Sonic Blue ReplayTV 5000 Page 75 User Manual Download

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D. Termination of Service; Your Indemnity Obligations.

Notwithstanding any term of this Agreement, ReplayTV has the absolute right to immediately

suspend or terminate your account, and terminate this Agreement, if you (a) breach any provision of this Agreement or (b) misuse the ReplayTV Service. In

addition, if ReplayTV is required to take action such as deactivating or terminating the provision of the ReplayTV Service to you to comply with applicable laws

or any compliance policy that SONICblue may adopt from time-to-time, it may do so without violating the terms of this Agreement. You further agree that you

will defend, indemnify and hold harmless ReplayTV and its affiliates from and against any and all claims, actions, suits, liabilities, losses, costs and expenses

(including reasonable attorneys’ fees) arising out of or relating to any of the actions described above that would entitle ReplayTV to terminate this Agreement.

3. DISCLAIMERS AND LIMITATIONS OF LIABILITY

A. Warranty Disclaimer.

THE REPLAYTV SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” REPLAYTV AND ITS

SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE REPLAYTV SERVICE (INCLUDING THIRD PARTY PROGRAMS),

WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANT-

ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ReplayTV makes no warranty that (a) the ReplayTV Service or its content

will meet your requirements, be uninterrupted, error-free, secure or timely; or (b) that the information obtained through the ReplayTV Service (including but not

limited to Third Party Programs) is accurate, current, complete or reliable. Some jurisdictions do not allow the disclaimer of implied warranties, so the above dis-

claimer may not apply to you. You may also have other legal rights that vary from state to state.

B. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES.

IN NO EVENT WILL REPLAYTV OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND (WHETHER FOR

LOST PROFITS, LOSS OF DATA OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE REPLAYTV SERVICE OR THIS AGREE-

MENT, EVEN IF REPLAYTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

C. LIMITATIONS OF REPLAYTV’S LIABILITY.

IN NO EVENT SHALL REPLAYTV’S AGGREGATE LIABILITY TO YOU (AND ANYONE

ELSE WHO USES THE REPLAYTV SERVICE THROUGH YOUR ACCOUNT), FOR ANY AND ALL CLAIMS ON ANY BASIS, WHETHER IN TORT,

CONTRACT OR OTHERWISE, EXCEED THE TOTAL AMOUNT YOU PAID TO REPLAYTV FOR THE REPLAYTV UNIT AND THE REPLAYTV SER-

VICE. YOU UNDERSTAND THAT THESE LIMITATIONS OF REPLAYTV’S AND REPLAYTV’S SUPPLIERS’ AND LICENSORS’ LIABILITY ARE A

FUNDAMENTAL PART OF THIS AGREEMENT, AND REPLAYTV WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATION.

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.

4. Miscellaneous

This Agreement (including referenced documents) constitutes the entire agreement regarding your use of the ReplayTV Service and supersedes any and all prior

statements, agreements or understandings with respect to the ReplayTV Service. This Agreement is governed by and will be interpreted in accordance with the

laws of the State of California without regard to its conflict of laws principles. If any provision of this Agreement is invalid, illegal or unenforceable, such provi-

sion will be deemed changed only to the extent necessary to make it valid, legal and enforceable; all other provisions of this Agreement will continue in full force

and effect. Any failure by ReplayTV to strictly enforce any provision of this Agreement will not waive ReplayTV’s right to later enforce that provision or any

subsequent default or breach of the same or a different kind.

:: Privacy Policy

Your Privacy is Important to Us

Personal television and digital video recording are radically improving the way you watch TV. You are now in charge of your own television viewing experience.
Along with that, we want you to know how important your privacy is to us.
At SONICblue(TM), we believe privacy is a right, not a privilege. In other words, you should expect us to protect your privacy, and you should never have to

worry about it. We believe that a strict and clear-cut privacy policy is a key ingredient in growing our company and the personal television industry. This Privacy