Dish Network Solo ViP 411 - Manual (Page 141)

Appendix
131
Residential Customer Agreement
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. PVR/DVR. DISH Network’s personal video recorder/digital video recorder (“PVR/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 PVR/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 home network.
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 PVR/DVR products; store and remove data and content on the
hard drives of PVR/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
Promotion 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. Upon cancellation or disconnection of your Services, you must contact our customer service
center or call the telphone number set forth in any applicable Promotion Agreement to schedule the return of your leased
Equipment. If you do not return such Equipment undamaged and in working order, normal wear and tear excepted, you are
responsible and must pay us certain charges as described in any applicable Promotion 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.