TiVo Reports Results for the Second Quarter Fiscal Year 2009 Ended July 31, 2008

* Reuters is not responsible for the content in this press release.

Wed Aug 27, 2008 4:01pm EDT

- Adjusted EBITDA for the second quarter was $10.6 million compared to a loss
of $(11.2) million in the year-ago quarter, exceeding guidance

ALVISO, Calif., Aug. 27 /PRNewswire-FirstCall/ -- TiVo Inc.
(Nasdaq: TIVO), the creator of and a leader in television services for digital
video recorders (DVRs), today reported financial results for the second
quarter ended July 31, 2008.
    "This was another solid financial quarter for TiVo as we continued to
improve our financial profile by posting substantially better than guided
Adjusted EBITDA of $10.6 million and net income of $2.9 million," said Tom
Rogers, President and CEO of TiVo. "During the quarter, we made significant
progress in several key areas of our business: in terms of our mass
distribution strategy, Comcast has reaffirmed its long term support for our
partnership as evidenced by its roll-out in Connecticut; our international
footprint continues to grow with Seven's successful introduction of TiVo to
the Australian market; and on the standalone side of the business, with the
recent addition of YouTube content delivered right to the TV set, our vision
of creating the ultimate television dream machine is coming to fruition as
subscribers now have access to the broadest array of content, options, and
features in the world, delivering consumers what they want, when they want
it."
    For the second quarter, service and technology revenues were
$53.5 million, compared with $56.5 million for the same period last year.
Adjusted EBITDA was $10.6 million, compared to guidance of $3 million to
$5 million and an Adjusted EBITDA loss of $(11.2) million in the year-ago
period.  The better than guidance net income and Adjusted EBITDA were driven
by better than expected hardware margin and lower than anticipated operating
expenses, primarily from less marketing expenditures. TiVo reported net income
of $2.9 million, compared to guidance of a net loss of $(2) to $(4) million
and a net loss of $(17.7) million in the second quarter of last year. Net
income per share was $0.03, compared to a loss of $(0.18) per share for the
second quarter of last year. Note that last year's second quarter net loss and
Adjusted EBTIDA results were impacted by an $11.2 million inventory reserve
related to standard definition product, and this quarter we benefitted from
the utilization of $1.4 million of that inventory reserve.
    In regards to our mass distribution strategy, a top Comcast executive
offered the following comments on the progress the TiVo on Comcast service has
made to date:  "We are pleased with the progress of the TiVo service and have
broadened its footprint in our New England market to Connecticut. Refinements
to optimize the product's performance have been mostly completed,
significantly improving the user experience. Importantly, we intend to light
up a full marketing campaign around TiVo in September and, upon this
occurring, we will be announcing multiple additional markets to which TiVo
will be rolled out through next year. We will also continue to fund
development work for the TiVo product, which will include expanding the
feature set and adding support for Tru2way infrastructure."
    Rogers stated, "Additionally, the TiVo service on Cox, which is currently
in trials, is on track for a launch in Cox's New England market later this
year."
    "On the international front, Seven and TiVo successfully launched the TiVo
service in Australia and because of the significant consumer demand there,
retailers chose to release the product early.  We are also extremely pleased
with the marketing shoulder Seven is putting behind this launch as they've
prominently featured TiVo in their marketing and programming including the
Olympic opening ceremonies, their top rated morning show, and a special
advertising spot they developed, which includes dozens of Australian
celebrities.  International distribution is an increasingly important
component of our business model and there continues to be tremendous interest
from international distributors for the TiVo offering."
    "In terms of our litigation with EchoStar and defending our intellectual
property, we are now in the enforcement phase of the process.  On September 4,
2008, there is a contempt hearing scheduled to determine whether EchoStar is
in contempt of the injunction that has already been upheld by the U.S. Court
of Appeals for the Federal Circuit, enjoining them from selling and operating
infringing units as well as to determine further damages from EchoStar's
continued infringement after September 2006.  We remain confident in the
outcome and look forward to final resolution in the near-future and to
realizing the value of our intellectual property."
    Mr. Rogers continued, "On the TiVo-Owned side of the business, our goal of
making our standalone product a comprehensive video solution - one box, one
remote, one user interface and a one-stop shop for all content from all
sources is becoming a reality.  We are continually adding more content choices
to our offering and recently announced the availability of YouTube. TiVo can
now provide access to more television and broadband content choices than any
other offering in the world, with thousands of movies and televisions shows
and millions of songs and videos available at any time."
    "Our continued efforts to focus on efficient marketing spend and to work
with third parties who make their own marketing expenditures on behalf of TiVo
is underscored by the decline of our quarterly subscription acquisition costs
(SAC) to $135, a considerable decrease when compared to SAC of $758 during the
