TiVo SDOC-00091-002 manual Copy Protection, Privacy, and the TiVo Service

defeat any TiVo security measures or to use any third party applications that may bypass any TiVo security measures.

Not all programs may be transferred using the TiVoToGo feature. For example, programs that include copy protection mechanisms may not be transferred to a Personal Viewing Device using the TiVoToGo feature. Similarly, programs that may be blocked using Parental Controls may not be transferred to a Personal Viewing Device using the TiVoToGo feature. Before such programs may be transferred using the TiVoToGo feature, you must temporarily turn Parental Controls off. The TiVo Desktop application does not include Parental Controls for programs stored on your home computer. If you do not want minors to view particular programs on a Personal Viewing Device, do not transfer them using the TiVoToGo feature.

Your home computer must meet certain minimum technical requirements and you must have adequate storage space available on your home computer to use the TiVoToGo feature. Because your home computer may need available space on your home computer’s storage device to run properly and accommodate routine tasks, TiVo recommends that you carefully monitor the amount of available storage on your home computer. The programs transmitted from your TiVo DVR may require large amounts of space relative to other files on your home computer, and the TiVo Desktop application does not monitor the amount of available storage on your home computer. You agree that TiVo is not responsible for your inability to use the TiVoToGo feature or your home computer based on lack of available storage on your home computer or your home computer's failure to meet the minimum technical requirements.

3.3.4Note About Privacy and TiVo Desktop Application. Please review TiVo’s Privacy Policy located at www.tivo.com/privacy, which is incorporated herein by reference. Unless you have changed your

Copy Protection, Privacy, and the TiVo Service

privacy preferences, when you use the features enabled by the TiVo Desktop application, TiVo collects anonymous information about the use of these features, but that does not identify you as an individual or household. This anonymous information is treated the same as Anonymous Viewing Information under TiVo’s Privacy Policy. In other words, there is no personally identifiable information associated with this data that could identify the data as coming from you or your household.

4We Don't Control Third-Party Content! The TiVo service gives you the ability to access audio, video, and other media over which TiVo exercises no editorial or programming control (“Third Party Content”). You understand that: (a) TiVo does not guarantee the access to or the ability to record, display, or transfer any particular program; (b) programming is not under TiVo’s control; (c) programming providers may restrict or limit the ability to record, display, view or transfer particular programs by using a variety of copy protection mechanisms;

(d) content providers may restrict or revoke access to their content at any time; (e) TiVo is not responsible for and has no editorial control over any Third Party Content; and (f) TiVo has no control over the distribution of such content. You agree that TiVo will have no liability to you, or anyone else who uses your account and TiVo DVR, with regard to any Third Party Content.

5Third Party Content Is Copyrighted. You also understand that the Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. You hereby agree and declare that any and all Third Party Content accessed or transferred using the TiVo service or the TiVo Desktop application are for personal, non-

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