Kathrein UFS 931sw/HD+, Operating Manual

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1 Application, Subject of Contract and HD+ Card
1.1 The present General Terms and Conditions of
Business of HD PLUS GmbH, registered of fi ce
at Betastraße 1-10, D-85774 Unterföhring (“HD
PLUS”), shall apply solely to the HD+ Service.
1.2 HD PLUS shall surrender to the user the title to a
data carrier (“HD+ Card”) according to the present
General Terms and Conditions of Business.
The software and data stored on the HD+ Card
(jointly referred to as the “HD+ Software”) merely
constitute the technical prerequisite for decoded
reception of certain television programmes
broadcast in digitally encoded form (“range of
channels”) by means of a digital receiver with
HD+ certi
fi cation (“HD+ Service”).
1.3 HD PLUS shall grant the user a non-exclusive,
non-transferrable licence for utilisation of the HD+
Software contained on the HD+ Card in accordance
with the terms and conditions for the purpose of
decoding the range of channels according to the
contract.
This right shall be restricted to the
territory of the Federal Republic of Germany.
The user shall not be permitted to utilise the
HD+ Card outside Germany.
HD PLUS may
demand that the HD+ Card is used solely in
conjunction with a digital receiver allocated to
same. HD PLUS shall be moreover entitled to
ensure this by technical means (so-called pairing
of digital receiver and HD+ Card).
1.4 Activation of the HD+ Card shall be the responsibility
of the user. The HD+ Card may not be used in any
manner other than as agreed. The user shall not be
entitled to copy, modify, disassemble or decompile
the HD+ Software or apply other procedures to
same in order to ascertain its source code or
structure or to discover or in
fl uence processes or its
intermediate representation without authorisation.
Statutory rights of decompilation shall remain
unaffected thereby.
1.5 The digital receiver, the display device (e.g.
television set) and the range of channels shall
speci
fi cally not constitute the object of performance.
Certi fi ed digital receivers are commercially
available for purchase. Their installation shall
be the responsibility of the user. In the event of
technical or general problems with the digital
receiver the responsibility for customer service shall
lie with the manufacturer of the digital receiver. The
number and composition of the range of channels
may vary in the course of the contractual term.
1.6 HD PLUS reserves the right to transfer the software
required for utilisation of the HD+ Service or for its
supplementation or modi
fi cation to the HD+ Card
and the digital receiver free of charge at random
intervals or to update, supplement or modify the
HD+ Software contained therein. Notwithstanding
the above provisions, the liability of HD PLUS shall
be limited in the event of any loss of data to the
expenditure typical of data recovery.
1.7 HD PLUS reserves the right to block or to
withdraw support for HD+ Cards which following
the infringement of rights including by third parties
permit unauthorised utilisation of the HD+ Service
and/or bypassing of encryption. In the case of
blocked or unsupported HD+ Cards it shall not be
possible to renew the HD+ Service following the
expiry of activation according to item 3.1.
2 Authorised Users and Prerequisites for
Utilisation
2.1 The HD+ Service shall be available to natural
persons who are at least 18 years of age and is
solely intended for private, non-commercial usage.
2.2 The prerequisite for utilisation of the HD+
Service is a digitally capable satellite receiver,
aligned to one of the satellites used by HD PLUS
(cf. www.hd-plus.de/faq) as well as the use of a
digital receiver bearing the HD+ logo and a display
device (e.g. television set), which are not however
included in the scope of supply (cf. item 1.5).
2.3 Unlimited utilisation of the HD+ Service to its full
extent is possible only with the use of digital receivers
certi
fi ed by HD+. Technical restrictions in usage
of the HD+ Service may occur if digital receivers
without HD+ certi
fi cation are utilised, including with
the use of Common In receiver modules
certi
fi ed by HD+. It may in particular not be possible
to decode or display individual channels. This shall
not give rise to any warranty claim or special right
of termination vis-à-vis HD PLUS on the part of the
user.
3 Flat-rate Service Fee / Term and Renewal of
HD+ Service
3.1 A fl at-rate service fee shall be charged for utilisation
of the HD+ Service. This shall be paid for twelve
months in advance by the purchase of an HD+
Card or renewal of the HD+ Service for an activated
HD+ Card where sameze has not been blocked
for renewal according to item 1.7, at the price
currently applicable in each case (cf. www.hd-plus.
de/preise). Renewal of the HD+ Service shall be
carried out by means of the payment procedure
offered by HD PLUS (cf. www.hd-plus.de/reload).
HD+ Cards which already include activation for the
HD+ Service for a period of 12 months at no further
cost to the user shall be issued in the framework of
marketing offers, for example in conjunction with the
purchase of an HD+ certi
fi ed digital receiver.
3.2 The term granted for utilisation of the HD+ Service
shall commence with activation of the HD+ Card.
Cards shall be activated when inserted in the slot
of an HD+ certi
fi ed digital receiver provided for this
purpose and used to decode an HD+ Programme
for the
fi rst time.
3.3 The user shall be informed in good time prior to
the expiry of activation for the HD+ Service by the
appearance on the display device of a message
referring to expiry and the possibility of renewal
and/or new purchasing options for utilisation of the
General Terms and Conditions of Business for HD+