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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 18 (“Open Source Software”).

18.Open 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 17 (“Title to Software and Intellectual Property”), and is 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).

19.Indemnity. 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 PLUS SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE TIVO PLUS SERVICE, OR YOUR

UNAUTHORIZED MODIFICATION OR ALTERATION OF THE TIVO DVR OR RELATED SOFTWARE (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 18 (“OPEN SOURCE SOFTWARE”)).

20.Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE TIVO PLUS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIVO MAKES NO WARRANTY THAT THE TIVO PLUS SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO RECORD OR VIEW ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE TIVO PLUS 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 PLUS SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE TIVO PLUS SERVICE WILL BE CORRECTED OR THAT THE TIVO DVR OR TIVO PLUS SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, TIVO DOES NOT WARRANT THAT THE TIVO PLUS 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 PLUS SERVICE OR TIVO SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR

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