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Sony SVR-3000 User Manual

Page 113

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P r i v a c y a n d S e r v i c e

106

C h a p t e r 7

13.

Termination of Service.

You may terminate your account, this

Agreement, and your right to use the TiVo Service, at any time and
for any reason or no reason, by contacting TiVo Customer Service
toll-free at 1-877-367-8486. 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 7 (“Subscription Fees”) and Section 9 (“Payment
Authorization”) are refused for any reason, if you breach any
provision in this Agreement, if you misuse the TiVo Service, and/or
if you alter the DVR or use the TiVo 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 if TiVo gives you at least 30
days advance notice. 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 Service before termination. Unused
subscription fees are nonrefundable.

Ownership, Open Source Software, Disclaimers and
Liability Limitations

14.

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 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
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 DVR or
software of this system is strictly prohibited, except as expressly set
forth in Section 15 (“Open Source Software”).

15.

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 14 (“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/linux. 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
your user documentation or at www.gnu.org/copyleft/gpl.html).

16.

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 SERVICE,
RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY