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Appendix
149
Residential Customer Agreement
C. DISH Network reserves the rights to alter software, features and/or functionality in your DISH Network receivers,
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
receivers, 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.
Unless otherwise specified in the terms and conditions of the customer agreement(s) applicable to the promotion(s)
pursuant to which you are receiving Services and/or Equipment, we will charge you a monthly DISH Network DVR
service fee ("DISH Network DVR Service Fee") for each PVR/DVR receiver activated on your account.
E. DISH Network receivers contain 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 any
receiver or 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 continuously connect each DISH Network receiver on
your account to your same land-based telephone line. Failure to connect each receiver to your 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 by telephone or in writing 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, 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 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 provided in your DISH Network receiver(s). If you breach
any term or condition of this license agreement, this license agreement will automatically terminate.
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 customer agreement(s) applicable to the lease promotion(s)
pursuant to which you are leasing such Equipment shall apply, which are in addition to (and without limitation of) the
terms and conditions of this Agreement. Unless otherwise specified in such customer agreement(s): (i) such
Equipment, except for the satellite antenna, 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 and (ii) we will charge you a monthly equipment rental fee (an
"Equipment Rental Fee") for each leased receiver activated on your account. No leased Equipment provided to you
by DISH Network 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, 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
such 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 ownership rights in such Equipment, and you agree to
execute any and all documents as may be so determined to be necessary for us to make such filings. 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. Upon termination of your Services, you must notify our Customer Service Center or call the telephone number
set forth in the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing the
applicable Equipment to schedule the return of your leased Equipment. If such Equipment is not returned
undamaged and in working order, normal wear and tear excepted, certain charges will apply as described in the
customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing such Equipment.
You are responsible for, and agree to pay, any costs of repair, replacement or other costs if you do not return such
Equipment undamaged and in working order, normal wear and tear excepted.
C. You shall notify us promptly of any defect in, damage to, or accident involving your leased Equipment. All
maintenance and repair of such Equipment shall 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.