Sonic Blue Replay TV 5000 - Manual (Page 74)

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ReplayTV 5000
modify features in any software update. Your use of all such software is subject to the terms of this Agreement. However, if a software license agreement is
included with any such software, then those terms (and not this Agreement) will govern your use of that software. You have a limited, non-exclusive right to use
the software only with the ReplayTV unit with which the software was provided or for which it was downloaded. You may make one copy of the software you
download for backup purposes only, provided that such backup copy must include all copyright and other proprietary information and notices contained on the
original. You acknowledge and agree that the software is copyrighted and contains material that is protected by copyright, trademark, trade secret and other laws
and international treaty provisions relating to proprietary rights. You may not remove, change or hide any of ReplayTV’s or its licensors’ or suppliers’ propri-
etary rights notices on or in the software or on output generated by the software. Except and only to the extent permitted by applicable law and this Agreement,
you may not copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, assign, transfer, or create derivative works from the software.
You acknowledge and agree that any unauthorized use, transfer, sublicensing or disclosure of the software may cause irreparable injury to ReplayTV, and under
such circumstances, ReplayTV shall be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and perma-
nent injunctive relief.
I. Ownership; Certain Rights. ReplayTV and its licensors and suppliers retain title to and ownership of all the ReplayTV software. ReplayTV and its licen-
sors and suppliers own the intellectual property rights in and to the ReplayTV unit and the ReplayTV Service, including the copyrights and trademarks associ-
ated with the ReplayTV unit and the ReplayTV Service.
2. Fees and Term of the ReplayTV Service
A. Subscription Fees. Your use of the ReplayTV Service is subject to your payment of either: (1) a subscription fee in a one-time, up front payment; or (2) a
monthly subscription fee. If you choose to pay the monthly subscription fee, you agree that ReplayTV may automatically charge the subscription fee to your
credit or charge card (where legally allowed) seven (7) days before the beginning of each monthly service period. The monthly subscription fee will be charged
each month on an ongoing basis while you are authorized to use the ReplayTV Service, and there is no cap on the amount that may be charged. If you choose the
monthly subscription fee option, your ReplayTV Service access will not be established until ReplayTV has verified that your credit card account is in good
standing. ReplayTV reserves the right to change the amount of the required monthly subscription fee in its discretion. ReplayTV will send a notice to your
ReplayTV unit or the address of record ReplayTV has for you 30 days in advance of any fee changes or imposition of new fees. You may obtain a list of the fees
currently in effect at any time by going to the SONICblue website at www.sonicblue.com\replaytv. The subscription fee covers only the basic ReplayTV Service,
and does not include any other charges or fees, such as: (a) for premium or other additional services offered as part of or through the ReplayTV Service for which
ReplayTV charges additional fees, or (b) to third parties for telephone service or broadband access, if applicable. You are responsible for any such telephone or
broadband service charges and acknowledge and agree that you shall be solely responsible for all disputes with any third party related to the same.
B. Payment for Replay Service. Subject to the terms of this Agreement, if you pay the one-time, up front subscription fee, you will not incur any additional
charges to receive the basic ReplayTV Service while you are authorized to use your ReplayTV product. If you choose to pay the monthly subscription fee, so
long as you pay it each month when due, you will not incur any additional charges from ReplayTV to receive the basic ReplayTV Service while you are autho-
rized to use your ReplayTV unit. If you choose to pay the one-time, up front subscription fee, the ReplayTV Service will be provided only to that particular
ReplayTV unit for which you paid the subscription fee and cannot be transferred to any other units you may purchase but the ReplayTV Service will still apply
to that unit even if you give it or sell it to a friend or family member. Thus, any service that is activated through the one-time, up front subscription fee follows
the ReplayTV unit and not the person. If you choose the monthly subscription fee option, you may choose to have your subsequent monthly payments go toward
the ReplayTV Service for a different ReplayTV unit by contacting ReplayTV.
C. Reactivation. If you choose to pay a monthly subscription fee and a monthly payment is not made either due to an invalid or expired credit card or for any
other reason, your ReplayTV Service may be disconnected. If you want to reactivate your ReplayTV Service after a period of 30 days from the last period of ser-
vice that was paid, you will be charged with a reactivation fee, along with any outstanding balance, in addition to your monthly subscription fee. The amount of
such fee may be changed from time-to-time by ReplayTV and you may find out the amount of such charge by visiting www.sonicblue.com\replaytv. Notices sent
to your ReplayTV unit may indicate if there are problems with your monthly subscription fee payment and how to contact ReplayTV to resolve any such issues.
Your ReplayTV Service may be deactivated or terminated should a problem with payment arise. For example, ReplayTV reserves the right to deactivate or ter-
minate your ReplayTV Service without notice upon rejection of any credit card charges, ReplayTV’s inability to obtain an authorization for the charge, or if your
card issuer (or its agent or affiliate) returns or charges back any payment previously made to ReplayTV. Such rights are in addition to and not in lieu of any other
legal right or remedies available to ReplayTV. ReplayTV reserves the right to refer your account to a third party for collection in the event of an ongoing default.