Dish Network 512 User Manual page 126

Residential Customer Agreement
C. Smart Cards. Receiver(s) are equipped with a conditional access card ("Smart Card") inserted into a slot or otherwise installed in such
receiver. Not all receivers with a Smart Card slot require a Smart Card for proper authorization. Smart Cards remain the property of DISH
Network at all times and must be returned to us upon our request. Smart Cards are not transferable. Your Smart Card will only work in the
DISH Network receiver to which it was assigned by DISH Network. If you report to our customer service center that your Smart Card has
been lost, damaged, defective or stolen, we will replace it, unless there is evidence of unauthorized tampering or modification, and a Smart
Card Replacement Fee will apply. In addition, in order to minimize downtime for your Equipment, DISH Network will, upon your
request, deliver a replacement Smart Card to you via overnight delivery, in which case an Overnight Delivery Fee will apply.
D. PVR/DVR. DISH Network's personal video recorder/digital video recorder ("PVR/DVR") products allow you to record programming
in digital format. Total available recording time varies depending on your receiver and the nature of the programs being recorded. DISH
Network does not guarantee access to or recording of any particular programming, or that any such programming will not be deleted from
your PVR/DVR product. Most programming is the copyrighted material of the third party that supplies it; is protected by copyright and
other applicable laws; and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the
third party that supplied it (except as permitted by the "fair use" provisions of the U.S. copyright laws).
E. Telephone/Broadband Connection. To optimize the operation of your Equipment, you must continuously connect each DISH Network
receiver on your account to the same land-based telephone line and/or a broadband home network. Failure to connect each receiver to the
same land-based telephone line and/or a broadband home network may result in interruption or disconnection of Services. We may charge
you a TV2 Receiver Connection Fee for each dual-tuner, two-TV receiver that is not connected to the same land-based telephone line and/
or a broadband home network.
F. Receiver Alterations. DISH Network may, through periodic downloads, alter the software, features and/or functionality in your DISH
Network receivers; provide data and content to PVR/DVR products; store and remove data and content on the hard drives of PVR/DVR
products; and send electronic counter-measures to your DISH Network receivers. DISH Network will use commercially reasonable efforts
to schedule these downloads to minimize interference with or interruption to your Services, but shall have no liability to you for any
interruptions in Services arising out of or related to such downloads. DISH Network may from time to time cease supporting one or more
DISH Network receiver models.
G. Proprietary Components and Software. DISH Network receivers and Smart Cards contain components and software that are
proprietary to DISH Network and its licensors. You agree that you will not try to reverse-engineer, decompile or disassemble, nor will you
tamper with or modify, any software or hardware contained within any receiver or Smart Card. Such actions are strictly prohibited and
may result in the termination of this Agreement, disconnection of your Services and/or legal action.
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 Promotion
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.
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