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[ EULA ]
72
vent 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, memory 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 Software 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 communicate 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 informa-
tion 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 chan-
nels/streams of the Sirius Service that you set/delete as presets/favorites on the Receiver, use of parental 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 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 copyright, 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 required 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 communi-
cations 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 achieve 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