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PURPOSE WITH REGARD TO THE SOFTWARE AND THE DOCUMENTATION. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(c) Sirius’ sole liability for a breach of its warranties shall be in Sirius’ sole discretion: (i) to replace your
defective media, (ii) to advise you how to achieve substantially the same functionality with the Software as
described in the Documentation through a procedure different from that set forth in the Documentation
and/or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the
Software. Repaired, corrected or replaced copies of the Software and the Documentation shall be covered
by the same limited warranty for the period remaining under the warranty that covered the original copy of
the Software or if longer for 30 days after the date Sirius either provided you with the repaired or replaced
copy of the Software or advised you as to how to operate the Software so as to achieve the functionality
described in the Documentation, whichever is applicable. Sirius will be obligated to honor its obligations in
this Section 6(c) only if you inform Sirius of the problem with the Software during the applicable warranty
period and provide evidence of the date you acquired the Software.
7. INDEMNIFICATION
. (a) You shall defend, indemnify and harmless Sirius, its officers, directors and
employees, from and against any losses, damages, fines and expenses. including without limitation,
attorneys' fees and expenses, arising out of or relating to any claims that you have: (i) viewed, downloaded,
encoded, compressed, copied or transmitted any in connection with the Software in violation of another
party's rights or in violation of any law, or (ii) violated any terms of this EULA and/or the Terms and
Conditions.
(b) If you are importing the Software from the United States, you shall defend, indemnify and hold harmless
Sirius from and against any import and export duties or other claims arising from such importation.
8. LIMITATION OF LIABILITY
. NEITHER SIRIUS NO R ITS SUPPLIERS (INCLUDING MICROSOFT AND
PORTALPLAYER) IS RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR LOSSES RELATING TO THE USE AND/OR PURCHASE OF THE SOFTWARE, THE
DOCUMENTATION, THE RECEIVER AND/OR THE SIRIU S SERVICE, INCLUDING WITHOUT
LIMITATION, COMPUTER FAILURE AND/OR M A LFUNCTION, WHETHER BASED ON NEGLIGENCE OR
OTHERWISE, AND WHETHER OR NOT SIRIUS OR SUCH SUPPLIER (INCLUDING MICROSOFT AND
PORTALPLAYER) HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. SIRIUS TOTAL LIABILITY TO
YOU AND ANY OTHER PERSONS USING THE RECEIVER, THE SO FTWARE AND/OR THE
DOCUMENATION, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT
YOU HAVE PAID TO SIRIUS FOR THE RECEIVER, THE SOFTWARE AND THE DOCUMENTATION.
THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES IS REFLECTED IN SIRIUS’
PRICES AND IS A FUNDAMENTAL ELEMENT OF SIRIUS AGREEMENT TO PROVIDE YOU WITH THE
SOFTWARE AND THE DOCUMENTATION. YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED
ABOVE UNDER YOUR STATE’S LAWS.
9. TERMINATION
. (a) This EULA will automatically terminate without notice if you fail to comply with any of
its terms
(b) This EULA may also terminate without notice to you in the event Sirius’ or any of its suppliers (including
without limitation Microsoft and PortalPlayer ) licenses for technology incorporated into the Software
terminates.