Dish Network Receiver User Manual page 148

Appendix
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 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
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