same period last year even considering that the prior year's SAC included the
impact of the $11.2 million inventory reserve.  We are driving TiVo sales
through relationships with leading retailers and consumer electronic
manufacturers that will also market the product. For example, we are currently
working with many Best Buy stores in six of its larger markets where TiVo is
being made available as part of a special bundled offer as the recommended
cable set top box of choice to be purchased with HD televisions. Also in these
markets, Best Buy is creating a TiVo-branded living-room environment, making
the television entertainment experience as compelling as possible. These
efforts, along with others, will enable us to build on our standalone business
while we also manage subscription acquisition costs and overall marketing
expenditures."
    "Another key example of our partnering with third parties to use their
marketing resources to drive TiVo is the announcement we made today with the
leading consumer entertainment industry magazine, Entertainment Weekly.  We
are teaming up with Entertainment Weekly to deliver and jointly market its
'What to Watch' TV picks directly to the television while TiVo automatically
records the recommended shows. This ensures that broadband enabled TiVo users
always have these top picks available to watch whenever they tune in.  This
partnership allows two powerful brands to work together to create a seamless
television viewing experience, underscoring TiVo's goal of providing easy
solutions that bring together television viewing with an individual's
lifestyle.  We are encouraged by the number of media companies that continue
to express real interest in using TiVo's technology to help bring innovation
to their existing business models, and view these relationships as an
opportunity to drive incremental subscriptions in an efficient manner.
    TiVo-Owned subscription gross additions for the second quarter were
approximately 36,000, compared to 41,000 gross additions for the year-ago
period. The TiVo-Owned monthly churn rate was 1.5%, up from 1.3% in the prior
quarter and equivalent to the rate in the fourth quarter of fiscal 2008.
Overall, TiVo-Owned subscriptions ended the quarter at approximately 1.7
million. As expected, TiVo reported a net decline in MSOs/Broadcaster
subscriptions during the period as DIRECTV is no longer deploying new TiVo
boxes and other mass distribution deals are still in the early phases of
deployment. Cumulative total subscriptions as of July 31, 2008 were 3.6
million."
    Rogers continued, "We are also making solid progress in our advertising
business.  TiVo has created a number of ad solutions that are aimed at
overcoming the enormous challenge facing the television industry as DVR-based
consumer control becomes even more pervasive.  We continue to build strong
relationships with many television advertisers, advertising agencies,
television networks, and cable operators and are working with all of them to
solve the issues that come with commercial avoidance.  The progress we have
made is clear:  when compared to last year's second quarter, approximately 50
percent more advertisers utilized TiVo in the second quarter of this year.
This is an indication that TiVo will play a meaningful role in the future of
television advertising."
    "More specifically, we continue to prove that our ad solutions are some of
the most unique and innovative available to marketers.  We recently announced
a deal with Amazon that provides TiVo users with the ability to purchase
products from Amazon.com directly from their TV sets, enabling advertisers to
strategically promote merchandise on any network or program. The new Product
Purchase offering garnered significant media attention largely due to the fact
that the new interactive advertising solution is consistent with how people
actually watch television, and brings immediacy to product purchase because it
focuses on the media products themselves.  Critical to its success, viewers
can pause what they are watching while searching for and purchasing
merchandise right from their TV, and then return to their show without having
missed a second -- a component absent from previous failed interactive
advertising efforts attempted by many over the years. The application of this
approach to the increased use of product placements as an advertising tool is
also a very promising one."
    "In regards to our Audience Research & Measurement business, there is no
more important issue to the business of television than understanding the
impact of DVRs on viewing behavior. TiVo has been working closely with the
media industry to help bring higher levels of measurability to TV advertising,
similar to those achieved on the Internet.  During the quarter, we launched
our Power||Watch(TM) ratings service that provides, for the first time, a
report that gives commercial ratings in a DVR environment based on demographic
data.  This powerful research tool is essentially a companion to our flagship
Stop||Watch(TM) ratings service, which compiles second-by-second behavioral
and viewership data from a separate anonymous sample. A critical finding of
our new ratings service is that all types of viewers are fast-forwarding ads
at high rates, and the notion that only 'early adopters' of TiVo DVRs are
skipping commercials has now been debunked."
    "We also entered into an agreement with a leading media marketing research
company, TRA, to license anonymous viewing data from TiVo's standalone
subscription base and market a bundled offering that provides marketers with
the ability to get from a single source reports that measure the effectiveness
of advertising, by analyzing the long sought correlation between advertising
