that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. You hereby agree and declare that any and all Third Party Content accessed using your TiVo DVR or TiVo software are for personal, non-commercial use and that the TiVo DVR or TiVo software will not be used for Third Party Content to be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights. TiVo reserves the right to terminate the accounts of users of any TiVo software who infringe the copyrights of others.

6Changes to Your TiVo Service. TiVo may at its discretion and from time to time change, add, or remove features and functionality of the TiVo service or the TiVo DVR without notice. If you are dissatisfied with any such changes to the TiVo service, you may immediately cancel your use of the TiVo service as provided in Section 14 (“Termination of Service”). TiVo reserves the right to discontinue one, some, or all of the features of the TiVo service you receive at any time at its discretion. TiVo may at its discretion discontinue the provision of software updates to certain TiVo DVRs. This means that while other TiVo DVRs may receive continued software updates and functionality; TiVo is not required to provide such updates to your TiVo DVR. Additionally, the level of service TiVo provides may not be the same on each TiVo DVR; a given TiVo DVR may support different features and functionality, and TiVo is

T i V o S e r v i c e A g r e e m e n t

under no obligation to provide all features and functionality to your TiVo DVR.

ACTIVATING AND USING THE TIVO SERVICE

7 Eligible Subscribers. You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the TiVo service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor's use of the TiVo service.

8 Subscription Fees. You agree to pay your subscription fee in advance. Your subscription fee will cover the TiVo service received via a TiVo DVR authorized by TiVo to enable the TiVo service. You have a choice of subscription payment options that may change over time. You may switch payment options at the end of each period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you are signing up for the TiVo service under a promotional subscription fee, some additional restrictions may apply. If you have multiple TiVo service subscriptions under the same account information, additional terms and conditions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the TiVo service.

9 Telephone Access and Possible Charges. The TiVo service is

9

accessed through a standard telephone line and is available as a local

call in most areas. In some areas, local and long- distance toll charges may apply. The TiVo service may also be available through the Internet with a broadband connection. However, TiVo does not make any assurances about the availability or functionality of the TiVo service over a broadband connection. Firewall protection is strongly advised for any broadband Internet connections to protect your TiVo DVR from viruses and other harmful things. You are responsible for

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