SL100TK1C
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EULA
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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, ITS PARTNERS AND SUPPLIERS (INCLUDING SIRIUS US, MICROSOFT AND ZING) HEREBY DISCLAIM ALL OTHER
WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT-
ABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND THE DOCUMENTA-
TION.
(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, ITS PARTNERS, NOR SUPPLIERS (INCLUDING SIRIUS US, MICROSOFT AND
ZING) 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 SIRIUS SERVICE,
INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE AND/OR MALFUNCTION, WHETHER BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SIRIUS OR SUCH SUPPLIER (INCLUDING SIRIUS US,
MICROSOFT AND ZING) HAS BEEN ADVISED OR COULD REASONABLY FORESEE OF THE POSSIBILITY THEREOF. SIRIUS
TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS USING THE RECEIVER, THE SOFTWARE AND/OR THE DOCUMENTA-
TION, 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.
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 partners or suppliers (including SIRIUS US,
Microsoft and ZING) licenses for technology incorporated into the Software terminates.
(c) You may terminate this EULA at any time by providing Sirius with written notice of termination to: Sirius Canada Inc., 135 Liberty
Street, 4th Floor, Toronto, ON, M6K 1A7, Attention: My Sirius Studio/Stiletto Software Termination.
(d) Upon any termination of this EULA, you shall immediately discontinue use of the Software and shall within three days return to
Sirius, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by Sirius. Your
obligation to pay accrued charges and fees shall survive any termination of this EULA.
(e) Except for the license granted in paragraph 1, the terms of this EULA shall survive termination under this paragraph 9.
10. RESOLVING DISPUTES. In order to expedite and control the cost of disputes, you agree that any legal or equitable claim (a
“Claim”) relating to the Software, the Documentation and/or this EULA, will be resolved as follows:
(a) Informal Resolution. You and Sirius will first try to resolve any Claim informally. Accordingly, neither you nor Sirius may start a
formal proceeding (except for Claims described in Section 10(d)) for at least 60 days after one of us notifies the other of a Claim in
writing. To initiate a Claim, you must send notice by Canadian mail to: Sirius Canada Inc., 135 Liberty Street, 4th Floor, Toronto, ON,
M6K 1A7, Attention: General Counsel. If Sirius initiates a Claim, notice will be sent to your address on file with Sirius.
(b) Formal Resolution. Except as provided in Section 10(d), if you and Sirius cannot resolve a Claim informally, you and Sirius may
agree that a Claim either of you or Sirius asserts will be resolved only by binding arbitration.
11. MISCELLANEOUS. (a) Notice. Notices to you will be deemed given when deposited in the mail or when sent by email. Notices
Содержание STILETTO Stiletto 100
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