End User License Agreement (Eula) - Sirius Satellite Radio S50 Manual

End User License Agreement (EULA)

This section contains an end user license agreement which you agree to accept and be bound
by when you use the products described in this section. Please read and understand this
agreement before using the Sirius S50 or the SIRIUS PC software.
This End User License Agreement (this "EULA") sets forth the agreement between you and Sirius Satellite Radio Inc. ("Sirius") for
the use of the software in the Sirius S-50 Sirius satellite radio receiver (the "Receiver Software"), the Sirius S-50 computer software
(the "Computer Software" and, together with the Receiver Software, the "Software") and their use with Sirius S50 Sirius satellite radio
receiver and accessories (the "Receiver") and Sirius' satellite radio service (the "Sirius Service").
In addition, for your use of the Sirius Service, you agree to be bound by the "Terms & Conditions of Service" set forth at: http://www.
sirius.com/serviceterms (the "Terms and Conditions").
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS EULA. BY USING THE RECEIVER AND
THE RECEIVER SOFTWARE, CLICKING ON THE "ACCEPT" BUTTON TO INSTALL THE COMPUTER SOFTWARE, AND/OR
INSTALLING, COPYING OR OTHERWISE USING THE COMPUTER SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, CLICK ON THE "CANCEL" BUTTON IF YOU ARE
INSTALLING THE COMPUTER SOFTWARE SO THAT IT IS NOT INSTALLED, AND DO NOT USE THE RECEIVER.
1. GRANT OF LICENSE. Sirius hereby grants to you a non-exclusive, limited, license to use the Software and any related documen-
tation (the "Documentation"). You may: (a) use the Computer Software on any single computer; (b) use the Computer Software on
back-up and archival purposes; provided that any copy must contain all of the original Software's proprietary notices. You may use
the Receiver Software only as part of the Receiver. Sirius and its suppliers retain all rights not expressly granted herein.
2. LICENSE RESTRICTIONS. (a) You must be at least 18 years old to assume the obligations set forth in this EULA. Minors may use
the Software and the Documentation only if a parent or legal guardian assumes the obligations set forth in this EULA and thereby
assumes full responsibility for the minor's use of the Software and the Documentation.
(b) You may not: (i) permit other individuals to use the Computer Software; (ii) modify, translate, reverse engineer, decompile,
disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the
Software or the Documentation; (iii) copy the Software or the Documentation (except as permitted by Section 1(c)); (iv) rent, lease,
transfer, or otherwise transfer rights to the Software or the Documentation and/or (v) remove any proprietary notices or labels on the
Software or the Documentation. Any violations of this Section 2(b) will immediately terminate your license to the Software and the
Documentation.
(c) You may use the Software and the Documentation only in a manner that complies with all applicable laws in the jurisdictions in
which you use the Software and the Documentation, including without limitation, applicable restrictions concerning copyright and
other intellectual property rights.
(d) You may use the Software only for your private, non-commercial use. You may not use the Software in any way to provide, or as
which are stored and/or transferred using the Software, and which are protected by the copyright laws or related laws of any jurisdic-
8 [ ]
Important
tion, are for your own personal use only and you may not publicly perform them or distribute them to third parties.
(e) By storing content on the Receiver, you are making a digital copy. You may not use the Receiver or the Software in an attempt to,
or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to,
(f) The Software embodies a serial copying management system required by the laws of the United States. You may not circumvent
or attempt to circumvent this system by any means.
3. AUTOMATIC COMMUNICATIONS FEATURES; USE OF INFORMATION. (a) The Computer Software includes functionality
that may automatically communicate information to Sirius over the Internet as part of its normal operation. These communications
features may be enabled by default. You may opt out of these communications by changing the settings in preferences menu of the
Computer Software. An initial list of the communications features is listed below. The communications features may be changed in
any updates of the Computer Software that you install. By installing and/or using the Computer Software and any related updates,
you agree to permit the communications features. You are responsible for any telecommunications or other connectivity charges
incurred through use of the Computer Software.
(i) Once you install the Computer Software and connect the Receiver, the Computer Software may provide Sirius with user informa-
(ii) The Computer Software may provide Sirius with the following information from time to time: the channels of the Sirius Service that
you listen to on the Receiver and the amount of time which you listen, the content that you store on the Receiver, and the channels of
the Sirius Service that you have set as presets on the Sirius Receiver.
subscription to the Sirius Service. Sirius may use the information it receives to keep statistics on the aggregated anonymous use
of the Software and/or the Sirius Service and to provide you with additional content. . You may opt out of receiving any additional
content by changing the settings in preferences menu of the Computer Software.
4. DIGITAL RIGHTS MANAGEMENT. The Software includes Windows Media Audio ("WMA") digital rights management ("DRM")
software (the "DRM Software"). The WMA DRM Software is designed to manage and enforce intellectual property rights in digital
content. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by the WMA
DRM Software. Sirius is not responsible for the operation of the WMA DRM Software in any way, including without limitation, revoca-
tion of your content. Sirius is not responsible for any communications to or from any third party content provider, or for the collection
or use of information by third party content provider. You agree to the communications enabled and/or performed by the WMA DRM
Software, including without limitation, automatic updating of the WMA DRM Software without notice to you.
5. OWNERSHIP. All title, ownership, rights, and intellectual property rights in and to the Software and the Documentation shall remain
in the property of Sirius and its licensors. The Software is protected by the copyright laws of the United States and international
copyright treaties.
6. WARRANTIES. (a) Sirius warrants that for a period of 90 days from the date of your acquisition the Software if operated as
directed, will substantially achieve the functionality described in the Documentation and will be free from defects in material and
workmanship. This warranty shall immediately terminate if the Software is used on or in conjunction with hardware or software
use, and/or you violate the terms of this EULA. Sirius does not warrant that your use of the Software will be uninterrupted or that the
operation of the Software will be error-free or secure.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SIRIUS HEREBY DISCLAIMS ALL OTHER WARRANTIES
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND THE DOCUMENTATION. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDIC-
TION TO STATE/JURISDICTION.
(c) Sirius' sole liability for a breach of its warranties shall be in Sirius' sole discretion: (i) to replace your defective media, (ii) to advise
you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure
different from that set forth in the Documentation and/or (iii) if the above remedies are impracticable, to refund the license fee, if any,
you paid for the Software. Repaired, corrected or replaced copies of the Software and the Documentation shall be covered by the
[ ] 9
Important