and precise purchasing data emanating from the very households that viewed the
advertising. The TiVo-TRA offering not only provides this unique view, but
does so on an unprecedented scale for up to one million households by
utilizing a proprietary method of matching anonymous viewing behavior with
purchasing behavior."
    Mr. Rogers concluded, "We believe this quarter we delivered strong
financial results, and continued to gain traction in our mass distribution
strategy, continued to expand our advertising and audience research business,
and continued to take the necessary steps for us to successfully capitalize on
the growth opportunities in our TiVo-Owned business in the future.  We are
beginning to see the results of our hard work and believe that we have all the
right pieces set in motion to move the business forward."
    Management Provides Financial Guidance
    For the third quarter of fiscal 2009, TiVo anticipates service and
technology revenues in the range of $49 million to $51 million, a net loss in
the range of ($7) million to ($9) million, and Adjusted EBITDA in the range of
($1) to $1 million.
    This financial guidance is based on information available to management as
of August 27, 2008. TiVo expressly disclaims any duty to update this guidance.
    Management's guidance includes Adjusted EBITDA, a non-GAAP financial
measure as defined in Regulation G. TiVo has provided a reconciliation of
EBITDA and Adjusted EBITDA to net income (loss) in the attached schedules
solely for the purpose of complying with Regulation G and not as an indication
that EBITDA or Adjusted EBITDA is a substitute measure for net income (loss).
    Conference Call and Webcast
    TiVo will host a conference call and Webcast to discuss the second quarter
financial and operating results and guidance outlook at 2:00 pm PT (5:00 pm
ET), today, August 27, 2008. To listen to the discussion, please visit
http://www.tivo.com/ir and click on the link provided for the Webcast or dial
(888) 245-0932 (no password required). The Webcast will be archived and
available through September 4, 2008 at http://www.tivo.com/ir or by calling
(719) 457-0820 and entering the conference ID number 3952414.
    About TiVo Inc.
    Founded in 1997, TiVo (Nasdaq: TIVO) pioneered a brand new category of
products with the development of the first commercially available digital
video recorder (DVR). Sold through leading consumer electronic retailers and
TiVo.com, TiVo has developed a brand which resonates boldly with consumers as
providing a superior television experience. Through agreements with leading
satellite and cable providers, TiVo also integrates its DVR service features
into the set-top boxes of mass distributors. TiVo's DVR functionality and ease
of use, with such features as Season Pass(TM) recordings and WishList(R)
searches and TiVo KidZone, have elevated its popularity among consumers and
have created a whole new way for viewers to watch television. With a continued
investment in its patented technologies, TiVo is revolutionizing the way
consumers watch and access home entertainment. Rapidly becoming the focal
point of the digital living room, TiVo's DVR is at the center of experiencing
new forms of content on the TV, such as broadband delivered video, music, and
photos. With innovative features, such as TiVoToGo(TM) transfers and online
scheduling, TiVo is expanding the notion of consumers experiencing "TiVo, TV
your way.(R)" The TiVo(R)service is also at the forefront of providing
innovative marketing solutions for the television industry, including a unique
platform for advertisers and audience research measurement.
    TiVo, "TiVo, TV your way." Season Pass, WishList, TiVoToGo, and the TiVo
Logo are trademarks or registered trademarks of TiVo Inc.'s subsidiaries
worldwide. (C) 2008 TiVo Inc. All rights reserved
    This release contains forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. These statements relate to,
among other things, TiVo's future business and growth strategies including
TiVo's mass distribution strategy and bundling efforts, profitability and
financial guidance, distribution of the TiVo service domestically with Comcast
and Cox and internationally with Seven in Australia , growth and innovation in
TiVo's advertising and audience research measurement business and the
licensing thereof, the timing and availability of broadband content, TiVo's
software development for the cable industry, the results of TiVo's litigation
with EchoStar, TiVo's future marketing spending and related activities, and
financial performance. Forward-looking statements generally can be identified
by the use of forward-looking terminology such as, "believe," "expect," "may,"
"will," "intend," "estimate," "continue," or similar expressions or the
negative of those terms or expressions. Such statements involve risks and
uncertainties, which could cause actual results to vary materially from those
expressed in or indicated by the forward-looking statements. Factors that may
cause actual results to differ materially include delays in development,
competitive service offerings and lack of market acceptance, as well as the
other potential factors described under "Risk Factors" in the Company's public
reports filed with the Securities and Exchange Commission, including the
Company's Annual Report on Form 10-K for the fiscal year ended January 31,
2008, Quarterly Report on Form 10-Q for the quarter ended April 30, 2008 and
Current Reports on Form 8-K. The Company cautions you not to place undue
reliance on forward-looking statements, which reflect an analysis only and
speak only as of the date hereof. TiVo disclaims any obligation to update
these forward-looking statements.


