Toshiba RS-TX60 User Guide - Page 178

Ownership, Open Source Software, Disclaimers, And Liability Limitations

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Chapter 10 Privacy, Service, Warranty, and Licenses OWNERSHIP, OPEN SOURCE SOFTWARE, DISCLAIMERS AND LIABILITY LIMITATIONS 16 Title to Software and Intellectual Property. You may need to use certain software programs to use or have full access to certain features of the TiVo Plus service. You received certain software with the purchase of the TiVo DVR and other software programs may be provided to you 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 TiVo software 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 software of this system is strictly prohibited, except as expressly set forth in Section 17 ("Open Source Software"). 17 Open Source Software. Certain components of the TiVo software 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 16 ("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). 170 18 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 PLUS SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE TIVO PLUS SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE TIVO DVR OR RELATED SOFTWARE (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 17 ("OPEN SOURCE SOFTWARE")). 19 Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE TIVO PLUS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIVO MAKES NO WARRANTY THAT THE TIVO PLUS SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO RECORD OR VIEW ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE TIVO PLUS 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 PLUS SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE TIVO PLUS SERVICE WILL BE CORRECTED OR THAT THE TIVO DVR OR TIVO PLUS SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, TIVO DOES NOT WARRANT THAT THE TIVO PLUS SERVICE OR THE TIVO SERVERS THAT PROVIDE YOU WITH DATA AND Downloaded from www.Manualslib.com manuals search engine

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Privacy, Service, Warranty, and Licenses
170
Chapter 10
OWNERSHIP, OPEN SOURCE SOFTWARE, DISCLAIMERS
AND LIABILITY LIMITATIONS
16
Title to Software and Intellectual Property.
You may need to
use certain software programs to use or have full access to certain
features of the TiVo Plus service. You received certain software with
the purchase of the TiVo DVR and other software programs may be
provided to you 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 TiVo
software 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 software of this system is strictly prohibited, except as expressly
set forth in Section 17 (“Open Source Software”).
17
Open Source Software.
Certain components of the TiVo software
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 16 (“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).
18 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 PLUS
SERVICE, RELATING TO OR ARISING OUT OF YOUR
BREACH OF ANY TERM OF THIS AGREEMENT, YOUR
MISUSE OF THE TIVO PLUS SERVICE, OR YOUR
UNAUTHORIZED MODIFICATION OR ALTERATION OF THE
TIVO DVR OR RELATED SOFTWARE (OTHER THAN AS
EXPRESSLY SET FORTH IN SECTION 17 (“OPEN SOURCE
SOFTWARE”)).
19
Warranty Disclaimer.
YOU UNDERSTAND AND AGREE
THAT THE TIVO PLUS SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TIVO MAKES NO WARRANTY
THAT THE TIVO PLUS SERVICE WILL MEET YOUR
REQUIREMENTS, ALLOW YOU TO RECORD OR VIEW ANY
PARTICULAR PROGRAMMING, OR THAT USE OF THE TIVO
PLUS 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 PLUS
SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY
DEFECTS IN THE TIVO PLUS SERVICE WILL BE
CORRECTED OR THAT THE TIVO DVR OR TIVO PLUS
SERVICE WILL BE COMPATIBLE WITH ANY OTHER
SPECIFIC HARDWARE OR SERVICE. FURTHER, TIVO DOES
NOT WARRANT THAT THE TIVO PLUS SERVICE OR THE
TIVO SERVERS THAT PROVIDE YOU WITH DATA AND
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www.Manualslib.com
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