power, jurisdiction or authority to waive, amend and/or modify any of the terms or provisions of this EULA. The arbitrators shall enforce this EULA in accordance with its terms and provisions. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. A court may sever any portion of this Section 9 that it finds to be unenforceable.
(d)Exceptions. Notwithstanding the foregoing, any: (i) dispute over the validity of intellectual property rights or Sirius licenses to operate its business; (ii) Claim based on Section 2(a) above; and (iii) dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §605, or the Electronic Communications Privacy Act, 18 U.S.C.
11.MISCELLANEOUS. (a) Notice. Notices to you will be deemed given when deposited in the mail or when sent by email. Notices may be included in statements or other communications to you. Sirius may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with Sirius. Your
notices to Sirius will be deemed given when Sirius receives them 1221 Avenue of the Americas, 36th Floor, New York, New York 10020, Attention: General Counsel.
(b)Applicable Law. The interpretation and enforcement of this EULA shall be governed by the internal laws of the State of New York. This EULA is subject to modification if required by such laws. Notwithstanding the foregoing, Section 10 shall be governed by the Federal Arbitration Act. You agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this EULA.
(c)Assignment. Except as set forth in this paragraph 11(c), you may not assign your rights and/or obligations under this EULA to any third party. If you sell or otherwise transfer the Receiver as a whole, you may transfer the Receiver Software as fully integrated into the Receiver; provided that you also supply this EULA to the purchaser or recipient of the Receiver, at which time all of your rights under this EULA will immediately cease. Sirius may assign its rights and/or obligations under this EULA to any third party without notice for any purpose, including without limitation, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of Sirius’ assets to another entity. You hereby consent to such assignment.
(d)No Waiver. No failure or delay on the part of Sirius, its partners or its suppliers (including Microsoft and ZING) in exercising any right, power or privilege hereunder and no course of dealing by Sirius, its partners or its suppliers (including Microsoft and ZING) shall operate as a waiver of any right, power or privilege hereunder.
(e)Other. This EULA constitutes the entire agreement between you and Sirius relating to your use of the Software and the Documentation. No salesperson or other representative is authorized to change it for you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this EULA will remain enforceable.
12.THIRD PARTY LICENSES. The Software contains software, libraries and other tools provided by third parties, which are subject to the restrictions below.
(a)busybox. Copyright © 2006. Jef Poskanzer. busybox is distributed under the GNU General Public License. A copy of the GNU General Public License may be found at http://www.gnu.org/copyleft/gpl.html. Portions of the work were modified by Zing Systems, Inc.
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