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for any reason or no reason, by contacting DIRECTV and TiVo
Customer Service toll-free at 1-800-DIRECTV (1-800-347-
3288). TiVo may immediately suspend or terminate your account,
and terminate this agreement, if you breach any provision in this
agreement, if you misuse the TiVo Service, or if you fail to pay
TiVo Service fees as described in the “Subscription Fees and
Payment Authorization” paragraph above. 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.
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!*!!!
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 authorized product and other software
programs may be provided to you by TiVo from time to time.
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
authorized product. TiVo also retains ownership of all TiVo
copyrights and trademarks. Any attempt to disassemble,
decompile, create derivative works of, reverse engineer, modify,
sublicense, distribute or use for other purposes either the
authorized product or software of this system is strictly
prohibited.
*&
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) relating to your breach of any term of this
agreement or your misuse of the TiVo Service leading wholly or
partially to claims against TiVo or the TiVo Service by third
parties.
!&
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), OR
THAT ANY DEFECTS IN THE TIVO SERVICE WILL BE
CORRECTED. TIVO AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, REGARDING THE TIVO
SERVICE, 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.
%& %!
IN NO EVENT WILL TIVO OR
ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
GC Viewer's Guide.book Page 132 Tuesday, March 13, 2001 8:59 AM
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