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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

17Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TIVO FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST TIVO OR THE TIVO SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE TIVO SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE TIVO DVR OR RELATED SOFTWARE (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 16 (“OPEN SOURCE SOFTWARE”)).

18Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE TIVO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIVO MAKES NO WARRANTY THAT THE TIVO SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO RECORD OR VIEW ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE TIVO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES TIVO MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TIVO SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE TIVO SERVICE WILL BE CORRECTED OR THAT THE TIVO DVR OR TIVO SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, TIVO DOES NOT WARRANT THAT THE TIVO SERVICE OR THE TIVO SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR

OTHER HARMFUL COMPONENTS. YOU (AND NOT TIVO) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. TIVO ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR TIVO DVR, TIVO SOFTWARE, OR OTHER HARDWARE. TIVO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE TIVO SERVICE OR TIVO SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.

19Limitations of TiVo’s Liability. IN NO EVENT WILL TIVO OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE TIVO SERVICE OR USE OF THE TIVO SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TIVO'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE TIVO SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO TIVO IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF TIVO’S AND TIVO'S

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