                                    TIVO INC.
                 CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
                (In thousands, except per share and share amounts)
                                   (unaudited)

                                  Three Months Ended        Six Months Ended
                                        July 31,                July 31,
                                    2008         2007        2008         2007

    Revenues
      Service revenues           $48,174     $53,376      $96,617    $107,531
      Technology revenues          5,369       3,084       11,776       7,016
      Hardware revenues           11,699       6,199       17,644       8,492
    Net revenues                  65,242      62,659      126,037     123,039
    Cost of revenues
        Cost of service
         revenues (1)             11,245      10,064       22,439      20,219
        Cost of technology
         revenues (1)              3,124       3,696        7,044       7,203
        Cost of hardware
         revenues                 15,249      28,271       25,593      38,919
      Total cost of revenues      29,618      42,031       55,076      66,341
          Gross margin            35,624      20,628       70,961      56,698
        Research and
         development (1)          15,323      15,070       30,071      29,315
        Sales and marketing
         (1)                       5,906       5,381       11,842      10,684
        Sales and marketing,
         subscription
         acquisition costs           888       9,015        2,047      14,805
        General and
         administrative (1)       10,869      10,392       21,205      21,614
          Total operating
           expenses               32,986      39,858       65,165      76,418
          Income (loss) from
           operations              2,638     (19,230)       5,796     (19,720)
      Interest income                421       1,331        1,000       2,747
      Interest expense and
       other                         (94)        209         (181)        126
          Income (loss) before
           income taxes            2,965     (17,690)       6,615     (16,847)
          Provision for income
           taxes                     (23)        -            (36)         (8)
      Net income (loss)           $2,942    $(17,690)      $6,579    $(16,855)
      Net income (loss) per
       common share - basic        $0.03      $(0.18)       $0.07      $(0.17)
      Net income (loss) per
       common share - diluted      $0.03      $(0.18)       $0.06      $(0.17)
      Weighted average
       common shares used to
       calculate basic net
       income (loss) per
       share                 100,025,002  97,084,184   99,705,914  96,956,656
      Weighted average
       common shares used to
       calculate diluted net
       income (loss) per
       share                 102,217,222  97,084,184  102,489,411  96,956,656

      (1) Includes stock-
       based compensation
       expense as follows :
          Cost of service
           revenues                 $239        $178         $430        $335
          Cost of technology
           revenues                  507         504        1,113         967
          Research and
           development             2,140       1,967        4,122       3,595
          Sales and marketing        336         332          876         808
          General and
           administrative          2,352       2,261        4,510       4,177



                                    TIVO INC.
                      CONDENSED CONSOLIDATED BALANCE SHEETS
                      (In thousands, except share amounts)
                                   (unaudited)

                                              July 31, 2008   January 31, 2008
                  ASSETS

    CURRENT ASSETS
    Cash and cash equivalents                     $105,777           $78,812
    Short-term investments                               -            20,294
    Accounts receivable, net of allowance
     for doubtful accounts of $1,263 and
     $1,194                                         14,456            20,019
    Inventories                                      9,910            17,748
    Prepaid expenses and other, current              3,685             3,792
      Total current assets                         133,828           140,665

