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Appendix
109
Residential Customer Agreement
the property of DISH Network at all times and any tampering or other unauthorized modification to any Smart Card is
strictly prohibited and may result in, and subject you to, legal action. You agree to return Smart Cards to us upon our
request.
B. Smart Cards are non-transferable. Your Smart Card will only work in the DISH Network receiver to which it was
assigned by DISH Network. If you report to our Customer Service Center that your Smart Card was lost, damaged,
defective or stolen, then we will replace it, as long as there is no evidence of unauthorized tampering or modification.
A replacement fee will apply ("Smart Card Replacement Fee"). In addition, in order to minimize downtime for your
Equipment, DISH Network will, upon your request, deliver a replacement Smart Card to you via overnight delivery in
which event our overnight delivery fee ("Overnight Delivery Fee") will apply.
C. DISH Network reserves the rights to alter software, features and/or functionality in your DISH Network receiver,
provide data and content to Personal Video Recorder/Digital Video Recorder ("PVR/DVR") products, store data and
content on the hard drives of PVR/DVR products, and send electronic counter-measures to your DISH Network
receiver, through periodic downloads. DISH Network will use commercially reasonable efforts to schedule these
downloads to minimize interference with or interruption to your Services, but shall have no liability to you for any
interruptions in Services arising out of or related to such downloads.
D. DISH Network's PVR/DVR Products allow you to record programming in digital format. Total recording time
varies depending on your receiver and the nature of the programs being recorded. DISH Network does not
guarantee access to or recording of any particular programming. Most programming is the copyrighted material of
the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced,
published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it
except as permitted by the "fair use" provisions of the U.S. copyright laws. DISH Network may, in its sole discretion,
add, change or remove features of its PVR/DVR Products and, upon notice to you, introduce or change fees for the
use of PVR/DVR Product features. DISH Network will notify you of any change that is within its reasonable control.
E. Your DISH Network receiver contains components and software that are proprietary to DISH Network. You agree
that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your
receiver or our Smart Card. Such actions are strictly prohibited and may result in the termination of this Agreement,
disconnection of your Services and/or legal action.
F. To optimize the operation of your Equipment, you must connect each DISH Network receiver on your account to a
land-based telephone line. For accounts containing multiple receivers, each receiver must be continuously
connected to the same land-based telephone line. Failure to connect each receiver to the same land-based
telephone line may result in interruption or disconnection of Services.
G. If your Equipment is stolen or otherwise removed from your premises without your authorization, you must notify
our Customer Service Center immediately, but in any event not more 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.
H. You are licensed to use the software provided in your DISH Network receiver(s), as updated by DISH Network
from time to time, solely in executable code form and solely in conjunction with lawful operation of the DISH Network
receiver(s) that you purchased or leased. You may not copy, modify or transfer any software provided in your DISH
Network receiver(s), or any copy thereof, 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. Any attempt to transfer any of the rights, duties or obligations of this license agreement is null and
void. 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 agreement, and DISH Network and its suppliers reserve all rights not expressly granted to
you. Except as stated above, this license agreement does not grant to you any intellectual property rights in the
software. If you breach any term or condition of this license agreement, this license agreement will terminate
immediately upon notice to you.
5. LEASED EQUIPMENT
A.
DISH Network may, from time to time, lease certain Equipment to subscribers. If you elect to lease Equipment
from DISH Network, the terms and conditions of the applicable promotional lease agreement shall apply, which are
in addition to (and without limitation of) the terms and conditions of this Agreement. Unless otherwise provided in
your promotional lease agreement, such Equipment shall at all times remain the sole and exclusive property of DISH
Network and we will have the right, in our sole discretion, to provide or replace leased Equipment with new or
reconditioned Equipment and to remove, or require the return of, such Equipment upon cancellation or
disconnection of your Services for any reason. None of such Equipment shall be deemed fixtures or part of your
realty. Our ownership of such Equipment may be displayed by notice contained on it. You shall have no right to
pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with such Equipment (or
any notice of our ownership thereon) at any time. Any reinstallation, return of, or change in, the location of such
Equipment shall be performed by us at our service rates in effect at the time of such service. You shall not attach any
electrical or other devices to, or otherwise alter any, Equipment without our prior written consent. We reserve the
right to make such filings as may be determined to be necessary by us in our sole discretion to evidence our