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Residential Customer AgreePHQW
27
H. Software License. You are licensed to use the software provided in your DISH Network
receiver(s), as updated by DISH Network, its licensors and/or its suppliers from time to time,
solely in executable code form, solely in conjunction with lawful operation of the DISH Network
receiver(s) that you purchased or leased, and solely for the purposes permitted under this
Agreement. You may not copy, modify or transfer any software provided in your DISH Network
receiver(s), or any copy of such software, in whole or in part. You may not reverse-engineer,
disassemble, decompile or translate such software, or otherwise attempt to derive its source
code, except to the extent allowed under any applicable laws. You may not rent, lease, load,
resell for profit or distribute any software provided in your DISH Network receiver(s), or any part
thereof. Such software is licensed, not sold, to you for use only under the terms and conditions
of this license, and DISH Network, its licensors and its suppliers reserve all rights not expressly
granted to you. Except as stated above, this license does not grant to you any intellectual
property rights in the software provided in your DISH Network receiver(s). Any attempt to
transfer any of the rights, duties or obligations of this license is null and void. If you breach any
term or condition of this license, this license will automatically terminate.
I. Stolen Equipment.
. If any of your Equipment is stolen or otherwise removed from your
premises without your authorization, you must notify our customer service center by telephone
or in writing immediately, but in any event not later than three (3) business days after such
removal, to avoid liability for payment for unauthorized use of your Equipment. You will not be
liable for unauthorized use that occurs after we have received your notification.
5. LEASED EQUIPMENT
A. Lease Terms.
We may choose to lease certain Equipment to subscribers. Unless otherwise
specified in an applicable Promotion Agreement(s), such Equipment (including without limitation,
the LNBFs, but not the satellite antenna), shall at all times remain the sole and exclusive
property of DISH Network, and we may provide or replace leased Equipment with new or
reconditioned Equipment at any time, and upon cancellation or disconnection of your Services,
remove or require the return of such Equipment. No leased Equipment provided to you by DISH
Network shall be deemed fixtures or part of your real property. We may make such filings and
recordings that we may consider necessary to evidence our ownership rights in such Equipment,
and you agree to execute any and all documents that we may consider necessary for us to make
such filings. Our ownership of such Equipment may be displayed by notice contained on it. You
have no right at any time to pledge, sell, mortgage, otherwise encumber, give away, remove,
relocate, alter or tamper with such Equipment, or to tamper with or alter any notice of our
ownership on such Equipment. Any reinstallation, return, or change in the location of such
Equipment must be performed by DISH Network at our then-current service rates. You shall not
attach any electrical or other devices to, or in any way alter, any such Equipment without our
prior written consent. You are responsible for preventing the loss or destruction of leased
Equipment and we recommend that such Equipment be covered by your homeowners, renters
or other insurance policy.
B. Return of Leased Equipment.
Upon cancellation or disconnection of your Services, you must
contact our customer service center or call the telephone number set forth in any applicable
Promotion Agreement to schedule the return of your leased Equipment. If you do not return such
Equipment undamaged and in working order, normal wear and tear excepted, you are
responsible and must pay us certain charges as described in any applicable Promotion
Agreement.
C. Defects and Damages.
You must notify us immediately of any defect in, damage to, or
accident involving your leased Equipment. All maintenance and repair of such Equipment must
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 notifying you. You
may not assign or transfer your Services without our written consent, which will not be