you agree that TiVo may tune your TiVo DVR to a particular channel at a particular time.

14.Definition of Product Lifetime Subscription. A “Product Lifetime Subscription” to the TiVo Plus service covers the life of the TiVo DVR you buy — not the life of the subscriber. The Product Lifetime Subscription accompanies the TiVo DVR in case of ownership transfer. The subscription remains in effect if the TiVo DVR needs to be repaired or replaced due to a malfunction (see manufacturer or retailer warranty details) or even if you upgrade your TiVo DVR to increase storage capacity (though such upgrades, if not performed by a TiVo-authorized third party, will void the warranty on your TiVo DVR and constitute a breach of this Agreement). Because a Product Lifetime Subscription is linked to a particular TiVo DVR, you may not transfer it to any other TiVo DVR unless all the following conditions apply: (a) the TiVo DVR is being replaced pursuant to the 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 Plus 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).

15.Termination of Service. You may terminate your account, this Agreement, and your right to use the TiVo Plus service, at any time and for any reason or no reason, by contacting TiVo Customer Service at 1-877-367-8486. The TiVo Plus 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

T i V o P l u s S e r v i c e A g r e e m e n t

or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in Section 9 (“Subscription Fees”) and Section 11 (“Payment Authorization”) are refused for any reason, if you breach any provision in this Agreement, if you misuse the TiVo Plus service, and/or if you alter your TiVo DVR or use the TiVo Plus 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 Plus service before termination.

16.The TiVo Basic Service. Your TiVo DVR may be eligible to receive the TiVo Basic service. If your TiVo DVR is eligible to receive the TiVo Basic service and you choose to terminate your TiVo Plus service, this Agreement shall terminate immediately upon such termination and the terms and conditions of the TiVo Basic service agreement shall apply. NOTE: Your TiVo DVR may not be eligible to receive the TiVo Basic service, in which case Section 15 (“Termination of Service”) and not this section, applies to you. Consult your User’s Guide to determine if your TiVo DVR is eligible to receive the TiVo Basic service.

Ownership, Open Source Software, Disclaimers and Liability Limitations

17.Title 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 Plus service. You received certain software with

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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

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