Dish Network DuoDVR ViP 922, User Manual

Page: 19 / 26

Residential Customer Agree-
17
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.
C. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW,
NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR
AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING
YOUR DISH NETWORK EQUIPMENT OR ANY OTHER EQUIPMENT OR ANY SERVICES
FURNISHED TO YOU. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
D. IN NO EVENT SHALL WE, OUR THIRD PARTY BILLING AGENTS, OR ANY OF OUR OR
THEIR AFFILIATES HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO DISH NETWORK
EQUIPMENT OR ANY OTHER EQUIPMENT OR RESULTING FROM OUR FURNISHING OR
FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT,
FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.
E. IT IS YOUR RESPONSIBILITY TO IMPOSE VIEWING RESTRICTIONS ON YOURSELF,
MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS YOU DEEM
APPROPRIATE. WE, OUR THIRD PARTY BILLING AGENTS, AND OUR AND THEIR
AFFILIATES SHALL HAVE NO LIABILITY TO ANYONE DUE TO, OR BASED UPON, THE
CONTENT OF ANY OF THE SERVICES FURNISHED TO YOU.
8. WARNING AGAINST PIRACY AND INFRINGEMENT
A. It is a violation of various U.S. federal and state laws to receive any Services, or any portion of
such Services, without paying for them. The penalties for violating such laws can include
imprisonment and civil damage awards of up to $110,000 per violation.