TiVo 2011 Annual Report Download - page 135

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AT&T Intellectual Property II, L.P., and their Subsidiaries and any other Person established or maintained by AT&T or its
Subsidiaries for holding rights to Patents on behalf or for the benefit of AT&T or any of its Subsidiaries are (and will be deemed to be)
Subsidiaries for purposes of the licenses and releases granted to TiVo and its Subsidiaries herein; (iii) AT&T has obtained Microsoft's
agreement to dismiss the Pending Litigation as set forth in Section 2.4; and (iv) the Threshold Amount is equal to [*].
6.2. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN SECTION 6.1, RIGHTS WITH RESPECT
TO PATENTS ARE PROVIDED “AS IS,” AND NO PARTY MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES
BY VIRTUE OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED. Without limiting the foregoing disclaimer, it is
understood and agreed that nothing in this Agreement shall be construed as:
(a) a warranty or representation by any Party as to the validity or scope of any of its Patents;
(b) a warranty or representation by any Party that any manufacture, sale, use or other disposition of products by
another Party has been or will be free from infringement of any Patents;
(c) an agreement by any Party to bring or prosecute actions or suits against any other Person for infringement, or
conferring any right to the other Party to bring or prosecute actions or suits against any other Person for infringement;
(d) conferring upon any Party or its Subsidiaries any right to include in advertising, packaging or other commercial
activities related to its products and services licensed under this Agreement, any reference to another Party (or any of its Subsidiaries),
its trade names, trademarks or service marks in a manner which would be likely to cause confusion as to source of origin or to indicate
that such product or service licensed under this Agreement is in any way certified by the other Party or its Subsidiaries;
(e) conferring by implication, estoppel or otherwise, upon either Party, any right or license under any Patents
except for the releases and licenses expressly granted hereunder; or
(f) an obligation to furnish any technical information, copyrights, mask works or know-how.
Section 7. CONFIDENTIALITY AND PUBLICITY
7.1. Press Release. TiVo may release a press release concerning the settlement of the Pending Litigation in the form of
Exhibit B (the “ Press Release”).
7.2. Confidentiality. Except as set forth in the Press Release and as set forth in the
[*] 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.