Toshiba SD-H400-S-TU Installation Manual page 224

terms, as applicable. In compliance with the terms of the GPL, TiVo
makes its modifications to Open Source Software that TiVo uses,
modifies and distributes pursuant to the GPL available to the public
in source code form at www.tivo.com/source. You are free to use,
modify and distribute Open Source Software that is subject to the
GPL so long as you comply with the terms of the GPL (available in
the product manual or at www.gnu.org/copyleft/gpl.html).
Indemnity.
19. 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 PLUS
SERVICE, RELATING TO OR ARISING OUT OF YOUR
BREACH OF ANY TERM OF THIS AGREEMENT, YOUR
MISUSE OF THE TIVO PLUS SERVICE, OR YOUR
UNAUTHORIZED MODIFICATION OR ALTERATION OF THE
TIVO DVR OR RELATED SOFTWARE (OTHER THAN AS
EXPRESSLY SET FORTH IN SECTION 18 ("OPEN SOURCE
SOFTWARE")).
Warranty Disclaimer.
20. YOU UNDERSTAND AND AGREE
THAT THE TIVO PLUS SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. TIVO MAKES NO
WARRANTY THAT THE TIVO PLUS SERVICE WILL MEET
YOUR REQUIREMENTS, ALLOW YOU TO RECORD OR VIEW
ANY PARTICULAR PROGRAMMING, OR THAT USE OF THE
TIVO PLUS 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 PLUS
SERVICE (INCLUDING THIRD PARTY CONTENT), THAT
T i V o P l u s S e r v i c e A g r e e m e n t
ANY DEFECTS IN THE TIVO PLUS SERVICE WILL BE
CORRECTED OR THAT THE TIVO DVR OR TIVO PLUS
SERVICE WILL BE COMPATIBLE WITH ANY OTHER
SPECIFIC HARDWARE OR SERVICE. FURTHER, TIVO DOES
NOT WARRANT THAT THE TIVO PLUS SERVICE OR THE
TIVO SERVERS THAT PROVIDE YOU WITH DATA AND
CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU (AND NOT TIVO) ASSUME THE ENTIRE
COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION. TIVO ALSO ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR TIVO DVR, TIVO
SOFTWARE, OR OTHER HARDWARE. TIVO AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY,
REGARDING THE TIVO PLUS SERVICE OR TIVO
SOFTWARE, 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, the last sentence of this section may not apply to
you.
Limitations of TiVo's Liability.
21.
ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFITS, USE OF USER INFORMATION,
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 PLUS SERVICE OR USE OF THE
TIVO PLUS 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
IN NO EVENT WILL TIVO OR
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