Toshiba SD-H400-S-TU Installation Guide - Page 266
Q.wnership., liability limitations, Gen, eral, Using, Basic, Service., Termination of Service.
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( TiVo Bas c Serv ce Agreement BASIC" FOR PURPOSES OF THIS AGREEMENT. THESE ARE INCORPORATED BY REFERENCE. ANY REFERENCE TO MATERIAL PROVISIONS AFFECTING YOUR RIGHTS. "TIVO PLUS" IN SUCH SECTIONS IS REPLACED WITH "TIVO 7. Using the TiVo Basic Service. You may access and use the TiVo BASIC" FOR PURPOSES OF THIS AGREEMENT. WITH Basic service only with a TiVo DVR that is authorized to receive the RESPECT TO INCORPORATED SECTION 21, "THE TiVo Basic service and you agree not to tamper with or othelwise AGGREGATE AMOUNT YOU PAID TO TIVO IN THE modify your TiVo DVR. The TiVo Basic service is provided for your PRECEDING TWELVE MONTHS" IS REPLACED BY "THE personal, non- commercial use, and may not be resold, in whole or in AGGREGATE AMOUNT OF FIFTY DOLLARS (US$SO.OO)". part. You may not transfer the TiVo Basic service to another DVR. THESE ARE MATERIAL PROVISIONS AFFECTING YOUR By using the TiVo Basic service, you agree to receive all software RIGHTS. updates and upgrades that TiVo sends to your TiVo DVR. If your TiVo DVR accesses the TiVo Basic service, you acknowledge and agree that you are a user of the TiVo Basic service and are bound by the terms of this Agreement. 8. Termination of Service. Notwithstanding anything to the contrary in this Agreement, TiVo retains the absolute right to immediately suspend or terminate your use of the TiVo Basic service, and terminate this Agreement, if you breach any provision in this Agreement, if you misuse the TiVo Basic service, and/or if you alter your TiVo DVR or use the TiVo Basic service 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 use of the TiVo Basic service and this Agreement for any other reason or no reason if TiVo gives you at least 30 days advance notice of such termination. 9. The TiVo PLus Service. If you choose to activate the TiVo Plus service, this Agreement shall terminate immediately upon such activation and the terms and conditions of the TiVo Plus service agreement shall apply. !)~. Gen,eral II. MisceLLaneous. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and TiVo agree to submit to the exclusive personal jurisdiction of the courts located within the county of Santa Clara, California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions ofthis Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. This document represents the entire agreement governing your use ofthe TiVo Basic service and supersedes any prior or contemporaneous written or oral r~~~·· Q.wnership. Open Sour(;~Software. Dis~laimers and. statements by TiVo or its representatives or resellers. TiVo's failure liability limitations 10. NOTE: THE PROVISIONS OF SECTIONS 17, 18, 19,20 AND 21 OF THE TIVO PLUS SERVICE AGREEMENT ARE PART OF THIS AGREEMENT AND ARE HEREBY EXPRESSLY to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of TiVo's right to do so at any time. Sections 6 (but only with respect to incorporated Section 10), 7 ("Using the TiVo Basic Service"), 10 and 11 ("Miscellaneous") of 133