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authority to waive, amend and/or modify any of the terms or provisions of this EULA. The arbitrators
shall enforce this EULA in accordance 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 foregoing, 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 receives 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 transfer 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
ass ignment .
(d) No Waiver
. No failure or delay on the part of Sirius or its suppliers (including Microsoft and PortalPlayer)
in exercising any right, power or privilege hereunder and no course of dealing by Sirius or its suppliers
(including Microsoft and PortalPlayer) 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 i nvalid, that provision will be deleted or modified
to the extent necessary, and the rest of this EULA will remain enforceable.
© 2005 SIRIUS Satellite Radio Inc. “SIRIUS”, My Sirius Studio, S Series and related marks are trademarks
of SIRIUS Satellite Radio Inc. Windows Media is a trademark of Microsoft Corporation. All other trademarks
are the property of their respective owners. All rights reserved.