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P r i v a c y , S e r v i c e , W a r r a n t y , a n d L i c e n s e s

164

C h a p t e r 1 0

AGGREGATE AMOUNT OF FIFTY DOLLARS (US$50.00)”.
THESE ARE MATERIAL PROVISIONS AFFECTING YOUR
RIGHTS.

GENERAL

11 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
represents the entire agreement governing your use of the TiVo Basic
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 6 (but only with respect to incorporated Section 10 of the
TiVo Plus Service Agreement), 7 (“Using the TiVo Basic Service”),
10 and 11 (“Miscellaneous”) of this Agreement shall survive any
termination or expiration of this Agreement.

BY USING THE TIVO BASIC 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 Basic Service Agreement v20040608

TiVo Plus

Service Agreement

Welcome to TiVo and the TiVo Plus service! This agreement explains
the terms and conditions that will apply to your use of the TiVo Plus
service and constitutes a legally binding agreement between you and
TiVo Inc. (“TiVo”). By using the TiVo Plus service, you agree to all the
terms and conditions in this agreement (“Agreement”).

THE TIVO PLUS SERVICE AND THE PRIVACY POLICY

1 Terms of Service.

The TiVo logo on your Pioneer DVD Recorder

with TiVo and Toshiba Digital Media Server (referred to in this TiVo
Plus Service Agreement as your “TiVo DVR”) means that it can
receive the TiVo Plus service offered and provided by TiVo for

personal, non-commercial use on a subscription basis. Your
activation and continued use of the TiVo Plus service is subject to the
terms and conditions of this Agreement. TiVo may at its discretion
change the terms of this Agreement. Such changes shall be effective
upon notification by TiVo. We encourage you to check
www.tivo.com/privacy or call us for a copy of the current TiVo Plus
service agreement. If you are dissatisfied with any changes to this
Agreement, you may cancel your use of the TiVo Plus service as
provided in Section 14 (“Termination of Service”).

2 TiVo’s Privacy Policy.

You must provide us with accurate and

complete information when you activate your TiVo Plus service.