6 - TiVo

Chapter 9Privacy, Service, Warranty, and Licenses16817 Indemnity. YOU AGREE TO DEFEND, INDEMNIFY ANDHOLD HARMLESS TIVO FROM AND AGAINST ANY ANDALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES,LOSSES, COSTS AND EXPENSES (INCLUDINGREASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOTLIMITED TO, CLAIMS ALLEGING NEGLIGENCE,COPYRIGHT INFRINGEMENT AND/OR TRADEMARKINFRINGEMENT AGAINST TIVO OR THE TIVO SERVICE,RELATING TO OR ARISING OUT OF YOUR BREACH OF ANYTERM OF THIS AGREEMENT, YOUR MISUSE OF THE TIVOSERVICE, OR YOUR UNAUTHORIZED MODIFICATION ORALTERATION OF THE TIVO DVR OR RELATED SOFTWARE(OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 16(“OPEN SOURCE SOFTWARE”)).18 Warranty Disclaimer. YOU UNDERSTAND AND AGREETHAT THE TIVO SERVICE IS PROVIDED ON AN “AS IS” AND“AS AVAILABLE” BASIS. TIVO MAKES NO WARRANTYTHAT THE TIVO SERVICE WILL MEET YOURREQUIREMENTS, ALLOW YOU TO RECORD OR VIEW ANYPARTICULAR PROGRAMMING, OR THAT USE OF THE TIVOSERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE; NOR DOES TIVO MAKE ANY WARRANTY ASTO THE ACCURACY OR RELIABILITY OF ANYINFORMATION OBTAINED THROUGH THE TIVO SERVICE(INCLUDING THIRD PARTY CONTENT), THAT ANYDEFECTS IN THE TIVO SERVICE WILL BE CORRECTED ORTHAT THE TIVO DVR OR TIVO SERVICE WILL BECOMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE ORSERVICE. FURTHER, TIVO DOES NOT WARRANT THAT THETIVO SERVICE OR THE TIVO SERVERS THAT PROVIDE YOUWITH DATA AND CONTENT ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS. YOU (AND NOT TIVO)ASSUME THE ENTIRE COST OF ALL NECESSARYMAINTENANCE, REPAIR OR CORRECTION. TIVO ALSOASSUMES NO RESPONSIBILITY, AND SHALL NOT BELIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAYINFECT YOUR TIVO DVR, TIVO SOFTWARE, OR OTHERHARDWARE. TIVO AND ITS SUPPLIERS DISCLAIM ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS,IMPLIED, OR STATUTORY, REGARDING THE TIVO SERVICEOR TIVO SOFTWARE, INCLUDING ANY IMPLIEDWARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OR NON- INFRINGEMENT OFTHIRD PARTY RIGHTS. Because some jurisdictions do not permitthe exclusion of implied warranties, the last sentence of this sectionmay not apply to you.19 Limitations of TiVo’s Liability. IN NO EVENT WILL TIVO ORITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY LOST PROFITS, USE OF USER INFORMATION,LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHERINDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTALDAMAGES OF ANY NATURE ARISING FROM OR RELATINGTO YOUR USE OF THE TIVO SERVICE OR USE OF THE TIVOSERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE,EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. IN NO CASE WILL TIVO'S TOTALCUMULATIVE LIABILITY TO YOU AND ANYONE WHOUSES THE TIVO SERVICE THROUGH YOUR ACCOUNT, FORANY AND ALL CLAIMS UNDER ANY THEORY OF LAW,EXCEED THE AGGREGATE AMOUNT YOU PAID TO TIVO INTHE PRECEDING TWELVE MONTHS. YOU UNDERSTANDTHAT THESE LIMITATIONS OF TIVO’S AND TIVO'S