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Copy Protection, Privacy, and the TiVo Service
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particular TiVo DVR, you may not transfer it to any other TiVo DVR
unless all the following conditions apply: (a) the TiVo DVR is being
replaced 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 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).
14 Termination of Service. Subject to any Service Commitment to which
you may be bound, you may terminate your account, this Agreement,
and your right to use the TiVo service, at any time and for any reason or
no reason, by contacting TiVo Customer Support at 1-877-367-8486.
The TiVo service will be terminated within 24 hours after your call and
unused subscription fees are nonrefundable. If you terminate your
account or this Agreement before meeting any applicable Service
Commitment, TiVo reserves the right to charge you the early
termination fee agreed to by you at the time you subscribed to the TiVo
service. 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 8 (“Subscription Fees and
Service Commitment”) and Section 10 (“Payment Authorization”) are
refused for any reason, if you breach any provision in this Agreement, if
you misuse the TiVo service, and/or if you alter your TiVo DVR or use
the TiVo service or software 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 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 service before termination.
OWNERSHIP, OPEN SOURCE SOFTWARE, DISCLAIMERS AND
LIABILITY LIMITATIONS
15 Title to Software and Intellectual Property. You may need to use
certain software programs in your TiVo DVR to use or have full access
to certain features of the TiVo service. You received certain software in
your TiVo DVR at the time of purchase and other software programs
may be delivered to your TiVo DVR by TiVo from time to time, which
you are obligated to accept. You may use such software solely in
executable code form and solely in conjunction your TiVo DVR. Your
use of such software is subject to the terms of this Agreement. TiVo
retains title to and ownership of all the software for the TiVo DVR 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 the software of the TiVo DVR is
strictly prohibited, except as expressly set forth in Section 16 (“Open
Source Software”). If you install the TiVo Desktop application on your
home computer, ownership and the other terms of such use are
governed by the applicable end user license agreement to which you
must agree prior to installation.
16 Open Source Software. Certain components of the software for the
TiVo DVR are subject to the GNU General Public License Version 2, or
other so-called open source licenses (“Open-Source Software”). Open
Source Software is not subject to the restrictions Section 15 (“Title to
Software and Intellectual Property”), and is subject to the GNU General
Public License Version 2 (“GPLv2”) 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