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(d) You may use the Software only for your private, non-commercial use. You may not use the Software in
any way to provide, or as part of, any commercial service or application. Copies of content files, including
without limitation songs and other audio recordings, which are stored and/or transferred using the Software,
and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal
use only and you may not publicly perform them or distribute them to third parties.
(e) By storing content on the Receiver, you are making a digital copy. You may not use the Receiver or the
Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent
technological measures employed to control access to, or the rights in, a content file or other work protected
by the copyright laws of any jurisdiction.
(f) The Software embodies a serial copying management system required by the laws of the United States.
You may not circumvent 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) The PPI Software (as defined below) is “commercial computer software” and any accompanying
documentation is “commercial computer software documentation”. Use, duplication or disclosure of the PPI
Software and/or documentation by an agency or instrumentality of the U.S. government is subject to the
terms of this EULA pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable.
(i) 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 c hannels), 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. AUTOMATIC COMMUNICATIONS FEATURES; USE OF INFORMATION
. (a) The Computer Software
includes functionality that may automatically communicate information to Sirius over the Internet as part of
its normal operation. These communications features may be enabled by default. You may opt out of these
communications by changing the settings in preferences menu of the Computer Software. An initial list of
the communications features is listed below. The communications features may be changed by any
updates of the Computer Software that you install. By installing and/or using the Computer 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 connecti vity charges incurred through use of the Computer
Software.
(i) Once you install the Computer Software and connect the Receiver, the Computer Software may provide
Sirius with user information, including electronic identification number of the Receiver (the “ESN”).
(ii) The Computer Software may provide Sirius with the following information from time to time: the channels
of the Sirius Service that you listen to on the Receiver and the amount of time which you listen, the content
that you store on the Receiver, and the channels of the Sirius Service that you have set as presets on the
Sirius Receiver.
(b) Sirius may match the ESN and other information it receives to personally identifiable information
provided by you as part of your subscription to the Sirius Service. Sirius may use the information it receives
to keep statistics on the aggregated anonymous use of the Software and/or the Sirius Service and to