, upgrades, or updates made available to you through the Software or installed on your LG Smart TV, except as authorized by applicable law or this Legal Notice;
• Otherwise use the Software in any way or for any purpose that may infringe the intellectual property rights of any third party;
• Knowingly introduce viruses, Trojans, worms, or other technologically harmful materials to the Software;
• Access or use the Software for any unlawful purpose; or
• Act in contravention of any license made available with your LG Smart TV.
You are responsible for ensuring that all persons who access the Software through your LG Smart TV are aware of this Legal Notice and other applicable terms and conditions, and that they comply with them.
This Legal Notice is effective until terminated. We reserve the right to terminate this Legal Notice at any time if;
• You are in breach of this Legal Notice; or
• You have clearly expressed or demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with this Legal Notice.
5. Limitation of Our Liability
THE SOFTWARE IS PROVIDED “AS IS.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND ANY CONTENT MADE AVAILABLE IS ENTIRELY AT YOUR OWN RISK AND WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN ANY APPLICABLE PRODUCT WARRANTY DOCUMENTATION, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
• ANY USE YOU CHOOSE TO MAKE OF THE SOFTWARE;
• YOUR USE OF OR RELIANCE ON ANY CONTENT THAT YOU ACCESS THROUGH USE OF THE SOFTWARE;
• ANY FAILURE BY YOU TO COMPLY WITH THIS LEGAL NOTICE OR WITH ANY OTHER APPLICABLE TERMS; OR
• ANY LOSS OF DATA FROM OR DAMAGE TO YOUR LG SMART TV.
TO THE EXTENT THAT YOU CHOOSE TO USE THE SOFTWARE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, WE DO NOT ACCEPT ANY RESPONSIBILITY TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY THAT YOU MAY SUFFER IN CONNECTION WITH SUCH USE OF THE SOFTWARE.
FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY OF LGE AND OUR SUBSIDIARIES, WHICH REFERS TO COMPANIES AFFILIATED WITH LGE BY COMMON OWNERSHIP OR CONTROL, TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR YOUR LG SMART TV.
Nothing in this Legal Notice excludes or limits:
• Your legal rights as a consumer; or
• Our liability for death or personal injury arising from our negligence, for fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded applicable law.
6. Choice of Law
This Legal Notice is governed by the laws of the country where your LG Smart TV is sold and both you and LGE agree to submit to the exclusive jurisdiction of the courts of the country where your LG Smart TV is sold in connection with the same.
If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
If any part of this Legal Notice is found to be illegal, invalid, or otherwise unenforceable by a court, arbitrator, or regulator, then, where required, that part shall be deleted and the remaining parts of this Legal Notice will continue to be enforceable.
Date published: 2019-10-09