TiVo 2004 Annual Report Download - page 196
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Agreement, but excluding any such information that (i) is or becomes generally available to the public other than as a result of a disclosure by the receiving
Party in violation of this Agreement, (ii) was or had become available to the receiving Party on a non-confidential basis from a source which was not
prohibited from disclosing such information to the receiving Party by a legal, contractual or fiduciary obligation of confidentiality to the disclosing Party, or
(iii) was independently developed by the receiving Party through Persons who have not had, either directly or indirectly, access to or knowledge of the
Confidential Information.
[*]
"Demand" shall have the meaning set forth in Section 34.1.
[*]
"Distributor" shall have the meaning set forth in Section 14.1.
[*]
"DVR Product" shall mean products designed to exploit DVR Technology.
"DVR Technology" shall mean hardware, software, standards or other technology that enables consumers to record television programs to a hard disk drive
or other random access digital storage medium and control a television display, including, without limitation, pausing, fast forwarding and rewinding live and
recorded television, and all technology reasonably related to any of the foregoing.
[*]
"Effective Date" shall have the meaning set forth in the preamble to this Agreement.
"Escrowed Materials" shall mean the source code for the TiVo Experience Software and any related documentation reasonably necessary for supporting and
maintaining the TiVo Experience Software.
"Expenses" shall mean, collectively, legal, accounting and other fees, costs and expenses.
"Governance Rights" shall have the meaning set forth in Section 14.2(a)(i).
"Headend" shall mean the control center of a cable television system, where incoming signals are amplified, converted, processed and combined into a
common cable along with any original cablecasting, for transmission to subscribers, including super headends, master headends and distribution hubs.
"Home Networking Technology" shall mean hardware, software, standards or other technology that are designed for the purpose of creating or managing
internet protocol connections between
[*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment
has been requested with respect to the omitted portions.
A-4.