Kathrein UFS 931sw/HD+, Руководство по эксплуатации

Страница: 91 / 96

91
HD+ Service. The activation of HD+ Cards should
not be renewed until this message has appeared on
the display device. Otherwise the existing activation
period may be reduced in length. The purchase of
an HD+ Card shall not however give rise to any
entitlement to renewal.
3.4. The range of channels and services offered by third
parties and their reception and/or utilisation may
incur separate costs for which the user is himself
responsible.
4 Observance of Copyright
The HD+ Software and the HD+ Card are protected
by law. Where programs owned by licensers are
used, their property shall enjoy the same level
of protection. Any unauthorised reproduction or
distribution of the HD+ Software or HD+ Card
and/or its pirating will be the subject of civil action
instituted by HD PLUS, and possibly also criminal
proceedings.
5 Rights and Obligations of User
5.1 Every user of the HD+ Service bears personal
responsibility for its proper usage; the user must in
particular ensure that programme content morally
harmful to youth is accessible only to persons
permitted by law to view same.
5.2 The user may not put the HD+ Service to misuse
and is obliged to protect the HD+ Card from loss
and misuse. The user shall in particular not be
permitted to make any intervention in the HD+
Software or arrange for such intervention in order
for example to enable the unauthorised reception
of encrypted channels. The use of devices in order
to bypass encryption shall be likewise prohibited.
Such misuse may become the subject of civil
action and criminal proceedings. Reference is
made in this regard to item 6 and item 7.3.
5.3 Where provision of the HD+ Service is impaired or
interrupted following intervention in the software
or hardware of the user for which HD PLUS is
not responsible, the user shall not be entitled
to claim reimbursement of any
fl at-rate service
charge already paid. This shall also apply where
the HD+ Card has become damaged or lost.
6 Indemnifi cation
The user shall be responsible vis-à-vis HD PLUS
for ful
fi lment of the obligations listed under items
4 and 5. He shall indemnify HD PLUS from all
third-party claims asserted against HD PLUS
as the result of culpable infringement of said
obligations and/or harmful action on the part
of the user and shall provide compensation for
any further losses including the costs of bringing
an action and legal defence.
7 Rights and Obligations of HD PLUS
7.1 HD PLUS shall notify the user of any temporary
cessation or restriction in service which is not merely
insigni
fi cant. Such obligation of noti fi cation shall not
exist where in the given circumstances, noti fi cation
is not objectively possible prior to commencement
of the cessation or restriction in service or where
this would delay the recti
fi cation of existing
interruptions.
7.2 HD PLUS reserves the right without further
notice to carry out maintenance and servicing
on its technical systems for the purpose of
continuation and/or improvement of the HD+
Service. Such maintenance windows may involve
the interruption or impairment of reception of the
range of channels without however giving rise to
an entitlement to a price reduction on the part of
the user.
7.3 In the event of infringement of the present terms
and conditions of utilisation or a reasonable
suspicion of infringement by the user, in particular
with regard to above items 4 and 5, HD PLUS
shall be entitled at its own discretion:
7.3.1 to exclude the user from utilisation of the HD+
Service either on a temporary or permanent basis
and/or
7.3.2 to effect exceptional termination of the contract
of utilisation according to item 10.1.
7.4 HD PLUS shall serve a warning notice on the
user prior to exclusion or termination unless the
infringement is of such gravity that HD PLUS
cannot be reasonably expected to uphold the
contract of utilisation.
7.5 In the event of exclusion from service for which
the user is responsible according to item 7.3
the user shall also be liable for payment of the
remuneration for the period of exclusion and
the interruption in service.
8 Guarantee
8.1 To render its services HD PLUS avails itself of
communications networks or technical facilities
belonging to third parties which are beyond the
control of HD PLUS. HD PLUS is thus unable to
rule out temporary restriction, impairment or failure
of the HD+ Service due to in
fl uences beyond the
control of HD PLUS. HD PLUS can in particular
provide no guarantee that it will be possible to
receive speci
fi c channels at a speci fi c time; this
shall not apply where HD PLUS is responsible
for a malfunction.
8.2 The user acknowledges that the quality of the
range of channels decoded and made accessible
fi rstly depends on the quality of the signal provided
by third parties and secondly, on the performance
of the display devices employed by the user,
and that both exceed the sphere of responsibility
of HD PLUS. The user likewise acknowledges
that the recording and playback of recorded
programmes may be restricted by third parties.
8.3 HD PLUS points out that it is not possible to develop
software programs that ensure faultless operation
for all requirements.
8.4 HD PLUS shall immediately eliminate, in
the framework of its existing technical and
operational facilities, all reported malfunctions
General Terms and Conditions of Business for HD+