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including without limitation, applicable restrictions concerning copyright and other intellectual
property rights.
(d) You may use t he Software only for your private, non-commercial use. You may not use the
Software in any way to provide, or as part of, any commercial service or application. Copies of
content files, including without limitation songs and other audio recordings, which are stored
and/or transferred using the Software, and which are protected by the copyright laws or related
laws of any jurisdiction, 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, or the rights in,
a content file or other work protected by the copyright laws of any jurisdiction.
(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.
(g) You shall not export or re-export the Software or the Receiver without the appropriate U.S.
or foreign government licenses.
(h) MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson. Supply
of the Receiver and the Software does not convey a license nor imply any right to distribute
content created with this product in revenue-generating broadcast systems (terrestrial, satellite,
cable and/or other distribution channels), streaming applications (via Internet, intranets and/or
other networks), other content distribution systems (pay-audio or audio-on-demand applications
and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips,
hard drives, mem ory cards and the like). An independent license for such use is required. For
details, please visit http://mp3licensing.com.”
3. COMMUNICATIONS FEATURES; USE OF INFORMATION. (a) The Softw are includes
functionality that may automatically communicate information to Sirius, its partners and
suppliers over the Internet as part of its normal operation. The Software may also contain user-
visible features that interact and comm unicate 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 with information regarding the Receiver, including electronic
identification number of the Receiver (the “ESN”). The Software may also provide Sirius 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 par ental 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