16
17
Residential Customer Agreement, cont.
D. DVR
. DISH’s digital video recorder (“DVR”) functionality allows 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 does not guarantee access
to or recording of any particular programming or that any such programming will not
be deleted from your DVR. Some 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, rebroadcast, rewritten or redistributed without the written permission
of the third party that supplied it (except as permitted by the “
fair use
” or other applicable
provisions of the U.S. copyright laws) or by DISH’s agreements with such third parties.
E. Telephone/Broadband Connection
. To optimize the operation of your Equipment,
you must continuously connect each receiver on your account to the same land-based
telephone line or broadband home network. Failure to connect each receiver to the same
land-based telephone line or broadband home network may result in interruption or
disconnection of Services. We may charge you a TV2 Receiver Connection Fee (as set forth
in Exhibit 1) for each dual tuner receiver that is not connected to a land-based telephone
line or broadband home network.
F. Receiver Alterations
. DISH may, without notice at any time and from time to time,
through periodic downloads or by other means, add, delete, rearrange, alter, change and/
or eliminate the software, applications, features and/or functionalities in (or accessed
or received through) your receivers; provide data and content to products with DVR
functionality; store and remove data and content on the hard drives of products with DVR
functionality; and send electronic counter-measures to your receivers without notice at
any time and from time to time (including, without limitation, during any term commitment
to which you have agreed). DISH will use commercially reasonable efforts to schedule
these downloads (or by other means) to minimize interference with or interruption to your
Services, but, you acknowledge and agree that DISH shall have no liability to you for any
interruptions in Services arising out of, relating to or in connection with such downloads (or
other means). DISH may, without notice at any time and from time to time, cease supporting
one or more receiver models. In the event that we add, delete, rearrange, alter, change and/
or eliminate the software, applications, features and/or functionalities of a receiver or cease
supporting your receiver model, then you further acknowledge and agree that you are not
entitled to any credits, refunds, price reductions or any other form of compensation because
of any such addition, deletion, rearrangement, alteration, change and/or elimination.
G. Proprietary Components and Software
. Receivers and Smart Cards contain
components and software that are proprietary to DISH and its licensors. You agree that
you will not try to reverse-engineer, decompile, disassemble, 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 disconnection of your Services and/or legal action.
Residential Customer Agreement, cont.
H. Software License
. Subject to the terms and conditions of this Agreement and your
applicable Promotion Agreement(s), you are licensed to use the software provided in your
receiver(s), as updated by DISH, its licensors and/or its suppliers without notice at any
time and from time to time, solely in executable code form, solely in conjunction with lawful
operation of the receiver(s) that you purchased or leased, and solely for the purposes
permitted under this Agreement and your applicable Promotion Agreement(s). You may
not copy, modify or transfer any software provided in your 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 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, 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 receiver(s). Any attempt to transfer any of the rights, duties or
obligations of this license is null and void. In the event that you breach any term or condition
of this license, then this license will automatically terminate.
I. Stolen Equipment
. In the event that any of your Equipment is stolen or otherwise
removed from your premises without your authorization, then you must notify our customer
service center by telephone or in writing (via the telephone number, Customer Service
E-mail Address or General Customer Service Mailing Address set forth in Section 1)
immediately, but in any event not later than three (3) business days after such theft or
removal, to avoid liability for payment for unauthorized use of your Equipment. You will not
be liable for unauthorized use of your Equipment that occurs after we have received
your notification.
8. LEASED EQUIPMENT
A. Lease Terms
. We may choose to lease certain Equipment to subscribers. Unless
otherwise specified in this Agreement or your applicable Promotion Agreement(s),
Leased Equipment shall at all times remain the sole and exclusive property of DISH, and
we may, without notice at any time and from time to time, replace Leased Equipment with
new or reconditioned Leased Equipment, and upon cancellation or disconnection of your
Services, remove or require the return of such Leased Equipment. The satellite antenna
and mounting hardware (but not the LNBF) are your fixtures, are not Leased Equipment and
should not be returned to DISH. None of the Leased Equipment (or any portion thereof) will
be deemed a fixture or part of your real property. We may make such filings and recordings
that we may consider necessary to evidence our ownership rights in Leased Equipment,
and you agree to execute any and all documents that we may consider necessary for us
to make such filings. Our ownership of Leased Equipment may be displayed by notice
contained on it.