    LONG-TERM ASSETS
    Property and equipment, net                     10,620            11,349
    Purchased technology, capitalized
     software, and intangible assets, net           12,225            13,522
    Prepaid expenses and other, long-term            1,735             1,513
    Long-term investments                            4,451               -
      Total long-term assets                        29,031            26,384
          Total assets                            $162,859          $167,049

       LIABILITIES AND STOCKHOLDERS'
                  EQUITY

    LIABILITIES
      CURRENT LIABILITIES
      Accounts payable                             $14,211           $23,615
      Accrued liabilities                           25,273            28,834
      Deferred revenue, current                     54,357            59,341
        Total current liabilities                   93,841           111,790

      LONG-TERM LIABILITIES
      Deferred revenue, long-term                   30,604            38,128
      Deferred rent and other                          145               309
        Total long-term liabilities                 30,749            38,437
          Total liabilities                        124,590           150,227

      COMMITMENTS AND CONTINGENCIES

    STOCKHOLDERS' EQUITY
      Preferred stock, par value $0.001:
        Authorized shares are 10,000,000;
        Issued and outstanding shares -
         none                                            -                 -
      Common stock, par value $0.001:
        Authorized shares are
         275,000,000;
        Issued shares are 102,225,380 and
         100,098,426, respectively, and
         outstanding shares are
         102,008,361 and 99,970,947,
         respectively                                  102               100
      Additional paid-in capital                   808,753           792,654
      Accumulated deficit                         (768,507)         (775,086)
      Treasury stock, at cost - 217,019
       shares and 127,479 shares,
       respectively                                 (1,530)             (846)
      Unrealized loss on marketable
       securities                                     (549)                -
          Total stockholders' equity                38,269            16,822
          Total liabilities and
           stockholders' equity                   $162,859          $167,049



                                    TIVO INC.
                 CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
                                  (In thousands)
                                   (unaudited)
                                                     Six Months Ended July 31,
                                                       2008              2007

    CASH FLOWS FROM OPERATING ACTIVITIES
       Net income (loss)                             $6,579          $(16,855)
       Adjustments to reconcile net
        income (loss) to net cash provided
        by(used in) operating activities:
          Depreciation and amortization of
           property and equipment and
           intangibles                                5,070             5,206
          Stock-based compensation expense           11,051             9,882
          Inventory write-down                            -             7,486
          Loss on inventory barter
           transaction                                    -               989
          Allowance for doubtful accounts                69               637
       Changes in assets and liabilities:
          Accounts receivable                         5,494             6,502
          Inventories                                 7,838            (3,007)
          Prepaid expenses and other                   (115)              224
          Accounts payable                           (9,595)          (17,218)
          Accrued liabilities                        (3,561)           (8,011)
          Deferred revenue                          (12,508)          (15,613)
          Deferred rent and other long-
           term liabilities                            (164)             (128)
            Net cash provided by(used in)
             operating activities                   $10,158          $(29,906)
    CASH FLOWS FROM INVESTING ACTIVITIES
       Purchases of short-term and long-
        term investments                                -             (15,014)
       Sales of short-term investments               15,294             9,000
       Acquisition of property and
        equipment                                    (2,535)           (3,900)
       Acquisition of capitalized software
        and intangibles                                (318)             (375)
            Net cash provided by (used in)
             investing activities                   $12,441          $(10,289)
    CASH FLOWS FROM FINANCING ACTIVITIES
       Proceeds from issuance of common
        stock related to exercise of
        common stock options                          5,050             1,484
       Proceeds from issuance of common
        stock related to employee stock
        purchase plan                                     -             1,826
       Treasury Stock - repurchase of
        stock for tax withholding                      (684)             (265)
            Net cash provided by financing
             activities                              $4,366            $3,045
    NET INCREASE (DECREASE) IN CASH AND
     CASH EQUIVALENTS                               $26,965          $(37,150)

    CASH AND CASH EQUIVALENTS:
       Balance at beginning of period                78,812            89,079
       Balance at end of period                    $105,777           $51,929



                                  TIVO INC.
                                  OTHER DATA
                                                                    Guidance
                                                                Reconciliation
                                                                  Three Months
                           Three Months Ended   Six Months Ended     Ending
                                July 31,            July 31,       October 31,
                           2008       2007      2008       2007       2008
                            (In thousands)      (In thousands)   (in millions)

