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Appendix B
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.
Summary of Contents for DishPro
Page 1: ......
Page 18: ...Page 16 Chapter 2 The Parts of the System Notes...
Page 96: ...Page 94 Installation Instructions Chapter 4 Notes...
Page 129: ...Page 127...
Page 130: ...Page 128 Appendix B Notes...
Page 137: ...Page 135 Index Notes...
Page 138: ...Index Page 136 Notes...
