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
(b)You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by the
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
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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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