Terms and Conditions
Notice: This document was last updated on 6 November 2009.
TiVo Desktop and TiVo Desktop Plus End-User Licence Agreement
IMPORTANT: THIS SOFTWARE END USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND HYBRID TV. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENCE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.
- "Desktop Software" means only the TiVo software program(s) and third party software programs, in each case, supplied by TiVo herewith, and any corresponding documentation, associated media or documentation, and any updates, upgrades, modifications or improvements to any such software programs, media or documentation (whether provided without charge or for a fee).
- "EULA" means End User Licence Agreement.
- "Hybrid TV" means Hybrid Television Services (ANZ) Pty Limited, ABN 19 124 140 807.
- "TiVo" means TiVo Inc.
2. Licence Grants
- You may install and use the Desktop Software on a computer that has a Windows PC or a Macintosh operating system provided that the operating system meets the Desktop Software's specified minimum system requirements (please see www.mytivo.com.au/tdrequirements for a complete list of these minimum system requirements); provided, however, that, notwithstanding anything contrary contained herein, you may not use the Desktop Software on any non- desktop or laptop computer product, including, but not limited to, a web appliance, set top box (STB), handheld, phone, or web pad device.
- Any copies that you make of the Desktop Software must reproduce all copyright notices and any other proprietary legends on the original copy of the Desktop Software.
- Your licence rights under this EULA are non-exclusive.
- Certain rights are not granted under this Agreement, but may be available under a separate agreement.
3. Licence Restrictions
- You may not alter, merge, modify, adapt or translate the Desktop Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Desktop Software to a human-perceivable form.
- You may not sell, rent, lease, or sublicense the Desktop Software.
- You may not distribute or disclose to any third party any licence key accompanying or related to the Desktop Software
- You may not modify the Desktop Software or create derivative works based upon the Desktop Software
- You may not modify the Desktop Software or create derivative works based upon the Desktop Software.
- You may not export the Desktop Software into any country prohibited by the United States Export Administration Act and the regulations thereunder
- You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Desktop Software. These terms do not authorize you to use Hybrid TV's or its suppliers' names or any of their respective trademarks.
- In the event that you fail to comply with these terms, Hybrid TV may terminate this license and your TiVo Service, and you must destroy all copies of the Desktop Software.
3.1 Intellectual Property Restrictions.
Your use of the Desktop Software must comply with all intellectual property laws, including applicable copyright laws. Content you access by use of the Desktop Software may be protected by copyright and other intellectual property laws. If you are not the owner or rights holder of such content, or are not authorised by the owner or rights holder of such content, you should be aware that if you copy, display publicly, distribute or otherwise communicate it to the public, you may be violating the intellectual property rights of the owners of such content. If you are not the owner or rights holder of such content, and if you are a Hybrid TV customer, and if you distribute such content or otherwise make it available to anyone else in violation of the intellectual property rights of the owners of such content, you will be in violation of this EULA. Hybrid TV may terminate this licence and permanently discontinue your TiVo service as a result.
3.2 TiVoToGo™ Functionality.
The TiVoToGo™ functionality contained in the Desktop Software is provided for playback of eligible programs on personal computers and/or compatible portable devices solely for your personal and private use. Programs transferred to personal computers and portable devices using the Desktop Software contain information that can be used to identify yourTiVo account and/or TiVo media device from which the transfer originated. Unauthorised transfers or distribution of copyrighted works is a violation of this EULA and may be a violation of copyright. There are penalties for copyright infringements if you violate applicable copyright laws. Hybrid TV may terminate this licence and permanently discontinue the TiVo service features and/or your account as a result and in addition you may risk penalties imposed by the owners of such content if your use violated applicable intellectual property laws.
3.3 Objectionable Content.
You understand that by using the Desktop Software, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Desktop Software at your sole risk and that neither Hybrid TV nor TiVo shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Content types, categories, ratings and descriptions are provided for convenience, and you acknowledge and agree that neither Hybrid TV nor TiVo guarantees their accuracy.
In the event that you fail to comply with this EULA, Hybrid TV may terminate this EULA and your TiVo service and you must destroy all copies of the Desktop Software.
The foregoing licence gives you a limited licence to use the Desktop Software. Hybrid TV, its suppliers and TiVo retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Desktop Software and all copies thereof. All rights not specifically granted in this EULA are reserved by Hybrid TV, its suppliers and TiVo. TiVo is an intended third-party beneficiary of these terms and conditions.
