Sony SVR-3000 - Manual (Page 114)

107
D i g i t a l V i d e o R e c o r d e r — T i V o S e r v i c e A g r e e m e n t
TERM OF THIS AGREEMENT, YOUR MISUSE OF THE TIVO
SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR
ALTERATION OF THE DVR OR RELATED SOFTWARE
(OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 15
(“OPEN SOURCE SOFTWARE”)).
17. Warranty Disclaimer. YOU UNDERSTAND AND AGREE
THAT THE TIVO SERVICE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. TIVO MAKES NO WARRANTY
THAT THE TIVO SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT USE OF THE TIVO 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 SERVICE (INCLUDING
THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE
TIVO SERVICE WILL BE CORRECTED OR THAT THE DVR
OR TIVO SERVICE WILL BE COMPATIBLE WITH ANY
OTHER SPECIFIC HARDWARE OR SERVICE. TIVO AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY,
REGARDING THE TIVO SERVICE OR TIVO SOFTWARE,
INCLUDING ANY IMPLIED WARRANTY OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. Because some jurisdictions do not permit the exclusion of
implied warranties, this disclaimer may not apply to you.
18. 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 SUBSCRIBER
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 SERVICE OR
USE OF THE TIVO 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 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.
Legal Stuff
19. 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. If any provision of this Agreement
is invalid or unenforceable under applicable law, such provision will