Toshiba SD-H400-S-TU Installation Guide - Page 271

Ownership, Source, Software, Disclaimers, Liability, Limitations, ination of, Service., Basic, Title

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_ _ _ _c_h_a_p_t_e_r_9 _ pursuant to the manufacturer's or retailer's warranty; and (b) the receive the TiVo Basic service and you choose to terminate your TiVo DVR being replaced is of the same make and model as the TiVo Plus service, this Agreement shall terminate immediately upon replacement TiVo DVR; and (c) you provide us with a proof of such termination and the terms and conditions of the TiVo Basic replacement by the manufacturer or retailer. TiVo reserves the right service agreement shall apply. NOTE: Your TiVo DVR may not be to charge you a fee to transfer Product Lifetime Service from a TiVo eligible to receive the TiVo Basic service, in which case Section 15 DVR being replaced to a replacement TiVo DVR. Each TiVo DVR ("Termination of Service") and not this section, applies to you. purchased requires its own TiVo Plus service subscription and Consult your Viewer's Guide to determine if your TiVo DVR is activation. Of course, hardware products don't last forever and their eligible to receive the TiVo Basic service. lifespan will vary. TiVo makes no warranties or representations as to ~. Ownership, Open Source Software, Disclaimers and the expected lifetime of the TiVo DVR (aside from the manufacturer's or retailer's warranty). Liability Limitations 15. Term ination of Service. You may terminate your account, this 17. Title to Software and Intellectual Property. You may need to Agreement, and your right to use the TiV0 Plus service, at any time use certain software programs to use or have full access to certain and for any reason or no reason, by contacting TiVo Customer features of the TiVo Plus service. You received certain software with Service at 1-877-367-8486. The TiVo Plus service will be terminated the purchase of the TiVo DVR and other software programs may be within 24 hours after your call and unused subscription fees are provided to you by TiVo from time to time, which you are obligated nonrefundable. Notwithstanding anything to the contrary in this to accept. Your use of such software is subj ect to the terms of this Agreement, TiVo retains the absolute right to immediately suspend Agreement. TiVo retains title to and ownership of all the TiVo or terminate your account, and terminate this Agreement, if the software and certain intellectual property rights in the TiV0 DVR. charges to your credit card for the fees described in Section 9 TiVo also retains ownership of all TiVo copyrights and trademarks. ("Subscription Fees") and Section 11 ("Payment Authorization") are In the case of third party software delivered by TiVo to the TiVo refused for any reason, if you breach any provision in this DVR, the applicable third party retains title to and ownership of its Agreement, if you misuse the TiVo Plus service, and/or if you alter software, copyrights and trademarks. Any attempt to disassemble, your TiVo DVR or use the TiVo Plus service in such a manner as to decompile, create derivative works of, reverse engineer, modify, infringe upon the intellectual property rights ofTiVo or any third sublicense, distribute or use for other purposes either the TiVo DVR party. In addition, TiVo reserves the right to terminate your account or software of this system is strictly prohibited, except as expressly and this Agreement for any other reason or no reason if TiVo gives set forth in Section 18 ("Open Source Software"). you at least 30 days advance notice of such termination. Upon any 18. Open Source Software. Certain components ofthe TiVo software such termination of your account, you will remain obligated to pay are subject to the GNU General Public License or other so-called all outstanding fees and charges relating to your use of the TiVo Plus open source licenses ("Open-Source Software"). Open Source service before termination. Software is not subject to the restrictions in the last sentence of 16. The TiVo Basic Service. Your TiVo DVR may be eligible to Section 17 ("Title to Software and Intellectual Property"), and is receive the TiVo Basic service. If your TiVo DVR is eligible to subject to the GNU General Public License ("GPL") or other license 138

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____
c_h_a_p_t_e_r_9
_
138
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 Plus 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).
15.
Term
ination of
Service.
You may terminate your account, this
Agreement, and your right
to
use the TiV
0
Plus service, at any time
and for any reason or no reason, by contacting TiVo Customer
Service at 1-877-367-8486. The TiVo Plus 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 9
("Subscription Fees") and Section
11
("Payment Authorization") are
refused for any reason,
if
you breach any provision in this
Agreement,
if
you misuse the TiVo Plus service, and/or
if
you alter
your TiVo
DVR
or use the TiVo Plus service in such a manner
as
to
infringe upon the intellectual property rights
ofTiVo
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 Plus
service before termination.
16.
The
TiVo
Basic
Service.
Your TiVo
DVR
may be eligible to
receive the TiVo Basic service.
If
your TiVo DVR
is
eligible to
receive the TiVo Basic service and you choose
to
terminate your
TiVo Plus service, this Agreement shall terminate immediately upon
such termination and the terms and conditions
of
the TiVo Basic
service agreement shall apply.
NOTE:
Your TiVo
DVR
may not be
eligible to receive the TiVo Basic service, in which case Section
15
("Termination
of
Service") and not this section, applies to you.
Consult your
Viewer's Guide
to
determine
if
your TiVo DVR
is
eligible to receive the TiVo Basic service.
Ownership,
Open
Source
Software,
Disclaimers
and
Liability
Limitations
17.
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 TiV
0
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
18
("Open Source Software").
18.
Open
Source
Software.
Certain components
ofthe
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
17
("Title to Software and Intellectual Property"), and
is
subject to the GNU General Public License ("GPL") or other license