    Net income (loss)    $2,942   $(17,690)   $6,579   $(16,855)  $(7) - $(9)
    Add back:
      Depreciation &
       amortization       2,498      2,586     5,070      5,206     $2 - $3
      Interest income &
       expense             (405)    (1,324)     (969)    (2,724)     $(1)
      Provision for
       income tax            23          -        36          8     $0 - $1
        EBITDA            5,058    (16,428)   10,716    (14,365)     $(6)
      Stock-based
       compensation       5,574      5,242    11,051      9,882     $5 - $7
        Adjusted
         EBITDA         $10,632   $(11,186)  $21,767    $(4,483)  $(1) - $1

    EBITDA and Adjusted EBITDA Results. TiVo's "EBITDA" means income before
interest income and expense, provision for income taxes and depreciation and
amortization.  TiVo's "Adjusted EBITDA" is EBITDA less expense for stock-based
compensation. EBITDA and Adjusted EBITDA are not measures of financial
performance under generally accepted accounting principles, which we refer to
as GAAP. A table reconciling TiVo's EBITDA and Adjusted EBITDA to GAAP net
income is included with the condensed consolidated financial statements
attached to this release.  We have presented EBITDA and Adjusted EBITDA solely
as supplemental disclosure because we believe they allow for a more complete
analysis of our results of operations and we believe that EBITDA and Adjusted
EBITDA are useful to investors because EBITDA and Adjusted EBITDA are commonly
used to analyze companies on the basis of operating performance. In addition,
because of the variety of equity awards used by companies, the varying
methodologies for determining stock-based compensation expense, and the
subjective assumptions involved in those determinations, we believe excluding
stock-based compensation enhances the ability of management and investors
evaluate our operating performance over multiple periods. Management does not
use EBITDA or Adjusted EBITDA as a measure of liquidity because, among other
things, they do not exclude the impact of deferred revenues associated with
the amortization of product lifetime subscriptions. We do not use stock-based
compensation expense in our internal measures. A limitation associated with
these non-GAAP measures is that they do not include any stock-based
compensation expense related to hiring, retaining, and incentivizing the
Company's workforce.  EBITDA and Adjusted EBITDA are not intended to
represent, and should not be considered more meaningful than, or as an
alternative to, measures of operating performance as determined in accordance
with GAAP.


                                  TIVO INC.
                                  OTHER DATA

        Subscriptions
                                                   Three Months Ended July 31,
          (Subscriptions in thousands)                2008              2007

        TiVo-Owned Subscription Gross
         Additions                                      36                41

        Subscription Net
         Additions/(Losses):
        TiVo-Owned                                     (42)              (19)
        MSOs/Broadcasters                             (136)             (126)
            Total Subscription Net
             Additions/(Losses)                       (178)             (145)
        Cumulative Subscriptions:
        TiVo-Owned                                   1,686             1,708
        MSOs/Broadcasters                            1,937             2,489
            Total Cumulative
             Subscriptions                           3,623             4,197
        % of TiVo-Owned Cumulative
         Subscriptions paying recurring fees            60%               59%

