Sirius Satellite Radio Stiletto 2 Installation And User Manual page 140

also contain user-visible features that interact and communicate with internet services operated by Sirius, its partners and suppliers.
An initial list of the communications features is listed below. The communications features may be changed by any updates of the
Software that you install. By installing and/or using the Software and any related updates, you agree to permit the installation and
use of the communications features. You are responsible for any telecommunications or other connectivity charges incurred
through use of the Software.
(b) Once you install the Software and/or connect the Receiver (wired or wirelessly), the Software may provide Sirius and its
suppliers with information regarding the Receiver, including electronic identification number of the Receiver (the "ESN"). The
Software may also provide Sirius and its suppliers with the following non-personally identifying usage information, including, but not
limited to: Receiver hardware actions (e.g., keys pressed, reboots, crashes, upgrades, resets), the hardware and software revision
numbers on the Receiver, the channels/streams of the Sirius Service that you set/delete as presets/favorites on the Receiver, use of
parental controls, battery level, 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.
(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 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
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