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TiVo Service Agreement
9
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 v20040608