Appendix
4.EQUIPMENT
A.In order to receive the Services it will be necessary for you to purchase or lease certain reception equipment consisting primarily of a DISH Network compatible satellite receiver, and remote control ("Equipment"). You may also be provided with a conditional access card ("Smart Card") that is inserted into your satellite receiver. The Smart Card remains the property of EchoStar Satellite L.L.C. Any tampering or other unauthorized modification to the Smart Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return the Smart Card to us upon request.
B.Smart Cards are nontransferable. Your Smart Card will only work in the DISH Network receiver to which it was assigned by DISH Network. If you report to the Commercial Customer Service Center that your Smart Card was lost, damaged, defective or stolen we will replace it, as long as there is no evidence of unauthorized tampering or modification. A 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. Our Overnight Delivery Fee will apply.
C.DISH Network reserves the right to alter software in your DISH Network receiver, and provide content to DVR products, through periodic downloads. DISH Network will use commercially reasonable efforts to schedule these downloads to minimize interference with or interruption to your Service.
D.Your DISH Network receiver contains certain components and software which are proprietary to DISH Network. You agree that you will not try to
E.For proper operation of your Equipment, DISH Network requires that you connect each DISH Network receiver on your account to a telephone line. For accounts containing multiple receivers, each receiver must be connected to the same telephone line. Failure to comply with this requirement may result in interruption of service.
F.If your DISH Network Equipment is stolen or otherwise removed from your premises without your authorization, you must notify our Commercial Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the DISH Network Equipment. You will not be liable for unauthorized use after we have received your timely notification.
5.LEASED EQUIPMENT
A.If you decide to lease your Equipment from DISH Network, the terms and conditions of the lease agreement shall apply, in addition to the terms and conditions of this Agreement. Such Equipment shall at all times remain the sole and exclusive property of DISH Network and we will have the right, at our discretion, to replace it with new or reconditioned equipment and to remove, or require the return of, the equipment upon termination of Services. None of the equipment shall be deemed fixtures or part of your realty. Our ownership of the equipment may be displayed by notice contained on the equipment. You shall have no right to pledge, sell, mortgage, give away or remove, relocate, alter or tamper with the equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return of or change in location of the equipment shall be performed by us at the service rates in effect at the time of service. You shall not attach any electrical or other devices to or otherwise alter the equipment without our prior written consent. DISH Network shall have the right to make such filings as are necessary to evidence our ownership rights in the equipment, and you agree to execute any and all documents as are necessary for us to make such filings. Upon termination of Services, you must notify our Commercial Customer Service Center to schedule the return the Equipment.
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