Dish Network Dish ViP722K User Manual page 161

Appendix
Residential Customer Agreement
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.
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.
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