Dish Network 311 User Manual page 84

Appendix
H. Software License. You are licensed to use the software provided in your DISH Network receiver(s), as updated by DISH
Network, its licensors and/or its suppliers from time to time, solely in executable code form, solely in conjunction with lawful
operation of the DISH Network receiver(s) that you purchased or leased, and solely for the purposes permitted under this
Agreement. You may not copy, modify or transfer any software provided in your DISH Network receiver(s), or any copy of
such software, in whole or in part. You may not reverse-engineer, disassemble, decompile or translate such software, or
otherwise attempt to derive its source code, except to the extent allowed under any applicable laws. You may not rent, lease,
load, resell for profit or distribute any software provided in your DISH Network receiver(s), or any part thereof. Such software
is licensed, not sold, to you for use only under the terms and conditions of this license, and DISH Network, its licensors and its
suppliers reserve all rights not expressly granted to you. Except as stated above, this license does not grant to you any
intellectual property rights in the software provided in your DISH Network receiver(s). Any attempt to transfer any of the rights,
duties or obligations of this license is null and void. If you breach any term or condition of this license, this license will
automatically terminate.
I. Stolen Equipment. If any of your Equipment is stolen or otherwise removed from your premises without your authorization,
you must notify our customer service center by telephone or in writing immediately, but in any event not later than three (3)
business days after such removal, to avoid liability for payment for unauthorized use of your Equipment. You will not be liable
for unauthorized use that occurs after we have received your notification.
5. LEASED EQUIPMENT
A. Lease Terms. We may choose to lease certain Equipment to subscribers. Unless otherwise specified in an applicable
Package Plan Agreement(s), such Equipment (including without limitation, the LNBFs, but not the satellite antenna), shall at
all times remain the sole and exclusive property of DISH Network, and we may provide or replace leased Equipment with new
or reconditioned Equipment at any time, and upon cancellation or disconnection of your Services, remove or require the return
of such Equipment. No leased Equipment provided to you by DISH Network shall be deemed fixtures or part of your real
property. We may make such filings and recordings that we may consider necessary to evidence our ownership rights in such
Equipment, and you agree to execute any and all documents that we may consider necessary for us to make such filings. Our
ownership of such Equipment may be displayed by notice contained on it. You have no right at any time to pledge, sell,
mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with such Equipment, or to tamper with or alter
any notice of our ownership on such Equipment. Any reinstallation, return, or change in the location of such Equipment must
be performed by DISH Network at our then-current service rates. You shall not attach any electrical or other devices to, or in
any way alter, any such Equipment without our prior written consent. You are responsible for preventing the loss or destruction
of leased Equipment and we recommend that such Equipment be covered by your homeowners, renters or other insurance
policy.
B. Return of Leased Equipment. It is your responsibility to return all leased Equipment within thirty (30) days following
cancellation or disconnection of your Services. You must call 800-333-DISH (3474) to receive a return authorization number
and instructions regarding acceptable methods for returning the Equipment. Options to return your Equipment include, but are
not limited to, the use of a shipping label and empty box provided by DISH Network by paying a Box Return Fee (as detailed
in Exhibit 1) (which price is subject to change at any time) or scheduling a DISH Network in-home service call to remove the
Equipment by paying a Service Call Fee (as detailed in Exhibit 1) charge (which price is subject to change at any time).
Equipment will not be deemed returned until received by DISH Network. If you do not return such Equipment undamaged and
in working order, normal wear and tear excepted, and in accordance with the procedures set forth herein, then you are
responsible and must pay us certain charges as described in the Package Plan Agreement.
C. Defects and Damages. You must notify us immediately of any defect in, damage to, or accident involving your leased
Equipment. All maintenance and repair of such Equipment must be performed by us or our designee(s). DISH Network may
charge you for any repairs that are necessitated by any damage to, or misuse of, such Equipment.
6. TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT
You may not assign or transfer your Services without our written consent, which will not be unreasonably withheld. Provided
however, if you lease Equipment or your account has an outstanding balance, then the withholding of consent to assign or
transfer your Services shall not be deemed unreasonable.
7. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR
THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR FOR ANY DELAY OR FAILURE TO
PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR FAILURE TO PERFORM ARISES
IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH NETWORK'S ACCESS TO ALL OR ANY
PORTION OF SERVICES; THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT
SATELLITE(S); A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT; ANY SOFTWARE OR OTHER
DOWNLOADS INITIATED BY US; OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL
FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND
OUR REASONABLE CONTROL.
B. ALTERATIONS TO EQUIPMENT. NONE OF DISH NETWORK, ECHOSTAR OR OUR THIRD-PARTY BILLING AGENTS,
OR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ALTERATION TO ANY EQUIPMENT, INCLUDING
WITHOUT LIMITATION, REMOVING OR DISABLING FEATURES (SUCH AS THE ABILITY TO ACCESS THE INTERNET
VIA A RECEIVER).
C. LOSS OF RECORDED MATERIAL. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS NOR ANY OF OUR OR
THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL OR THE
PREVENTION OF RECORDING, INCLUDING WITHOUT LIMITATION, ANY LOSS OR PREVENTION OF RECORDING
DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.
D. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW,
NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR THEIR AFFILIATES, MAKE ANY
WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING YOUR DISH NETWORK EQUIPMENT OR ANY OTHER
EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
EXPRESSLY DISCLAIMED AND EXCLUDED.
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