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7 . Limitation of Liability and Furnishing
of Programming
a) Exclusion of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND
EXCEPT AS OTHERWISE EXPLICITLY AGREED TO BY
TELUS, ITS AFFILIATES, ITS SUPPLIERS (INCLUDING
TELESAT CANADA AND BELL TV), AND THE EMPLOYEES,
DIRECTORS, OFFICERS AND REPRESENTATIVES OF
THE FOREGOING WILL NOT BE LIABLE FOR THE DTH
EQUIPMENT, THE SERVICES OR ANY INTERRUPTIONS
IN PROGRAMMING OR LIABLE FOR ANY DELAY
OR FAILURE TO PERFORM, IF SUCH DELAY OR
NON-PERFORMANCE ARISES IN CONNECTION
WITH ANY ACTS OF GOD, FIRES, EARTHQUAKES,
FLOODS, POWER FAILURE, SATELLITE FAILURE OR
MALFUNCTION, FAILURE TO REPLACE EXISTING
TECHNOLOGY, ACTS OF ANY GOVERNMENTAL BODY
OR ANY OTHER CAUSE BEYOND OUR REASONABLE
CONTROL . WE MAKE NO WARRANTY, EITHER
EXPRESSED OR IMPLIED, REGARDING THE DTH
EQUIPMENT, THE SERVICES OR THE PROGRAMMING
PROVIDED TO YOU AND ALL SUCH WARRANTIES ARE
EXPRESSLY EXCLUDED . IN NO EVENT SHALL WE HAVE
ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR FOR ECONOMIC LOSSES (REGARDLESS OF
THE THEORY OF LIABILITY ASSERTED, INCLUDING
NEGLIGENCE) RELATING TO THE DTH EQUIPMENT
OR RESULTING FROM OUR FURNISHING OR FAILURE
TO FURNISH ANY PROGRAMMING TO YOU OR FROM
ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
THE SERVICE OR PROGRAMMING FURNISHED TO
YOU . IN NO EVENT SHALL TELUS, ITS AFFILIATES,
THE DIRECTORS, OFFICERS AND REPRESENTATIVES
OF THE FOREGOING OR ITS SUPPLIERS AND BELL
TV’S LIABILITY TO SUBSCRIBER (REGARDLESS OF
THE THEORY OF LIABILITY ASSERTED, INCLUDING
NEGLIGENCE) EXCEED THE TOTAL VALUE PAID TO
TELUS BY SUBSCRIBER FOR PROGRAMMING IN
THE MONTH PRECEDING YOUR CLAIM . IT IS YOUR
RESPONSIBILITY TO IMPOSE ANY RESTRICTIONS
ON VIEWING BY YOU, OTHER MEMBERS OF YOUR
HOUSEHOLD, OR YOUR OR THEIR INVITEES, AND
WE SHALL HAVE NO LIABILITY TO ANYONE DUE
TO, OR BASED ON, THE CONTENT OF ANY OF THE
PROGRAMMING FURNISHED TO YOU .
b) Acknowledgement re: DTH Equipment
YOU ACKNOWLEDGE AND AGREE THAT: (i) TELUS
AND BELL TV, ARE NOT THE MANUFACTURER,
DISTRIBUTOR, INSTALLER OR RETAILER OF YOUR
DTH EQUIPMENT, AND THEREFORE HAVE NO LIABILITY
WHATSOEVER FOR SUCH EQUIPMENT, INCLUDING
IF THE SOFTWARE IN YOUR IRD OR AUTHORIZATION
DEVICE BECOMES DISABLED OR MODIFIED DUE TO
THE CIRCUMSTANCES OUTLINED IN SECTION 5(c) OR
UPDATED OR UPGRADED AS OUTLINED IN SECTION
4 . ANY RIGHTS AND REMEDIES WITH RESPECT TO
THE DTH EQUIPMENT CAN BE FOUND IN THE LIMITED
WARRANTY ACCOMPANYING THE DTH EQUIPMENT
AND MUST BE HANDLED DIRECTLY IN ACCORDANCE
THEREWITH; (ii) YOUR IRD AND AUTHORIZATION DEVICE
CONTAINS SOFTWARE THAT IS UNDER LICENCE TO,
OR OWNED BY, BELL TV . YOUR LICENCE TO USE
THIS SOFTWARE IS LIMITED TO RECEIVING AND
VIEWING PROGRAMMING ON THE TELUS SERVICE IS
AUTHORIZED ONLY AND FOR NO OTHER PURPOSE . IF
TELUS OR BELL TV HAS REASONABLE GROUNDS TO
BELIEVE THAT YOU ARE RECEIVING UNAUTHORIZED
PROGRAMMING, IN WHOLE OR IN PART, OR USING
THE SOFTWARE FOR ANY OTHER UNAUTHORIZED
PURPOSE, TELUS AND/OR BELL TV RESERVES THE
RIGHT TO MODIFY OR DISABLE THE SOFTWARE
IN YOUR IRD AND SMART CARD . WARNING: IF THE
SOFTWARE IN YOUR IRD AND/OR SMART CARD IS
DISABLED OR MODIFIED, YOUR RECEIVER MAY NOT
FUNCTION PROPERLY . YOU MAY NOT MODIFY, TEST,
REVERSE ENGINEER, DECOMPILE, TAMPER OR ACCESS
THIS SOFTWARE FOR ANY REASON WHATSOEVER;
(iii) TELUS AND/OR BELL TV RESERVES THE RIGHT, FROM
TIME TO TIME TO UPDATE, REPLACE OR UPGRADE THE
SOFTWARE IN YOUR IRD AND AUTHORIZATION DEVICE
(BY SWAP, REPLACEMENT, RECALL OR OTHERWISE)
TO ENSURE THAT IT AND YOUR DTH EQUIPMENT THAT
YOU EITHER OWN OR ARE RENTING FROM TELUS
WILL REMAIN COMPATIBLE WITH AND FUNCTION
PROPERLY WITH ANY TECHNOLOGICAL ADVANCES
OR IMPROVEMENTS MADE TO THE SERVICES . IN
CERTAIN CIRCUMSTANCES, IT MAY BE NECESSARY
TO MODIFY OR REMOVE SOME SOFTWARE FEATURES
TO INTRODUCE NEW FEATURES AND TO ENSURE
YOUR IRD AND AUTHORIZATION DEVICE REMAINS
COMPATIBLE WITH SUCH TECHNOLOGICAL ADVANCES
OR IMPROVEMENTS .
