DIRECTV HR34 System Manual - Page 130

TERMS AND CONDITIONS FOR USE OF SOFTWARE (“TERMS”), Third Party Beneficiaries

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DIRECTV® HD DVR RECEIVER USER GUIDE TERMS AND CONDITIONS FOR USE OF SOFTWARE ("TERMS") C. Ownership of Software and Reservation of Rights The Software is licensed, not sold, to you for use only under the terms of this license agreement, DIRECTV is NOT transferring title or any ownership rights in the Software to you and DIRECTV and its suppliers reserve all rights not expressly granted to you. Except as stated above, this license agreement does not grant to you any intellectual property rights in the Software. D. Termination These Terms are effective until terminated. You may terminate these Terms by returning the Receiver to DIRECTV or your supplier. These Terms will terminate automatically without notice if you fail to comply with these Terms or any other agreement between you and DIRECTV. Upon termination you must return the Receiver to DIRECTV or your supplier. E. Disclaimer THE SOFTWARE IS (TO THE EXTENT PERMITTED BY LAW) SUPPLIED "AS IS". NEITHER DIRECTV NOR ANY OF ITS LICENSORS EXPRESSLY MAKES OR PASSES ON TO YOU ANY WARRANTY OR REPRESENTATION ON BEHALF OF DIRECTV OR ITS LICENSORS WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL DIRECTV OR ITS LICENSORS BE LIABLE TO YOU WITH RESPECT TO THE SOFTWARE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGE (INCLUDING LOSS OF PROFITS, LOST SAVINGS, LOSS OF DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF DIRECTV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. F. Third Party Beneficiaries DIRECTV'S LICENSORS AND SUPPLIERS SHALL BE THIRD PARTY BENEFICIARIES OF THESE LICENSE TERMS, AS APPLICABLE. YOUR USE OF THE RECEIVER CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND HEREBY. 130

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130
DIRECTV
®
HD DVR RECEIVER USER GUIDE
C. Ownership of Software and Reservation of Rights
The Software is licensed, not sold, to you for use only under the terms of this license agreement, DIRECTV is NOT transferring title
or any ownership rights in the Software to you and DIRECTV and its suppliers reserve all rights not expressly granted to you. Except
as stated above, this license agreement does not grant to you any intellectual property rights in the Software.
D. Termination
These Terms are effective until terminated.
You may terminate these Terms by returning the Receiver to DIRECTV or your supplier.
These Terms will terminate automatically without notice if you fail to comply with these Terms or any other agreement between you
and DIRECTV.
Upon termination you must return the Receiver to DIRECTV or your supplier.
E.
Disclaimer
THE SOFTWARE IS (TO THE EXTENT PERMITTED BY LAW) SUPPLIED “AS IS”. NEITHER DIRECTV NOR ANY OF ITS LICENSORS
EXPRESSLY MAKES OR PASSES ON TO YOU ANY WARRANTY OR REPRESENTATION ON BEHALF OF DIRECTV OR ITS LICENSORS
WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL DIRECTV OR ITS LICENSORS BE LIABLE TO YOU WITH RESPECT TO THE SOFTWARE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGE (INCLUDING LOSS OF PROFITS, LOST SAVINGS, LOSS
OF DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES) ARISING OUT OF THE USE
OR THE INABILITY TO USE THE SOFTWARE, EVEN IF DIRECTV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, so the above limitations may not apply to you.
F.
Third Party Beneficiaries
DIRECTV’S LICENSORS AND SUPPLIERS SHALL BE THIRD PARTY BENEFICIARIES OF THESE LICENSE TERMS, AS APPLICABLE.
YOUR USE OF THE RECEIVER CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS AND AGREE TO BE
BOUND HEREBY.
TERMS AND CONDITIONS FOR USE OF SOFTWARE (“TERMS”)