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TiVo Plus Service Agreement
10
you agree that TiVo may tune your TiVo DVR to a particular
channel at a particular time.
14.
Definition of Product Lifetime Subscription. A “Product
Lifetime Subscription” to the TiVo Plus service covers the life of the
TiVo DVR you buy — not the life of the subscriber. The Product
Lifetime Subscription accompanies the TiVo DVR in case of
ownership transfer. The subscription remains in effect if the TiVo
DVR needs to be repaired or replaced due to a malfunction (see
manufacturer or retailer warranty details) or even if you upgrade your
TiVo DVR to increase storage capacity (though such upgrades, if not
performed by a TiVo-authorized third party, will void the warranty
on your TiVo DVR and constitute a breach of this Agreement).
Because a Product Lifetime Subscription is linked to a 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 Plus 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).
15.
Termination of Service. You may terminate your account, this
Agreement, and your right to use the TiVo Plus service, at any time
and for any reason or no reason, by contacting TiVo Customer
Service at 1-877-367-8486. The TiVo Plus 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 9
(“Subscription Fees”) and Section 11 (“Payment Authorization”) are
refused for any reason, if you breach any provision in this
Agreement, if you misuse the TiVo Plus service, and/or if you alter
your TiVo DVR or use the TiVo Plus 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 Plus
service before termination.
16.
The TiVo Basic Service. Your TiVo DVR may be eligible to
receive the TiVo Basic service. If your TiVo DVR is eligible to
receive the TiVo Basic service and you choose to terminate your
TiVo Plus service, this Agreement shall terminate immediately upon
such termination and the terms and conditions of the TiVo Basic
service agreement shall apply.
NOTE: Your TiVo DVR may not be
eligible to receive the TiVo Basic service, in which case Section 15
(“Termination of Service”) and not this section, applies to you.
Consult your User’s Guide to determine if your TiVo DVR is
eligible to receive the TiVo Basic service.
Ownership, Open Source Software, Disclaimers and
Liability Limitations
17. 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 Plus 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