    Included in the 1,686,000 TiVo-Owned subscriptions are approximately
194,000 lifetime subscriptions that have reached the end of the period TiVo
uses to recognize lifetime subscription revenue.  These lifetime subscriptions
no longer generate subscription revenue.
    Subscriptions. Management reviews this metric, and believes it may be
useful to investors, in order to evaluate our relative position in the
marketplace and to forecast future potential service revenues. The TiVo-Owned
lines refer to subscriptions sold directly or indirectly by TiVo to consumers
who have TiVo-enabled DVRs and for which TiVo incurs acquisition costs. The
MSOs/Broadcasters lines refer to subscriptions sold to consumers by
MSOs/Broadcasters such as DIRECTV, Cablevision Mexico, Seven(Australia), and
Comcast for which TiVo expects to incur little or no acquisition costs.
Additionally, we provide a breakdown of the percent of TiVo-Owned
subscriptions for which consumers pay recurring fees, including on a monthly
and a prepaid one, two, or three year basis, as opposed to a one-time prepaid
product lifetime fee.
    We define a "subscription" as a contract referencing a TiVo-enabled DVR
for which (i) a consumer has committed to pay for the TiVo service and (ii)
service is not canceled. We count product lifetime subscriptions, until both
of the following conditions are met: (i) the period we use to recognize
product lifetime subscription revenues ends; and (ii) the related DVR has not
made contact to the TiVo service within the prior six-month period. Product
lifetime subscriptions past this period which have not called into the TiVo
service for six months are not counted in this total. During the quarter ended
April 30, 2006, we discontinued general sale of the product lifetime service
option. During the quarter ended January 31, 2008, we began offering product
lifetime service subscriptions only to existing customers and in May 2008 we
began offering product lifetime subscriptions to all customers. Effective
November 1, 2007, we have extended the period we use to recognize product
lifetime subscription revenues from 48 months to 54 months for product
lifetime subscriptions acquired on or before October 31, 2007. Additionally,
we also increased the amortization period to 60 months for new product
lifetime subscriptions acquired on or after November 1, 2007. We are not aware
of any uniform standards for defining subscriptions and caution that our
presentation may not be consistent with that of other companies. Additionally,
the subscription fees that some of our MSOs/Broadcasters pay us may be based
upon a specific contractual definition of a subscriber or subscription which
may not be consistent with how we define a subscription for our reporting
purposes.


                                    TIVO INC.
                        OTHER DATA - KEY BUSINESS METRICS

                                                   Three Months Ended July 31,
    TiVo-Owned Churn Rate                             2008              2007
                                                     (In thousands, except
                                                        churn rate per month)
    Average TiVo-Owned subscriptions                 1,712             1,719
    TiVo-Owned subscription cancellations              (78)              (60)
    TiVo-Owned Churn Rate per month                   -1.5%             -1.2%

    TiVo-Owned Churn Rate per Month. Management reviews this metric, and
believes it may be useful to investors, in order to evaluate our ability to
retain existing TiVo-Owned subscriptions (including both monthly and product
lifetime subscriptions) by providing services that are competitive in the
market. Management believes factors such as service enhancements, service
commitments, higher customer satisfaction, and improved customer support may
improve this metric. Conversely, management believes factors such as increased
competition, lack of competitive service features such as high definition
television recording capabilities for our low cost product offerings, and
increased price sensitivity may cause our TiVo-Owned Churn Rate per month to
increase.
    We define the TiVo-Owned Churn Rate per month as the total TiVo-Owned
subscription cancellations in the period divided by the Average TiVo-Owned
subscriptions for the period (including both monthly and product lifetime
subscriptions), which then is divided by the number of months in the period.
We calculate Average TiVo-Owned subscriptions for the period by adding the
average TiVo-Owned subscriptions for each month and dividing by the number of
months in the period. We calculate the average TiVo-Owned subscriptions for
each month by adding the beginning and ending subscriptions for the month and
dividing by two. We are not aware of any uniform standards for calculating
churn and caution that our presentation may not be consistent with that of
other companies.


                                       Three Months Ended  Twelve Months Ended
                                             July 31,            July 31,
                                           2008     2007      2008      2007
    Subscription Acquisition Costs            (In thousands, except SAC)

    Sales and marketing, subscription
     acquisition costs                      $888   $9,015   $18,292   $29,736
    Hardware revenues                    (11,699)  (6,199)  (50,950)  (41,858)
    Less: MSOs/Broadcasters-related
     hardware revenues                     4,934        -     5,632         -
    Cost of hardware revenues             15,249   28,271    78,592   114,378
    Less: MSOs/Broadcasters-related
     cost of hardware revenues            (4,515)       -    (5,096)        -
        Total Acquisition Costs            4,857   31,087    46,470   102,256
        TiVo-Owned Subscription Gross
         Additions                            36       41       262       362
        Subscription Acquisition Costs
         (SAC)                              $135     $758      $177      $282

