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available space on the Receiver, connection method and signal strength. SIRIUS will not combine this utilization
information with any personally identifiable information. Instead, this information will be collected and analyzed to
evaluate overall performance of the software and the related products, for quality control and product enhancement
purposes and to keep statistics on the aggregated anonymous use of the Software and/or the SIRIUS Service. Your
personally identifiable information will not be collected in any way through this software, nor will your personally
identifiable information held by SIRIUS for other purposes (such as your subscription information) be combined with
this utilization data in any way.
4. DIGITAL RIGHTS MANAGEMENT. (a) The Software and the Device use the Microsoft digital rights management
technology for Windows Media ("WM-DRM") to protect the integrity of SIRIUS and third party content ("Secure
Content") so that the intellectual property, including without limitation, the copyright, in such content is not
misappropriated. Portions of the WM DRM software (the "WM-DRM Software") use WM-DRM to transfer or play
Secure Content. If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure
Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display, transfer, and/or
play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of
revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the
Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf
of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components
distributed with the WM-DRM software ("WM-DRM Upgrades") before accessing their content. When you attempt to
play such content, WM-DRM Software built by Microsoft may notify you that a WM-DRM Upgrade is required and then
ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software used by third parties may do the
same. You agree that Microsoft and other third parties may upgrade the WM-DRM Software without notice to you. If you
decline an upgrade, you will not be able to access content that requires the WM-DRM Upgrade; provided that, you will
still be able to access unprotected content and Secure Content that does not require the upgrade.
(b) You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by
the WM-DRM Software. SIRIUS is not responsible for the operation of the WM-DRM Software in any way, including
without limitation, revocation of the WM-DRM Software's right to copy, display, transfer, and/or play Secure Content.
SIRIUS is not responsible for any communications to or from any Secure Content Owner, or for the collection or use
of information by any Secure Content Owner.
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 includes Microsoft Windows Media
Technology. 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 other than the unmodified version of Receiver which the Software
was designed to be used as described in the Documentation, any modifications are made to the Software during
the warranty period, if the media is subjected to accident abuse or improper use, and/or the terms of this EULA
are breached. SIRIUS does not warrant that use of the Software will be uninterrupted or that the operation of the
Software will be error-free or secure. Depending on manufacturer and model of your Receiver, you may or may not be
entitled to upgrades of the Receiver Software. Please check your Receiver owner's manual for further information.
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(b) SIRIUS LICENSES THE SOFTWARE TO YOU "AS IS", AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW SIRIUS, ITS PARTNERS AND SUPPLIERS (INCLUDING MICROSOFT AND ZING) HEREBY DISCLAIM
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/JURISDICTION 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 same limited warranty for the period
remaining under the warranty that covered the original copy of the Software or if longer for 30 days after the date
SIRIUS either provided you with the repaired or replaced copy of the Software or advised you as to how to operate
the Software so as to achieve the functionality described in the Documentation, whichever is applicable. SIRIUS will
be obligated to honor its obligations in this Section 6(c) only if you inform SIRIUS of the problem with the Software
during the applicable warranty period and provide evidence of the date you acquired the Software.
7. INDEMNIFICATION. (a) You shall defend, indemnify and hold harmless SIRIUS, its officers, directors and employees,
from and against any losses, damages, fines and expenses. including without limitation, attorneys' fees and expenses,
arising out of or relating to any claims that you have: (i) viewed, downloaded, encoded, compressed, copied or
transmitted any in connection with the Software in violation of another party's rights or in violation of any law, or (ii)
violated any terms of this EULA and/or the Terms and Conditions.
(b) If you are importing the Software from the United States, you shall defend, indemnify and hold harmless SIRIUS
from and against any import and export duties or other claims arising from such importation.
8. LIMITATION OF LIABILITY. NEITHER SIRIUS, ITS PARTNERS, NOR SUPPLIERS (INCLUDING MICROSOFT AND
ZING) IS RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEqUENTIAL DAMAGES OR LOSSES RELATING
TO THE USE AND/OR PURCHASE OF THE SOFTWARE, THE DOCUMENTATION, THE RECEIVER AND/OR THE SIRIUS
SERVICE, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE AND/OR MALFUNCTION, WHETHER BASED ON
NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SIRIUS OR SUCH SUPPLIER (INCLUDING MICROSOFT AND
ZING) HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. SIRIUS TOTAL LIABILITY TO YOU AND ANY OTHER
PERSONS USING THE RECEIVER, THE SOFTWARE AND/OR THE DOCUMENTATION, REGARDLESS OF THE CAUSE,
WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO SIRIUS FOR THE RECEIVER, THE SOFTWARE
AND THE DOCUMENTATION. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES IS REFLECTED
IN SIRIUS' PRICES AND IS A FUNDAMENTAL ELEMENT OF SIRIUS AGREEMENT TO PROVIDE YOU WITH THE
SOFTWARE AND THE DOCUMENTATION. YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED ABOVE UNDER
YOUR STATE'S LAWS.
9. TERMINATION. (a) This EULA will automatically terminate without notice if you fail to comply with any of its terms.
(b) This EULA may also terminate without notice to you in the event SIRIUS' or any of its partners or suppliers
(including Microsoft and ZING) licenses for technology incorporated into the Software terminates.
(c) You may terminate this EULA at any time by providing SIRIUS with written notice of termination to: SIRIUS
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