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manufacturer's or retailer's warranty; and (b) the TiVo DVR being replaced is of the same make and model as the replacement TiVo DVR; and (c) you provide us with a proof of replacement by the manufacturer or retailer. TiVo reserves the right to charge you a fee to transfer Product Lifetime Service from a TiVo DVR being replaced to a replacement TiVo DVR. Each TiVo DVR purchased requires its own TiVo service subscription and activation. Of course, hardware products don’t last forever and their lifespan will vary. TiVo makes no warranties or representations as to the expected lifetime of the TiVo DVR (aside from the manufacturer’s or retailer’s warranty).

14Termination of Service. You may terminate your account, this Agreement, and your right to use the TiVo service, at any time and for any reason or no reason, by contacting TiVo Customer Support at 1-877-367-8486. The TiVo service will be terminated within 24 hours after your call and unused subscription fees are nonrefundable. Notwithstanding anything to the contrary in this Agreement, TiVo retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in Section 8 (“Subscription Fees”) and Section 10 (“Payment Authorization”) are refused for any reason, if you breach any provision in this Agreement, if you misuse the TiVo service, and/or if you alter your TiVo DVR or use the TiVo service in such a manner as to infringe upon the intellectual property rights of TiVo or any third party. In addition, TiVo reserves the right to terminate your account and this Agreement for any other reason or no reason if TiVo gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the TiVo service before termination.

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

OWNERSHIP, OPEN SOURCE SOFTWARE, DISCLAIMERS AND LIABILITY LIMITATIONS

15Title to Software and Intellectual Property. You may need to use certain software programs to use or have full access to certain features of the TiVo service. You received certain software with the purchase of the TiVo DVR and other software programs may be provided to you by TiVo from time to time, which you are obligated to accept. Your use of such software is subject to the terms of this Agreement. TiVo retains title to and ownership of all the TiVo software and certain intellectual property rights in the TiVo DVR. TiVo also retains ownership of all TiVo copyrights and trademarks. In the case of third party software delivered by TiVo to the TiVo DVR, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the TiVo DVR or software of this system is strictly prohibited, except as expressly set forth in Section 16 (“Open Source Software”).

16Open Source Software. Certain components of the TiVo software

are subject to the GNU General Public License or other so-called open source licenses (“Open-Source Software”). Open Source Software is not subject to the restrictions in the last sentence of

Section 15 (“Title to Software and Intellectual Property”), and is 9 subject to the GNU General Public License (“GPL”) or other license

terms, as applicable. In compliance with the terms of the GPL, TiVo makes its modifications to Open Source Software that TiVo uses, modifies and distributes pursuant to the GPL available to the public in source code form at www.tivo.com/source. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available in the product manual or at www.gnu.org/copyleft/gpl.html).

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