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C h a p t e r 9 P r i v a c y , S e r v i c e , W a r r a n t y , a n d L i c e n s e s

3.3Access to PC-based Media. Access to PC-based media via your TiVo is enabled through the TiVo Desktop application that is available at www.tivo.com/desktop.

The TiVo Desktop application itself does not contain any security mechanisms. If your home network has Internet access but does not include a firewall, information on your home network can be easily seen by anyone on the Internet. Most firewall products stop all traffic originating from the Internet, protecting your systems from malicious network attacks or curious browsers interested in the files you have on your computer. A firewall can be installed to protect an individual computer or to protect a whole home network. Because the TiVo Desktop application makes media you publish to your DVR available on your home network, TiVo recommends that you install a firewall that protects your home network. If your network does not include a firewall, Internet users may be able to access media on your network or even information on your computer, such as personal financial data. TiVo strongly suggests you take steps to protect your home network from unwanted intruders. Routers and home gateways, available at most electronics stores, may include a firewall meant to protect your home network.

Some third-party PC-based applications may also enable access to PC-based media through your TiVo. Such applications may or may not include built-in security mechanisms. TiVo is not responsible for and does not warrant the use, behavior, or performance of such applications.

Network-enabled features are intended solely to enable you to access media that resides on your home computer for personal, noncommercial use. The feature is not intended to be used for listening to or viewing music, photographs, video, or other media from third party sources including, but not limited to, Internet streaming, webcasting, peer-to-peer or any other form of

transmission of content. Viewing or listening to media from third party sources could subject your DVR and/or home computer to harm and may infringe the copyrights of third parties.

3.4Note About Privacy and TiVo Desktop Application. Please review TiVo's Privacy Policy located at www.tivo.com/privacy, which is incorporated herein by reference. Unless you have changed your privacy preferences, when you use the features enabled by the TiVo Desktop application, TiVo collects anonymous information about the use of these features, but that does not identify you as an individual or household. This anonymous information is treated the same as Anonymous Viewing Information under TiVo’s Privacy Policy. In other words, there is no personally identifiable information associated with this data that could identify the data as coming from you or your household.

4We Don’t Control Third-Party Content! The TiVo service gives you the ability to access audio, video, and other media over which TiVo exercises no editorial or programming control (“Third Party Content”). You understand that: (a) TiVo does not guarantee the access to or the ability to record, display, or transfer any particular program; (b) programming is not under TiVo’s control; (c) programming providers may restrict or limit the ability to record, display, view or transfer particular programs by using a variety of copy protection mechanisms; (d) content providers may restrict or revoke access to their content at any time; (e) TiVo is not responsible for and has no editorial control over any Third Party Content; and (f) TiVo has no control over the distribution of such content. You agree that TiVo will have no liability to you, or anyone else who uses your account and TiVo DVR, with regard to any Third Party Content.

5Third Party Content Is Copyrighted. You also understand that the Third Party Content is the copyrighted material of the third party

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