Copy Protection, Privacy, and the TiVo Service
86
provision is not intended to limit TiVo’s liability in the event of TiVo’s
willful or intentional misconduct. Moreover, if TiVo mistakenly or
wrongfully overcharges your account, this section does not limit TiVo’s
obligation to refund such mistakenly or wrongfully overcharged
amounts.
GENERAL
20 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 of this 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, the Website
Terms and Conditions (available at www.tivo.com/webpolicy
),
the TiVo Multi-Service Discount Agreement (available at
www.tivo.com/privacy
), and the terms of any applicable written
Service Commitment offer from TiVo accepted by you represent the
entire agreement governing your use of and subscription to the TiVo
service and supersedes any prior or contemporaneous written or oral
statements by TiVo or its representatives or resellers. TiVo's failure 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 8
(“Subscription Fees and Service Commitment”), 9 (“Telephone Access
and Possible Charges”), 10 (“Payment Authorization”), 11 (“Using the
TiVo Service”), 15 (“Title to Software and Intellectual Property”), 16
(“Open Source Software”), 17 (“Indemnity”"), 18 (“Warranty
Disclaimer”), 19 (“Limitations of TiVo’s Liability”), and 20
(“Miscellaneous”) shall survive any termination or expiration of this
Agreement.
BY USING THE TIVO SERVICE, I REPRESENT THAT I HAVE READ
AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND I AGREE TO
ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
TiVo Service Agreement v20060313A
