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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 accordan ce 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 f oregoin g, 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. §§2510-2521, may be decided only by a
court of competent jurisdiction.
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 receiv es them 1221 Avenue of the Americas,
36
th
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 transfe r 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.