TiVo and other trademarks contained in the Software are trademarks or registered trademarks of TiVo Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
5. Supplier Liability
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of an acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes, restricts or modifies any such rights or remedies.
We exclude to the fullest extent permitted by law, and without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law and other laws, regulations and codes, all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this EULA or an act or omission of our or any of our suppliers' personnel in connection with this EULA:
- on behalf of and for the benefit of our suppliers; and
- for ourselves, except for liability for breach of the Statutory Warranty under the Australian Consumer Law which, by law, cannot be excluded.
6. Limitation of Liability
SUBJECT TO CLAUSE 5, IN NO EVENT SHALL HYBRID TV, TIVO AND TIVO'S LICENSORS (COLLECTIVELY REFERRED TO AS "TIVO" FOR THE PURPOSES OF THIS SECTION) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF SUBSCRIBER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TIVO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). YOU UNDERSTAND THAT THESE LIMITATIONS OF TIVO'S LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
7. Basis of Bargain
The Supplier Liability and Limited Liability set forth above are fundamental terms of this EULA. Hybrid TV would not be able to provide the Desktop Software on an economic basis without such limitations. Such Supplier Liability and Limited Liability inure to the benefit of Hybrid TV and TiVo.
This EULA is governed by the laws of the State of New South Wales. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in New South Wales to resolve any disputes arising under this EULA.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Desktop Software licensed hereunder shall be of no effect. The failure or delay of Hybrid TV or TiVo to exercise any of its rights under this EULA or upon any breach of this EULA will not be deemed a waiver of those rights or of the breach. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
All questions concerning this EULA must be directed to www.mytivo.com.au/support.
TiVo and other trade marks contained in the Desktop Software are trade marks or registered trade marks of TiVo Inc. or its subsidiaries in the United States and/or other countries. Third party trade marks, trade names, product names and logos may be the trade marks or registered trade marks of their respective owners. You may not remove or alter any trade mark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Desktop Software. This EULA does not authorize you to use Hybrid TV's, TiVo's or any of their licensors' names or any of their respective trade marks.
For users of TiVo Desktop for Windows:
SOFTWARE LICENSE AGREEMENT FOR BONJOUR FOR WINDOWS
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
- General. The software, documentation and any fonts accompanying this License
whether on disk, in read only memory, on any other media or in any other form
(collectively the "Apple Software") are licensed, not sold, to you by Apple Inc.
("Apple") for use only under the terms of this License, and Apple reserves all
rights not expressly granted to you. The rights granted herein are limited to
Apple's and its licensors' intellectual property rights in the Apple Software
and do not include any other patents or intellectual property rights. You own
the media on which the Apple Software is recorded but Apple and/or Apple's
licensor(s) retain ownership of the Apple Software itself. The terms of this
License will govern any software upgrades provided by Apple that replace and/or
supplement the original Apple Software product, unless such upgrade is
accompanied by a separate license in which case the terms of that license will
- Permitted License Uses and Restrictions. This License allows you to install a reasonable number of copies of the Apple Software on computers that are owned or controlled by you for use internally by your employees whose job duties require the use of the Apple Software or for use on your personal home computer(s). No other use and no external redistribution of the Apple Software is permitted. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- Transfer. You may not rent, lease, lend or sublicense the Apple Software. You
may, however, make a one-time permanent transfer of all of your license rights
to the Apple Software to another party, provided that: (a) the transfer must
include all of the Apple Software, including all its component parts, original
media, printed materials and this License; (b) you do not retain any copies of
the Apple Software, full or partial, including copies stored on a computer or
other storage device; and (c) the party receiving the Apple Software reads and
agrees to accept the terms and conditions of this License. All components of the
Apple Software are provided as part of a bundle and may not be separated from
the bundle and distributed as standalone applications.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, you must be an Eligible Educational End User to use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
- Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.
- Limited Warranty on Media (if applicable). Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple's option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTIO
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. S2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. S12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. S227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. This License constitutes the entire
agreement between the parties with respect to the use of the Apple Software
licensed hereunder and supersedes all prior or contemporaneous understandings
regarding such subject matter. No amendment to or modification of this License
will be binding unless in writing and signed by Apple. Any translation of this
License is done for local requirements and in the event of a dispute between the
English and any non-English versions, the English version of this License shall