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15 (“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/source
. 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 the product manual
or at www.gnu.org/copyleft/gpl.html
).
17 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 TERM OF THIS
AGREEMENT, YOUR MISUSE OF THE TIVO SERVICE, OR
YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF
THE TIVO DVR OR SOFTWARE FOR THE TIVO DVR (OTHER
THAN AS EXPRESSLY SET FORTH IN SECTION 16 (“OPEN
SOURCE SOFTWARE”)).
18 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, ALLOW
YOU TO RECORD, VIEW OR TRANSFER ANY PARTICULAR
PROGRAMMING, 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 TIVO DVR OR TIVO
SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC
HARDWARE OR SERVICE. FURTHER, TIVO DOES NOT
WARRANT THAT THE TIVO SERVICE OR THE TIVO SERVERS
THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND
NOT TIVO) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION. TIVO ALSO
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR TIVO DVR, TIVO DVR SOFTWARE, OR OTHER
HARDWARE. 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,
the last sentence of this section may not apply to you.
19 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 USER 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