Appendix Two Color.fm Page 125 Tuesday, July 25, 2006 3:06 PM
Appendix
Residential Customer Agreement
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 terms and conditions of this license agreement, and DISH Network and its suppliers reserve all rights not expressly granted to you. Except as stated above, this license agreement does not grant to you any intellectual property rights in the software provided in your DISH Network receiver(s). If you breach any term or condition of this license agreement, this license agreement will automatically terminate.
5.LEASED EQUIPMENT
A.DISH Network may, from time to time, lease certain Equipment to subscribers. If you elect to lease Equipment from DISH Network, the terms and conditions of the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing such Equipment shall apply, which are in addition to (and without limitation of) the terms and conditions of this Agreement. Unless otherwise specified in such customer agreement(s): (i) such Equipment, except for the satellite antenna, shall at all times remain the sole and exclusive property of DISH Network and we will have the right, in our sole discretion, to provide or replace leased Equipment with new or reconditioned Equipment and to remove, or require the return of, such Equipment upon cancellation or disconnection of your Services for any reason and (ii) we will charge you a monthly equipment rental fee (an “Equipment Rental Fee”) for each leased receiver activated on your account. No leased Equipment provided to you by DISH Network shall be deemed fixtures or part of your realty. Our ownership of such Equipment may be displayed by notice contained on it. You shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with such Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return, or change in the location of such Equipment shall be performed by us at our service rates in effect at the time of such service. You shall not attach any electrical or other devices to, or otherwise alter, any such Equipment without our prior written consent. We reserve the right to make such filings as may be determined to be necessary by us in our sole discretion to evidence our ownership rights in such Equipment, and you agree to execute any and all documents as may be so determined to be necessary for us to make such filings. 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.Upon termination of your Services, you must notify our Customer Service Center or call the telephone number set forth in the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing the applicable Equipment to schedule the return of your leased Equipment. If such Equipment is not returned undamaged and in working order, normal wear and tear excepted, certain charges will apply as described in the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing such Equipment. You are responsible for, and agree to pay, any costs of repair, replacement or other costs if you do not return such Equipment undamaged and in working order, normal wear and tear excepted.
C.You shall notify us promptly of any defect in, damage to, or accident involving your leased Equipment. All maintenance and repair of such Equipment shall 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
DISH Network may sell, assign or transfer your account to a third party without notice to you. You may not assign or transfer your Services without our written consent, which will not be unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services if you lease your Equipment or if your account has an outstanding balance.
7.LIMITATION OF OUR LIABILITY
A.NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR AFFILIATES WILL BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION IF SUCH INTERRUPTION OR 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 CONTROL.
B.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 OF PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.
