Roku Products Terms of Use

Roku · agreement dated October 17, 2020 · Official agreement

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6 of 32 cards in Content & IP Rights

Content & IP Rights · Context

Some software is licensed separately from these terms

Part of the software is outside this document's licence: some software is subject to separate license terms, and the right to access and use it is governed by the terms of the separately licensed code list, which the document links rather than reproduces. The carve-out is described without naming any component.

Details
What it covers
Some software
Condition
subject to separate license terms

Supporting quotations

Some software is subject to separate license terms and the right to access and use of that software is governed by the terms of the

Qualifications & exceptions

  • The carve-out covers only software the document calls separately licensed; it does not identify which components or features those are.

Not stated here

  • Which components are separately licensed and what those licences permit is not stated in this source.

Cross-references

Also annotated in the same passage (2)

Content & IP Rights · Restriction or exception

Copying, modifying or distributing the software is prohibited

The first prohibited act covers copying, modifying, adapting, distributing, translating and creating derivative works of the software. Only one escape is stated: whatever the terms governing separately licensed code permit, so an identical act can be allowed for a separately licensed component and prohibited for the rest.

Details
What it does
copy, modify, adapt, distribute, translate, or create derivative works
What it covers
the software
Exception
except as may be permitted by the terms governing any separately licensed code

Supporting quotations

copy, modify, adapt, distribute, translate, or create derivative works of the software (except as may be permitted by the terms governing any separately licensed code);

Qualifications & exceptions

  • The sole exception is permission from the terms governing separately licensed code, not a general user-side allowance.

Cross-references

Content & IP Rights · Restriction or exception

Reverse engineering is barred except for narrow interoperability

Decompiling, disassembling, reverse engineering or otherwise trying to derive the source code of the software is prohibited. The exception is cumulative rather than single: it applies only where applicable law does not allow the prohibition, only where the act is essential to achieve interoperability with other software, only when done for that interoperability, and it forbids disclosing the result or using it to create similar software.

Details
What it does
decompile, disassemble, reverse engineer or otherwise try to derive the source code
Exception
except to the extent such actions cannot be prohibited under applicable law
Condition
only if it is essential to achieve inter-operability with other software
Why
is not disclosed or used to create any similar software

Supporting quotations

decompile, disassemble, reverse engineer or otherwise try to derive the source code of the software (except to the extent such actions cannot be prohibited under applicable law and then, only if it is essential to achieve inter-operability with other software, is done only to achieve such inter-operability, and is not disclosed or used to create any similar software);

Qualifications & exceptions

  • Every limb must hold together: applicable-law permission, essentiality, interoperability-only use and non-disclosure.
  • The exception also bars using any derived result to create any similar software.
  • The prohibition extends to attempting to derive source code by other means, not only the three named techniques.

Content & IP Rights · Restriction or exception

The software cannot be sold or transferred apart from the device

Roku software may not be sold or transferred separately from the device, which keeps distribution tied to the hardware. The document does not address transferring a device together with its installed software, so only separation is covered.

Details
What it does
sell or transfer
What it covers
the Roku software apart from the device

Supporting quotations

sell or transfer the Roku software apart from the device; or

Qualifications & exceptions

  • The bar is on separating software from device, not on transferring the device together with its software.

Content & IP Rights · Restriction or exception

Content copying is prohibited and DRM may be used to enforce it

Copying or redistributing certain content is described as strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict copying or redistribution - with the user agreeing not to try to circumvent or avoid them. The same paragraph therefore licenses protective technology while binding the user against defeating it.

Details
What it does
Copying or redistribution
What it covers
certain content
Who
we (Roku) using digital rights management or other technologies
Condition
which you agree not to try to circumvent or avoid

Supporting quotations

Copying or redistribution of certain content is strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict any copying or re-distributing of any content, which you agree not to try to circumvent or avoid.

Qualifications & exceptions

  • 'certain content' narrows the copying prohibition, and the document does not say which content.
  • DRM use is permissive ('may be used'), while the user's undertaking not to circumvent is stated unconditionally.
Also annotated in the same passage (2)

Content & IP Rights · Restriction or exception

Roku software stays proprietary and its notices must stay intact

Roku states three things about ownership: the software is proprietary to Roku and/or its licensors and protected by copyright, trademark and other laws of the United States and other countries; every right not expressly granted in these terms is reserved to Roku or the applicable licensors; and users may not remove, alter or obscure copyright, trademark, service mark or other proprietary notices. The notice duty reaches notices in or accompanying the product as well as notices coming from content delivered through it.

Details
What it covers
Roku software
Who
Roku (and/or its licensors)
Exception
Any rights not expressly granted to you in these terms are reserved
What it does
You may not remove, alter, or obscure
What it covers
any copyright, trademark, service mark or other proprietary rights notices

Supporting quotations

Roku software is proprietary to Roku (and/or its licensors) and protected by copyright, trademark, and other laws of the United States and other countries.
Any rights not expressly granted to you in these terms are reserved by Roku (or its applicable licensors).
You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying your Roku product or from any content provided via the Roku product.

Qualifications & exceptions

  • Ownership is stated for Roku 'and/or its licensors', so licensors may hold parts of it.
  • Protection is claimed under copyright, trademark and other laws of the United States and other countries.
  • The reservation covers only rights not expressly granted in these terms.
  • The notice prohibition covers removing, altering and obscuring, and extends to content provided via the product.