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.

21.Limitations 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 PLUS SERVICE OR USE OF THE TIVO PLUS 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 PLUS 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 SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit TiVo's liability in the event of TiVo’s willful or intentional misconduct. Moreover, if TiVo mistakenly or wrongfully overcharges your account, this section does not limit TiVo's obligation to refund such mistakenly or wrongfully overcharged amounts.

General

22.Miscellaneous. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between

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

California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and TiVo agree to submit to the exclusive personal jurisdiction of the courts located within the county of Santa Clara, California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. This document represents the entire agreement governing your use of the TiVo Plus 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 9 (“Subscription Fees”), 10 (“Telephone Access and Possible Charges”), 11 (“Payment Authorization”), 12 (“Using the TiVo Plus Service”), 17 (“Title to Software and Intellectual Property”), 18 (“Open Source Software”), 19 (“Indemnity”), 20 (“Warranty Disclaimer”), 21 (“Limitations of TiVo’s Liability”), and 22 (“Miscellaneous”) shall survive any termination or expiration of this Agreement.

BY USING THE TIVO PLUS SERVICE, I REPRESENT THAT I

 

HAVE READ AND UNDERSTOOD THIS ENTIRE

 

AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS

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AGREEMENT AS STATED ABOVE.

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