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Chapter 10
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 18 (“Open Source Software”).
18.
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 17 (“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).
19.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND
HOLD HARMLESS TIVO FROM AND AGAINST ANY AND
ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES,
LOSSES, COSTS AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT
LIMITED TO, CLAIMS ALLEGING NEGLIGENCE,
COPYRIGHT INFRINGEMENT AND/OR TRADEMARK
INFRINGEMENT AGAINST TIVO OR THE TIVO PLUS
SERVICE, RELATING TO OR ARISING OUT OF YOUR
BREACH OF ANY TERM OF THIS AGREEMENT, YOUR
MISUSE OF THE TIVO PLUS SERVICE, OR YOUR
UNAUTHORIZED MODIFICATION OR ALTERATION OF THE
TIVO DVR OR RELATED SOFTWARE (OTHER THAN AS
EXPRESSLY SET FORTH IN SECTION 18 (“OPEN SOURCE
SOFTWARE”)).
20.
Warranty Disclaimer. YOU UNDERSTAND AND AGREE
THAT THE TIVO PLUS SERVICE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. TIVO MAKES NO
WARRANTY THAT THE TIVO PLUS SERVICE WILL MEET
YOUR REQUIREMENTS, ALLOW YOU TO RECORD OR VIEW
ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE
TIVO PLUS SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; NOR DOES TIVO MAKE ANY
WARRANTY AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE TIVO PLUS
SERVICE (INCLUDING THIRD PARTY CONTENT), THAT
ANY DEFECTS IN THE TIVO PLUS SERVICE WILL BE
CORRECTED OR THAT THE TIVO DVR OR TIVO PLUS
SERVICE WILL BE COMPATIBLE WITH ANY OTHER
SPECIFIC HARDWARE OR SERVICE. FURTHER, TIVO DOES
NOT WARRANT THAT THE TIVO PLUS SERVICE OR THE
TIVO SERVERS THAT PROVIDE YOU WITH DATA AND
CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU (AND NOT TIVO) ASSUME THE ENTIRE
COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION. TIVO ALSO ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR TIVO DVR, TIVO
SOFTWARE, OR OTHER HARDWARE. TIVO AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY,
REGARDING THE TIVO PLUS SERVICE OR TIVO
SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR