Dish Network HDTV DVR Satellite Receiver User Manual page 117

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 ANY SERVICES FURNISHED TO YOU. ALL SUCH
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
E. CONTENT RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO IMPOSE ANY PROGRAMMING, INTERNET
OR OTHER CONTENT RESTRICTIONS ON YOURSELF, MEMBERS OF YOUR FAMILY AND HOUSEHOLD,
AND GUESTS, AS YOU DEEM APPROPRIATE. NONE OF DISH NETWORK, ECHOSTAR, OUR THIRD-PARTY
BILLING AGENTS, OR OUR AND THEIR AFFILIATES SHALL HAVE ANY LIABILITY TO ANYONE DUE TO, OR
BASED UPON, ANY CONTENT (INCLUDING WITHOUT LIMITATION, ANY INACCURACIES, ERRORS IN OR
OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN ANY OF THE SERVICES FURNISHED TO YOU; OR
(ii) ACCESSED USING THE SERVICES OR EQUIPMENT FURNISHED TO YOU.
Appendix
Residential Customer Agreement
123