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

Copy Protection, Privacy, and the TiVo Service

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 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).

14Termination of Service. Subject to any Service Commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the TiVo service, at any time and for any reason or no reason, by contacting TiVo Customer Support at 1-877-367-8486. The TiVo service will be terminated within 24 hours after your call and unused subscription fees are nonrefundable. If you terminate your account or this Agreement before meeting any applicable Service Commitment, TiVo reserves the right to charge you the early termination fee agreed to by you at the time you subscribed to the TiVo service. Notwithstanding anything to the contrary in this Agreement, TiVo retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in Section 8 (“Subscription Fees and Service Commitment”) and Section 10 (“Payment Authorization”) are refused for any reason, if you breach any provision in this Agreement, if you misuse the TiVo service, and/or if you alter your TiVo DVR or use the TiVo service or software 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,

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you will remain obligated to pay all outstanding fees and charges relating to your use of the TiVo service before termination.

OWNERSHIP, OPEN SOURCE SOFTWARE, DISCLAIMERS AND LIABILITY LIMITATIONS

15Title to Software and Intellectual Property. You may need to use certain software programs in your TiVo DVR to use or have full access to certain features of the TiVo service. You received certain software in your TiVo DVR at the time of purchase and other software programs may be delivered to your TiVo DVR by TiVo from time to time, which you are obligated to accept. You may use such software solely in executable code form and solely in conjunction your TiVo DVR. Your use of such software is subject to the terms of this Agreement. TiVo retains title to and ownership of all the software for the TiVo DVR 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 the software of the TiVo DVR is strictly prohibited, except as expressly set forth in Section 16 (“Open Source Software”). If you install the TiVo Desktop application on your home computer, ownership and the other terms of such use are governed by the applicable end user license agreement to which you must agree prior to installation.

16Open Source Software. Certain components of the software for the TiVo DVR are subject to the GNU General Public License Version 2, or other so-called open source licenses (“Open-Source Software”). Open Source Software is not subject to the restrictions Section 15 (“Title to Software and Intellectual Property”), and is subject to the GNU General Public License Version 2 (“GPLv2”) 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