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service and supersedes any prior or contemporaneous written or oral statements by TiVo or its representatives or resellers. TiVo's failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of TiVo’s right to do so at any time. Sections 6 (but only with respect to incorporated Section 10), 7 (“Using the TiVo Basic Service”), 10 and 11 (“Miscellaneous”) of

TiVo Plus Service Agreement

Welcome to TiVo and the TiVo Plus service! This agreement explains the terms and conditions that will apply to your use of the TiVo Plus service and constitutes a legally binding agreement between you and TiVo Inc. (“TiVo”). By using the TiVo Plus service, you agree to all the terms and conditions in this agreement (“Agreement”).

The TiVo Plus Service and the Privacy Policy

1.Terms of Service. The TiVo logo on your Pioneer DVD Recorder with TiVo (referred to in this TiVo Plus Service Agreement as your “TiVo DVR”) means that it can receive the TiVo Plus service offered and provided by TiVo for personal, non- commercial use on a subscription basis. Your activation and continued use of the TiVo Plus service is subject to the terms and conditions of this Agreement. TiVo may at its discretion change the terms of this Agreement. Such changes shall be effective upon notification by TiVo. We encourage you to check www.tivo.com/ privacy or call us for a copy of the current TiVo Plus service agreement. If you are dissatisfied with any changes to this Agreement, you may cancel your use of the TiVo Plus service as provided in Section 15 (“Termination of Service”).

2.The TiVo Plus Service. The TiVo Plus service consists of program guide information and the following features: (a) Season Pass™ — automatically finds and records every episode of a series all season

this Agreement shall survive any termination or expiration of this Agreement.

BY USING THE TIVO BASIC SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.

TiVo Basic Service Agreement v20030522A

long; (b) WishList™ — finds and records programs that feature your favorite actor, director, team or even topic; (c) Smart Recording — automatically detects program line-up changes for your cable/ satellite provider and adjusts recording times so you don't have to worry about the details; (d) TiVo Suggestions — TiVo can be programmed to suggest and auto-record programs that may match your interests; and (e) Parental Controls-lock channels or set ratings limits based on content. Each of these features is part of the “TiVo Plus service.” The “TiVo Plus service” means these features and any additional features and functionality that TiVo may at its discretion and from time to time offer.

3.Changes to Your TiVo Plus Service. TiVo may at its discretion and from time to time change, add or remove features and functionality of the TiVo Plus service or the TiVo DVR without notice. If you are dissatisfied with any such changes to the TiVo Plus service, you may immediately cancel your use of the TiVo Plus service as provided in Section 15 (“Termination of Service”). TiVo reserves the right to discontinue one, some, or all of the features of the TiVo Plus 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,

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