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TiVo Service Agreement
9
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).
14 Termination of Service. 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.
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
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 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, 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
15 Title to Software and Intellectual Property. You may need to
use certain software programs to use or have full access to certain
features of the TiVo service. You received certain software with the
purchase of the TiVo DVR and other software programs may be
provided to you by TiVo from time to time, which you are obligated
to accept. Your use of such software is subject to the terms of this
Agreement. TiVo retains title to and ownership of all the TiVo
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 16 (“Open Source Software”).
16 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 15 (“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).