Sirius Satellite Radio 100 Portable Radio User Manual

(c) You may terminate this EULA at any time by providing Sirius with written notice of
termination to: Sirius Satellite R adio Inc., 1221 Avenue of the Americas, 36
Floor, New York,
New York 10020, Attention: My Sirius Studio/Stiletto Software Termination.
(d) Upon any termination of this EULA, you shall immediately discontinue use of the Software
and shall within three days return to Sirius, or certify destruction of, all full or partial copies of the
Software, documentation and related materials provided by Sirius. Your obligation to pay
accrued charges and fees shall survive any termination of this License Agreement.
(e) Except for the license granted in paragraph 1, the terms of this EULA shall survive
termination under this paragraph 9.
10. RESOLVING DISPUTES. In order to expedite and control the cost of disputes, you agree
that any legal equitable claim (a “Claim”) relating to the Software, the Documentation and/or this
EULA, will be resolved as follows:
(a) Informal Resolution. You and Sirius will firs t try to resolve any Claim informally. Accordingly,
neither you nor Sirius may start a formal proceeding (except for Claims described in Section
10(d)) for at least 60 d ays after one of us notifies the other of a Claim in writing. To initiate a
Claim, you must send notice by U.S. mail to: Sirius Satellite Radio Inc., 1221 Avenue of the
Americas, 36
Floor, New York, New York 10020, Attention: General Counsel. If Sirius initiates
a Claim, notice will be sent to your address on file with Sirius.
(b) Formal Resolution. Except as provided in Section 10(d), if you and Sirius cannot resolve a
Claim informally, any Claim either of you or Sirius asserts will be resolved only by binding
arbitration. The arbi tration will be conducted under the Commercial Arbitration Rules of the
American Arbitration Association (the “AAA Rules”) that are in effect at the time the arbitration is
initiated and under the rules set forth in this EULA. If there is a conflict between the AAA Rules
RIGHT TO A JURY TRIAL. If you initiate an arbitration, you agree to pay a fee of $125 or, if less
and you notify Sirius in writing, the amount that you would pay to initiate a lawsuit against Sirius
in the appropriate court of your state. Sirius agrees to pay any additional fee or deposit required
by the American A rbitration Association in excess of your filing fee. Sirius also agrees to pay
the costs of the arbitration proceeding up to a maximum of one-half day (four hours) of hearings.
Other fees, such as attorney’s fees, expenses, travel to the arbitration and the costs of a
proceeding that goes beyond one-half day, will be paid in accordance with the AAA Rules. The
arbitration will be held at a location within 100 miles of your residence unless you and Sirius
both agree to another location. To start the arbitration, you o r Sirius must do the following
(i) Write a demand for arbitration. The demand must include a description of the Claim
and the amount of damages sought to be recovered;
(ii) Send three copies of the d emand for arbitration plus the appropriate filing fee to:
American Arbitration Association, 601 Pennsylvania Avenue, N.W., Suite 700,
Washington, D.C. 20004; and
(iii) Send one copy of the demand for arbitration by U.S. mail to Sirius Satellite Radio
Inc., 1221 Avenue of the Americas, 36
Floor, New York, New York 10020, Attention:
General Counsel, or to your address on file with Sirius (if Sirius starts the arbitration).
(c) Binding Effect. In the arbitration proceeding, the arbitrator must follow applicable law , and
any award may be challenged if the arbitrator fails to do so. The arbitrators shall not have the