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27 HD+ General Terms & Conditions
1. Scope, object of the contract and HD+ card
1.1 These general terms and conditions of HD PLUS GmbH, with its head office located at Betastrasse 1-10, 85774
Unterföhring, Germany ("HDP") apply exclusively for the HD+ service.
1.2 HDP cedes possession of a data medium ("HD+ card") to the user in accordance with these general terms & condi-
tions. The software / data stored on the HD+ card (together the "HD+ Software") are the only technical requirement for
the decrypted reception of certain digitally encrypted TV broadcasts ("programming") via a digital receiver with HD+
certification ("HD+ Service").
1.3 HDP grants the user a non-exclusive, non-transferable licence for the proper use of the HD+ software on the HD+ card,
for the purpose of the decryption of programming in accordance with the contract. This right is limited to the Federal
Republic of Germany. The user is prohibited from using the HD+ card outside of Germany. HDP can demand that the
HD+ card only be used in conjunction with an appropriate digital receiver. HDP is also entitled to ensure this by digital
means (so-called pairing of the digital receiver and the HD+ card).
1.4 The activation of the HD+ card is the responsibility of the user. The HD+ card may not be used in any other manner
than that agreed. The user is not entitled to copy, modify, disassemble, decompile or apply other procedures to the
HD+ software in order to determine its source code or its structure or to make themselves aware of or influence pro-
cesses or other status information without authorisation. Your statutory decompilation rights remain unaffected.
1.5 The digital receiver, the playback device (e.g. TV) and the programming are expressly not included within the service.
Certified digital receivers are available commercially. Their installation is the responsibility of the user. In the case of
technical or general problems with the digital receiver, responsibility for customer service lies with the manufacturer of
the digital receiver.
1.6 The number and composition of the channels may change during the contractual period.
1.7 HDP reserves the right to upgrade the software on the HD+ card and the digital receiver, as required for the use of the
HD+ service and for its expansion or modification at regular intervals and free of charge, or to update, expand or
modify the existing HD+ software. Regardless of existing regulations, HDP's liability in the event of data losses is limi-
ted to typical recovery costs.
1.8 HDP reserves the right to block or no longer support HD+ cards that enable unauthorised use of the HD+ service or an
encryption environment as a result of legal violations, including by third parties. Extension of the HD+ service following
expiry of the activation period, in accordance with Section 3.1, is not possible in the case of blocked or no longer sup-
ported HD+ cards.
2. User group and conditions of use
2.1 The HD+ service is available to natural persons of at least 18 years of age and is intended exclusively for private,
non-commercial use. Use outside of the private household and forwarding to third parties are not permitted.
2.2 A pre-requisite for use of the HD+ service is a digitally compatible satellite reception system, which is aligned with a
satellite used by HDP or, in certain cases, cable reception (see www.hd-plus.de / faq) and use of a digital receiver mar-
ked with the HD+ logo and a playback device (e.g. TV). However, these are not included within the scope of delivery
(cf. Section 1.5).
2.3 Unlimited, comprehensive use of the HD+ service is only possible when using HD+ certified digital receivers. When
using digital receivers without HD+ certification, technical limitations regarding the use of the HD+ service can occur,
even if HD+ certified common interface and receiver modules are used. In particular, it may be that the decryption or
playback of specific programming is not possible. Therefore, the user has neither a right to issue warranty claims
against HDP nor a right of extraordinary termination.
3. Fixed rate service fee / duration and extension of the HD+ service
3.1 Within the context of marketing offers, for example in conjunction with the purchase of an HD+ certified digital receiver,
HD+ cards will be issued that come pre-activated for several months of use of the HD+ service, at no additional cost to
the user. 3.2 Incidentally, there is a fixed rate service fee for use of the HD+ service, subject to the respective special
conditions.
3.3 The term for the use of the HD+ service begins upon activation of the HD+ card. A card is activated if it is inserted into
the intended slot on a digital receiver that is certified for HD+ and used to decrypt an HD+ channel, or upon extension
or activation by the user
3.4 In due time, prior to expiry of the respective activation of the HD+ service, the user will be notified of any possible
extension or repurchase options for use of the HD+ service, by means of a message on the playback device. The acti-
vation of an HD+ card should only be extended after the message is displayed on the playback device. Otherwise the
term of an existing activation can be cut short.
However, the purchase of an HD+ card does not entitle you to an extension of the card activation.
3.5 The programming and the services of third parties and their reception or use can incur separate costs, for which the
user will be responsible.
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