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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 violation of another party's r ights 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 claim s arisin g 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 SI RIUS 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
DOCUMENATION, REGARDLESS OF THE CAUSE, WILL I N 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 RIGH TS 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.