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TiVo Plus Service Agreement
10
PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY
RIGHTS. Because some jurisdictions do not permit the exclusion of
implied warranties, the last sentence of this section may not apply to
you.
21. Limitations of TiVo’s Liability. IN NO EVENT WILL TIVO OR
ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFITS, USE OF USER INFORMATION,
LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER
INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL
DAMAGES OF ANY NATURE ARISING FROM OR RELATING
TO YOUR USE OF THE TIVO PLUS SERVICE OR USE OF THE
TIVO PLUS SERVICE THROUGH YOUR ACCOUNT BY
ANYONE ELSE, EVEN IF TIVO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TIVO'S
TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE
WHO USES THE TIVO PLUS SERVICE THROUGH YOUR
ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY
THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT
YOU PAID TO TIVO IN THE PRECEDING TWELVE MONTHS.
YOU UNDERSTAND THAT THESE LIMITATIONS OF TIVO’S
AND TIVO'S 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
22. 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 Plus
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 9 (“Subscription Fees”), 10 (“Telephone Access and
Possible Charges”), 11 (“Payment Authorization”), 12 (“Using the
TiVo Plus Service”), 17 (“Title to Software and Intellectual
Property”), 18 (“Open Source Software”), 19 (“Indemnity”), 20
(“Warranty Disclaimer”), 21 (“Limitations of TiVo’s Liability”), and
22 (“Miscellaneous”) shall survive any termination or expiration of
this Agreement.
BY USING THE TIVO PLUS 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 Plus Service Agreement v20030522A