Sony SVR-3000 - Manual (Page 115)

107
7
T i V o S e r v i c e A g r e e m e n t
decompile, create derivative works of, reverse engineer, modify,
sublicense, distribute or use for other purposes either the
authorized product or software of this system is strictly
prohibited.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS TIVO FROM AND AGAINST ANY AND ALL CLAIMS,
PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES),
INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING
NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR
TRADEMARK INFRINGEMENT AGAINST TIVO OR THE TIVO
SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH
OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE
TIVO SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR
ALTERATION OF THE RECORDER OR RELATED SOFTWARE.
Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT
THE TIVO SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TIVO MAKES NO WARRANTY THAT THE
TIVO SERVICE WILL MEET YOUR REQUIREMENTS OR THAT
USE OF THE TIVO SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; NOR DOES TIVO MAKE
ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE TIVO SERVICE
(INCLUDING THIRD PARTY CONTENT), OR THAT ANY
DEFECTS IN THE TIVO SERVICE WILL BE CORRECTED. TIVO
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
REGARDING THE TIVO SERVICE, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. Because some jurisdictions do not permit the
exclusion of implied warranties, this disclaimer may not apply to
you.
Limitations of TiVo’s Liability. IN NO EVENT WILL TIVO OR ITS
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY LOST PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL,
SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE
ARISING FROM OR RELATING TO YOUR USE OF THE TIVO
SERVICE OR USE OF THE TIVO SERVICE THROUGH YOUR
ACCOUNT BY ANYONE ELSE, EVEN IF TIVO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
CASE WILL TIVO’S TOTAL CUMULATIVE LIABILITY TO YOU
AND ANYONE WHO USES THE TIVO SERVICE THROUGH YOUR
ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY
OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO
TIVO IN THE PRECEDING TWELVE MONTHS. YOU
UNDERSTAND THAT THESE LIMITATIONS OF TIVO’S AND
TIVO’S SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART
OF THIS LIMITED WARRANTY. Some states do not allow the