Copy Protection, Privacy, and the TiVo Service

85

CASE WILL TIVO’S TOTAL CUMULATIVE LIABILITY TO YOU
AND ANYONE WHO USES THE TIVO 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
20 Miscellaneous. This Agreement will be governed by the laws of the
State of California as such laws apply to agreements between 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 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 8 (“Subscription Fees”), 9
(“Telephone Access and Possible Charges”), 10 (“Payment
Authorization”), 11 (“Using the TiVo Service”), 15 (“"Title to Software
and Intellectual Property”), 16 (“Open Source Software”), 17
(“Indemnity”), 18 (“Warranty Disclaimer”), 19 (“Limitations of TiVo’s
Liability”), and 20 (“Miscellaneous”) shall survive any termination or
expiration of this Agreement.
BY USING THE TIVO SERVICE, I REPRESENT THAT I HAVE READ
AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO
ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
TiVo Service Agreement v20050708