Dish Network HDTV DVR Satellite Receiver User Manual page 116

Appendix
Residential Customer Agreement
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.
122