    Subscription Acquisition Cost or SAC. Management reviews this metric, and
believes it may be useful to investors, in order to evaluate trends in the
efficiency of our marketing programs and subscription acquisition strategies.
We define SAC as our total acquisition costs for a given period divided by
TiVo-Owned subscription gross additions for the same period. In the first
fiscal quarter of 2008, we revised our definition of total acquisition costs.
We now define total acquisition costs as sales and marketing, subscription
acquisition costs less net TiVo-Owned related hardware revenues (defined as
TiVo-Owned related gross hardware revenues less rebates, revenue share and
market development funds paid to retailers) plus TiVo-Owned related cost of
hardware revenues. The sales and marketing, subscription acquisition costs
line item includes advertising expenses and promotion-related expenses
directly related to subscription acquisition activities, but does not include
expenses related to advertising sales. We do not include third parties
subscription gross additions, such as MSOs/Broadcasters' gross additions with
TiVo subscriptions, in our calculation of SAC because we incur limited or no
acquisition costs for these new subscriptions. We are not aware of any uniform
standards for calculating total acquisition costs or SAC and caution that our
presentation may not be consistent with that of other companies.


                                                   Three Months Ended July 31,
    TiVo-Owned Average Revenue per Subscription         2008           2007
                                                   (In thousands, except ARPU)

    Total Service revenues                           $48,174        $53,376
    Less:  MSOs/Broadcasters-related
     service revenues                                 (5,781)        (6,553)
    TiVo-Owned-related service revenues               42,393         46,823
    Average TiVo-Owned revenues per month             14,131         15,608
    Average TiVo-Owned per month subscriptions         1,712          1,719
    TiVo-Owned ARPU per month                          $8.25          $9.08


                                                   Three Months Ended July 31,
    MSOs/Broadcasters Average Revenue
     per Subscription                                   2008           2007
                                                  (In thousands, except ARPU)

    Total Service revenues                           $48,174        $53,376
    Less:  TiVo-Owned-related service revenues       (42,393)       (46,823)
    MSOs/Broadcasters-related service revenues         5,781          6,553
    Average MSOs/Broadcasters revenues per month       1,927          2,184
    Average MSOs/Broadcasters per month
     subscriptions                                     2,009          2,554
    MSOs/Broadcasters ARPU per month                   $0.96          $0.86

    Average Revenue Per Subscription or ARPU. Management reviews this metric,
and believes it may be useful to investors, in order to evaluate the potential
of our subscription base to generate revenues from a variety of sources,
including subscription fees, advertising, and audience research measurement.
ARPU does not include rebates, revenue share and other payments to channel
that reduce our GAAP revenues. As a result, you should not use ARPU as a
substitute for measures of financial performance calculated in accordance with
GAAP. Management believes it is useful to consider this metric excluding the
costs associated with rebates, revenue share and other payments to channel
because of the discretionary and varying nature of these expenses and because
management believes these expenses, which are included in hardware revenues,
net, are more appropriately monitored as part of SAC. We are not aware of any
uniform standards for calculating ARPU and caution that our presentation may
not be consistent with that of other companies.
    We calculate ARPU per month for TiVo-Owned subscriptions by subtracting
MSOs/Broadcaster-related service revenues (which includes MSOs/Broadcasters'
subscription service revenues and MSOs/Broadcasters'-related advertising
revenues) from our total reported net service revenues and dividing the result
by the number of months in the period. We then divide by Average TiVo-Owned
subscriptions for the period, calculated as described above for churn rate.
The above table shows this calculation.
    We calculate ARPU per month for MSOs/Broadcasters' subscriptions by first
subtracting TiVo-Owned-related service revenues (which includes TiVo-Owned
subscription service revenues and TiVo-Owned related advertising revenues)
from our total reported service revenues. Then we divide average revenues per
month for MSOs/Broadcasters'-related service revenues by the average
MSOs/Broadcasters' subscriptions for the period.
    Beginning in February 2006, pursuant to the most recent amendment of our
agreement with DIRECTV, TiVo began deferring a portion of the DIRECTV
subscription fees equal to the fair value of the undelivered development
services. Additionally, beginning in February 2007, DIRECTV began paying us a
monthly fee for all DIRECTV households with DIRECTV receivers with TiVo
service similar to the lower amount paid by DIRECTV for households with
DIRECTV receivers with TiVo service deployed since March 15, 2002, subject to
a monthly minimum payment by DIRECTV.
SOURCE  TiVo Inc.

Investor Relations, Derrick Nueman of TiVo Inc., +1-408-519-9677, ir@tivo.com;
Media Relations, Whit Clay of Sloane & Company, +1-212-446-1864,
wclay@sloanepr.com, for TiVo Inc.
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