Dish Network ViP222 User Manual page 133

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.
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
Appendix
Residential Customer Agreement
125