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TiVo Basic Service Agreement
10
INCORPORATED BY REFERENCE. ANY REFERENCE TO
“TIVO PLUS” IN SUCH SECTIONS IS REPLACED WITH “TIVO
BASIC” FOR PURPOSES OF THIS AGREEMENT. THESE ARE
MATERIAL PROVISIONS AFFECTING YOUR RIGHTS.
7. Using the TiVo Basic Service. You may access and use the TiVo
Basic service only with a TiVo DVR that is authorized to receive the
TiVo Basic service and you agree not to tamper with or otherwise
modify your TiVo DVR. The TiVo Basic service is provided for your
personal, non- commercial use, and may not be resold, in whole or in
part. You may not transfer the TiVo Basic service to another DVR.
By using the TiVo Basic service, you agree to receive all software
updates and upgrades that TiVo sends to your TiVo DVR. If your
TiVo DVR accesses the TiVo Basic service, you acknowledge and
agree that you are a user of the TiVo Basic service and are bound by
the terms of this Agreement.
8.
Termination of Service. Notwithstanding anything to the contrary
in this Agreement, TiVo retains the absolute right to immediately
suspend or terminate your use of the TiVo Basic service, and
terminate this Agreement, if you breach any provision in this
Agreement, if you misuse the TiVo Basic service, and/or if you alter
your TiVo DVR or use the TiVo Basic 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 use of
the TiVo Basic service and this Agreement for any other reason or no
reason if TiVo gives you at least 30 days advance notice of such
termination.
9.
The TiVo Plus Service. If you choose to activate the TiVo Plus
service, this Agreement shall terminate immediately upon such
activation and the terms and conditions of the TiVo Plus service
agreement shall apply.
Ownership, Open Source Software, Disclaimers and
Liability Limitations
10. NOTE: THE PROVISIONS OF SECTIONS 17, 18, 19, 20 AND 21
OF THE TIVO PLUS SERVICE AGREEMENT ARE PART OF
THIS AGREEMENT AND ARE HEREBY EXPRESSLY
INCORPORATED BY REFERENCE. ANY REFERENCE TO
“TIVO PLUS” IN SUCH SECTIONS IS REPLACED WITH “TIVO
BASIC” FOR PURPOSES OF THIS AGREEMENT. WITH
RESPECT TO INCORPORATED SECTION 21, “THE
AGGREGATE AMOUNT YOU PAID TO TIVO IN THE
PRECEDING TWELVE MONTHS” IS REPLACED BY “THE
AGGREGATE AMOUNT OF FIFTY DOLLARS (US$50.00)”.
THESE ARE MATERIAL PROVISIONS AFFECTING YOUR
RIGHTS.
General
11. 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 Basic