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provide you with additional content. You may opt out of receiving any additional content by changing the
settings in preferences menu of the Computer Software.
4. DIGITAL RIGHTS MANAGEMENT
. (a) The Software uses 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 communications 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 Receiver Software contains
software owned by PortalPlayer and/or its suppliers (the “PPI Software”). The PPI software includes MPEG
Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson. The Software also includes
Microsoft Windows M edia 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 use, and/or the terms of this EULA are breached. Sirius does not warrant that use of the
Software will be uninterrupted or that the operation of the Software will be error-free or secure. Depending
on manufacturer and model of your Receiver, you may or may not be entitled to upgrades of the Receiver
Software. Please check your Receiver owner’s manual for further information.
(b) SIRIUS LICENSES THE SOFTWARE TO YOU “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW SIRIUS AND ITS SUPPLIERS (INCLUDING MICROSOFT AND PORTALPLAYER)
HEREBY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR