Dish Network 4K Joey Setup Manual page 27

Residential Customer Agreement, cont.
You have no right at any time to pledge, sell, mortgage, otherwise encumber, give away,
alter or tamper with Leased Equipment, to remove or relocate Leased Equipment from your
residence or to tamper with or alter any notice of our ownership on such Leased Equipment.
Any removal or relocation of such Leased Equipment from your residence must be
performed consistent with our instructions or by DISH or our designee(s) at our then-current
service rates. You may not attach any electrical or other devices to, or in any way alter, any
Leased Equipment without our prior written consent. You are responsible for preventing the
loss or destruction of Leased Equipment and we recommend that Leased Equipment be
covered by your homeowners, renters or other insurance policy.
B. Return of Leased Equipment. You must return all Leased Equipment in good operating
condition, normal wear and tear excepted, within thirty (30) days following cancellation or
disconnection of your Services or disconnection of your Leased Equipment. In the event
that you acquired the Leased Equipment from a retailer, then you must return all Leased
Equipment to: (i) your original retailer, in the event that such cancellation or disconnection of
your Services or disconnection of your Leased Equipment occurs during the first
thirty (30) days following your initial activation of programming; or (ii) DISH, in the event
that such cancellation or disconnection of your Services or disconnection of your Leased
Equipment occurs after such thirty (30) day period. You are responsible for and shall
bear all costs, expenses and risk of returning the Leased Equipment, including, without
limitation, risk of loss during shipment. You are not responsible under the terms and
conditions of this Agreement for the return of equipment other than the Leased Equipment.
Following cancellation or disconnection of your Services or disconnection of your Leased
Equipment (unless you acquired the Leased Equipment from a retailer and the cancellation
or disconnection of your Services or disconnection of your Leased Equipment occurs
during the first thirty (30) days following your initial activation of programming and you
returned Leased Equipment to such retailer within thirty (30) days following cancellation or
disconnection of your Services or disconnection of your Leased Equipment), DISH will send
you one or more return labels and empty boxes (depending on your Leased Equipment) to
be used by you in returning the Leased Equipment and DISH will charge you a Box Return
Fee (as set forth in Exhibit 1) for each such return label and empty box. You also have the
option of contacting DISH by calling the telephone number set forth in Section 1
(i.e., 800-333-DISH (800-333-3474)) to request that DISH or our designee(s) perform an
in-home service call to remove the Leased Equipment at DISH's then-current in-home
service call rate (may not be available in all areas; geographic restrictions apply). Leased
Equipment will not be deemed returned until received by DISH. In the event that you do
not return such Leased Equipment undamaged and in working order, normal wear and tear
excepted, and in accordance with the procedures set forth in this Agreement, then you are
responsible for, and must pay us, certain prices, fees and charges as described in your
applicable Promotion Agreement(s).
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Residential Customer Agreement, cont.
IN THE EVENT THAT YOU DECLINE TO HAVE DISH OR OUR DESIGNEE(S) PERFORM
AN IN-HOME SERVICE CALL TO REMOVE THE LEASED EQUIPMENT AND YOU ELECT
TO REMOVE THE LEASED EQUIPMENT, THEN YOU ASSUME ALL RISKS ASSOCIATED
WITH THE REMOVAL OF THE LEASED EQUIPMENT (INCLUDING, WITHOUT
LIMITATION, FALL HAZARDS RELATED TO THE REMOVAL OF THE LNBF(S)).
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 Leased
Equipment must be performed by us or our designee(s). In addition to any applicable
Service Call Fee (as set forth in Exhibit 1), DISH may charge you for any repairs that are
necessitated by any damage to, or misuse of, Leased Equipment.
9. TRANSFER OF SERVICES OR EQUIPMENT
You may not assign or transfer your Services or Equipment without our written consent,
which will not be unreasonably withheld. For the avoidance of doubt, in the event that you
lease Equipment or your account has an outstanding balance, then the withholding of
consent to assign or transfer your Services or Equipment shall be deemed reasonable.
10. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. YOU ACKNOWLEDGE AND AGREE THAT
NONE OF THE RELEASED PARTIES (AS DEFINED BELOW) WILL BE LIABLE FOR
ANY INTERRUPTION IN ANY SERVICE OR FOR ANY DELAY OF PERFORMANCE,
INCLUDING, WITHOUT LIMITATION, IN THE EVENT THAT SUCH INTERRUPTION OR
DELAY ARISES IN CONNECTION WITH ANY OF THE FOLLOWING:
(i) THE TERMINATION OR SUSPENSION OF DISH'S ACCESS TO ALL OR ANY
PORTION OF SERVICES; (ii) THE RELOCATION OF ALL OR ANY PORTION OF THE
SERVICES TO DIFFERENT SATELLITE(S); (iii) A CHANGE IN THE SOFTWARE,
APPLICATIONS, FEATURES AND/OR FUNCTIONALITIES AVAILABLE WITH YOUR
EQUIPMENT; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US; (v) ANY
ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE,
SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY; OR (vi)
ANY CAUSE BEYOND OUR REASONABLE CONTROL. "RELEASED PARTIES" MEANS
DISH, DISH'S PAST AND PRESENT AFFILIATES (INCLUDING, WITHOUT LIMITATION,
DISH NETWORK CORPORATION AND ITS DIRECT AND INDIRECT SUBSIDIARIES
AND ECHOSTAR CORPORATION AND ITS DIRECT AND INDIRECT SUBSIDIARIES),
DISH'S THIRD-PARTY VENDORS AND BILLING REPRESENTATIVES, AND THE
PREDECESSORS, SUCCESSORS AND ASSIGNS OF ALL OF THE FOREGOING
PERSONS AND ENTITIES, AND THE PAST AND PRESENT OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, SHAREHOLDERS AND LEGAL
REPRESENTATIVES OF ALL OF THE FOREGOING PERSONS AND ENTITIES.
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