6 - TiVo

TiVo Service AgreementSUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OFTHIS AGREEMENT. Some states do not allow the exclusion orlimitation of incidental or consequential damages, so the abovelimitation or exclusion may not apply to you. Additionally, thisprovision is not intended to limit TiVo’s liability in the event ofTiVo’s willful or intentional misconduct. Moreover, if TiVomistakenly or wrongfully overcharges your account, this section doesnot limit TiVo’s obligation to refund such mistakenly or wrongfullyovercharged amounts.GENERAL20 Miscellaneous. This Agreement will be governed by the laws ofthe State of California as such laws apply to agreements betweenCalifornia residents performed entirely within California. The UnitedNations Convention on Contracts for the International Sale of Goodsdoes not apply to this Agreement. You and TiVo agree to submit tothe exclusive personal jurisdiction of the courts located within thecounty of Santa Clara, California. If any provision of this Agreementis invalid or unenforceable under applicable law, such provision willbe deemed modified to the extent necessary to render such provisionvalid and enforceable and the other provisions of this Agreement willremain in full force and effect. The official text of this Agreement ornotice submitted hereunder shall be in English. In the event of anydispute concerning the construction or meaning of this Agreement,reference shall be made only to this Agreement as written in Englishand not to any translation into another language. This documentrepresents the entire agreement governing your use of the TiVoservice and supersedes any prior or contemporaneous written or oralstatements by TiVo or its representatives or resellers. TiVo’s failure toenforce any of the terms of this Agreement shall not constitute awaiver or relinquishment of TiVo’s right to do so at any time.Sections 8 (“Subscription Fees”), 9 (“Telephone Access and PossibleCharges”), 10 (“Payment Authorization”), 11 (“Using the TiVoService”), 15 (“Title to Software and Intellectual Property”), 16(“Open Source Software”), 17 (“Indemnity”), 18 (“WarrantyDisclaimer”), 19 (“Limitations of TiVo’s Liability”), and 20(“Miscellaneous”) shall survive any termination or expiration of thisAgreement.BY USING THE TIVO SERVICE, I REPRESENT THAT I HAVEREAD AND UNDERSTOOD THIS ENTIRE AGREEMENT AND IAGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATEDABOVE.TiVo Service Agreement v200406081699