c) Programming availability
All Programming is provided on a “subject to availability”
basis . Certain Programming, including sports events,
may be “blacked out” in your area of reception from time
to time at the request of the programmer for copyright or
other reasons . If you circumvent or attempt to circumvent
any of these blackouts, you may be subject to legal action .
Programming may also be subject to temporary interruption
due to natural phenomena such as thunderstorms .
TELUS will not refund charges for the blackout period
or temporary interruptions . In addition, TELUS, BELL TV,
THEIR RESPECTIVE AFFILIATES AND THE DIRECTORS,
OFFICERS, EMPLOYEES AND REPRESENTATIVES OF
THE FOREGOING OR ITS SUPPLIERS, (INCLUDING
TELESAT CANADA), WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE WHICH YOU SUFFER AS A RESULT OF ANY
SUCH BLACKOUT OR TEMPORARY INTERRUPTION .
However, if TELUS causes a material interruption of
Programming that is not related to natural phenomena or
causes outside of its control, TELUS will provide a credit or
refund, at your request, for the Programming interruption
period . For greater certainty, no credit or refund will be
provided for Programming interruptions resulting from
TELUS disabling or modifying the software in an IRD
and/or Authorization Device pursuant to Section 5(c) of
this Agreement, or if TELUS can no longer provide any
particular Programming for any reason .
d) Private viewing
The right we provide you to receive and view the Programming
is for your private home viewing, use and enjoyment . You
will not receive, view or exhibit the Programming outside
of your private residence . The Programming may not be
rebroadcast, transmitted or performed in any form, and no
admission charged, or any other consideration received,
by or for the benefit of Subscriber from any third party in
return for allowing such third party to listen to or view any
Programming provided by us .
e) Warning against piracy
It is against the law to receive the Programming, or any
portion of the Programming, without paying for it (unless
permitted to do so by TELUS) . Doing so may result in civil or
criminal penalty . TELUS also reserves the right to take any
other action to prevent the reception of its Programming
without payment to, or authorization by, TELUS, including
the right to modify or disable, or cause the modification
or disabling of, the software in the IRD and Authorization
Device in accordance with Section 5(c) of this Agreement .
f) Additional rules for Pay Per View (“PPV”) Programming
Unless otherwise indicated by TELUS at the time you
place your order for PPV Programming, all sales of PPV
Programming are final . If TELUS is unable to provide
any PPV Programming that you have ordered, TELUS
shall credit you the amount for that PPV Programming .
TELUS shall have no other liability for cancelled events
or failure to provide any PPV Programming . Certain PPV
Programming may only be ordered if you also subscribe
to other prerequisite channels on the TELUS Service .
You shall indemnify and hold harmless TELUS from any
claims, liabilities, losses or damages resulting from your
use of PPV Programming in contravention of Section 7(d)
or 7(e) of this Agreement . PPV Programming also includes
season based sports PPV programming packages where
a customer may have access to all or many games in
a season of a professional sports league . Once you
subscribe to a season based sports PPV programming
package, your subscription is an ongoing one and will
continue from season to season . To cancel, you must call
310-MYTV (6988) before the start of the next season since
there are no refunds once a season has started .
8 . Privacy
You agree that TELUS may continue to collect, use and
disclose personal information about you for the purposes
identified in the TELUS Privacy Commitment (as it may
be amended from time to time), which can be viewed
at www .telus .com . Those purposes are: 1 . to establish
and maintain a responsible commercial relationship with
you and to provide ongoing service; 2 . to understand
your needs and preferences; 3 . to develop, enhance,
market or provide products and services; 4 . to manage
and develop our business and operation; and 5 . to meet
legal and regulatory requirements . When providing the
DTH Services to you, TELUS will be acting as the agent
of Bell TV, their successors and assigns, and must collect
and share personal information about you to Bell TV .
Information about Bell’s privacy policies is available at
www .bell .ca/privacy . You also agree that, for the purposes
identified above, TELUS may share your personal information
on a confidential basis with third party service providers .
You acknowledge that if any such service provider is
located in the U .S . or other foreign country, your personal
information may be processed and stored in that country
and may be accessed by the governments, courts, and law
enforcement or regulatory agencies of that country under
its laws . More information about TELUS’ privacy practices
is available at the above Web site . If you have any questions
or concerns about these privacy practices, you may call
1-800-567-0000 or send an e-mail to privacy@telus .com .
9 . Miscellaneous Provisions
a) Applicable Law and Enforceability
TELUS is a federally-regulated undertaking and as such,
this Agreement, including all matters relating to its validity,
construction, performance and enforcement, shall be
governed by applicable federal laws and regulations of
Canada and only those provincial laws and regulations
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