Dish Network Satellite Receiver User Manual page 116

Appendix
4. EQUIPMENT
A. Equipment. In order to receive Services you must purchase or lease certain reception equipment
consisting primarily of a DISH Network compatible satellite receiver(s) and applicable Smart Card(s), remote
control(s), satellite antenna(s), and sometimes low noise block converter(s) with integrated feed(s)
(collectively, "Equipment").
B. Additional Tuners and Receivers. We may choose to allow you to place additional receivers on your
account. If we allow you to do so, each additional receiver will be authorized to receive the same Services as
your initial receiver, subject to the limitations of your television equipment. All of your receivers must be
located at the same residence and continuously connected to the same land-based telephone line and/or
broadband home network. If you wish to receive Services at two different residential locations, you must
open a separate account for each location, unless otherwise specifically authorized by DISH Network. You
may not directly or indirectly use a single account for the purpose of authorizing Services for multiple DISH
Network receivers that are not all located in the same residential location and connected to the same land-
based telephone line and/or broadband home network. If we later determine that you did, we may disconnect
your Services and, in addition to all other applicable fees, you agree to pay us the difference between the
amounts actually received by us and the full retail price for the Services authorized for each DISH Network
receiver on your account.
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. DVR. DISH Network's digital video recorder ("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 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 receiver that is not connected to the same land based
telephone line and/or a broadband network (as detailed in Exhibit 1).
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 DVR products; store and remove
data and content on the hard drives of 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.
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