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Copy Protection, Privacy, and the TiVo Service
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replaced due to a malfunction (see manufacturer or retailer warranty
details) or even if you upgrade your TiVo DVR to increase storage
capacity (though such upgrades, if not performed by TiVo or a TiVo-
authorized third party, will void the warranty on your TiVo DVR and
constitute a breach of this Agreement). Because a Product Lifetime
Subscription is linked to a particular TiVo DVR, you may not transfer it
to any other TiVo DVR unless all the following conditions apply: (a) the
TiVo DVR is being replaced pursuant to the manufacturer's or retailer's
warranty; and (b) the TiVo DVR being replaced is of the same make and
model as the replacement TiVo DVR; and (c) you provide us with a
proof of replacement by the manufacturer or retailer. TiVo reserves the
right to charge you a fee to transfer Product Lifetime Service from a
TiVo DVR being replaced to a replacement TiVo DVR. Each TiVo DVR
purchased requires its own TiVo service subscription and activation. Of
course, hardware products don't last forever and their lifespan will vary.
TiVo makes no warranties or representations as to the expected lifetime
of the TiVo DVR (aside from the manufacturer's or retailer's warranty).
14 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 Support at
1-877-367-8486. The TiVo service will be terminated within 24 hours
after your call and unused subscription fees are nonrefundable.
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 8 (“Subscription Fees”) and Section 10
(“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 your TiVo DVR or use the TiVo service or software 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 or no reason if TiVo
gives you at least 30 days advance notice of such termination. 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.
OWNERSHIP, OPEN SOURCE SOFTWARE, DISCLAIMERS AND
LIABILITY LIMITATIONS
15 Title to Software and Intellectual Property. You may need to use
certain software programs in your TiVo DVR to use or have full access
to certain features of the TiVo service. You received certain software in
your TiVo DVR at the time of purchase and other software programs
may be delivered to your TiVo DVR 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
software for the TiVo DVR 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 TiVo DVR or
the software of the TiVo DVR is strictly prohibited, except as expressly
set forth in Section 16 (“Open Source Software”). If you install the
TiVo Desktop application on your home computer, ownership and the
other terms of such use are governed by the applicable end user license
agreement to which you must agree prior to installation.
16 Open Source Software. Certain components of the software for the
TiVo DVR 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