Dish Network DuoDVR ViP 622, User Manual

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Appendix
153
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