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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 copy right, 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 r equired 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 achiev e 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 Y OU “AS IS”, AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW SIRIUS, ITS PARTNERS AND SUPPLIERS (INCLUDING
MICROSOFT AND ZING) HEREBY DI SCLAIM ALL OTHER WARRANTIES EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF