Dish Network DishPro User Manual page 125

Residential Customer Agreement
4. EQUIPMENT
A. In order to receive Services it will be necessary for you to purchase or lease certain
reception equipment consisting primarily of a DISH Network compatible satellite
receiver(s), satellite antenna(s), low noise block converter(s) with integrated feed(s) and
remote control(s) (collectively, "Equipment"). Receiver(s) provided to you may also be
equipped with a conditional access card ("Smart Card") inserted into a slot in such
receiver. Not all receivers with a Smart Card slot require Smart Cards for proper
authorization. Smart Cards remain the property of DISH Network at all times and any
tampering or other unauthorized modification to any Smart Card is strictly prohibited and
may result in, and subject you to, legal action. You agree to return Smart Cards to us
upon our request.
B. Smart Cards are non-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 was lost, damaged, defective or stolen,
then we will replace it, as long as there is no evidence of unauthorized tampering or
modification. A replacement fee will apply ("Smart Card Replacement Fee"). 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 event our
overnight delivery fee ("Overnight Delivery Fee") will apply.
C. DISH Network reserves the rights to alter software, features and/or functionality in
your DISH Network receivers, provide data and content to Personal Video Recorder/
Digital Video Recorder ("PVR/DVR") products, store data and content on the hard drives
of PVR/DVR products, and send electronic counter-measures to your DISH Network
receivers, through periodic downloads. 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.
D. DISH Network's PVR/DVR Products allow you to record programming in digital
format. Total 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. 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. DISH Network may, in its sole discretion, add,
change or remove features of its PVR/DVR Products and, upon notice to you, introduce
or change fees for the use of PVR/DVR Product features. DISH Network will notify you of
any change that is within its reasonable control. Unless otherwise specified in the terms
and conditions of the customer agreement(s) applicable to the promotion(s) pursuant to
which you are receiving Services and/or Equipment, we will charge you a monthly DISH
Network DVR service fee ("DISH Network DVR Service Fee") for each PVR/DVR
receiver activated on your account.
E. DISH Network receivers contain components and software that are proprietary to
DISH Network. You agree that you will not try to reverse-engineer, decompile or
disassemble 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.
F. To optimize the operation of your Equipment, you must continuously connect each
DISH Network receiver on your account to your same land-based telephone line. Failure
to connect each receiver to your same land-based telephone line may result in
interruption or disconnection of Services.
G. If 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 more 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.
H. You are licensed to use the software provided in your DISH Network receiver(s), as
updated by DISH Network 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
thereof, 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. Any attempt to transfer any of the rights,
duties or obligations of this license agreement is null and void. 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
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