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Appendix
28
unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services
if you lease Equipment or your account has an outstanding balance.
7. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS.
NEITHER WE NOR OUR THIRD-PARTY BILLING
AGENTS, NOR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY
INTERRUPTION IN ANY SERVICE OR FOR ANY DELAY OR FAILURE TO PERFORM,
INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR FAILURE TO
PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH
NETWORK'S ACCESS TO ALL OR ANY PORTION OF SERVICES; THE RELOCATION OF
ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S); A CHANGE IN
THE FEATURES AVAILABLE WITH YOUR EQUIPMENT; ANY SOFTWARE OR OTHER
DOWNLOADS INITIATED BY US; OR ANY ACTS OF GOD, FIRES, EARTHQUAKES,
FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF
ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE
CONTROL.
B. ALTERATIONS TO EQUIPMENT.
NONE OF DISH NETWORK, ECHOSTAR OR OUR
THIRD-PARTY BILLING AGENTS, OR ANY OF OUR OR THEIR AFFILIATES, WILL BE
LIABLE FOR ANY ALTERATION TO ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION,
REMOVING OR DISABLING FEATURES (SUCH AS THE ABILITY TO ACCESS THE
INTERNET VIA A RECEIVER).
C. LOSS OF RECORDED MATERIAL.
NEITHER WE NOR OUR THIRD-PARTY BILLING
AGENTS NOR ANY OF OUR OR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGE
RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF
RECORDING, INCLUDING WITHOUT LIMITATION, ANY LOSS OR PREVENTION OF
RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR
EQUIPMENT.
D. NO WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY
APPLICABLE STATE LAW, NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR
ANY OF OUR OR THEIR AFFILIATES, MAKE ANY WARRANTY, EITHER EXPRESSED OR
IMPLIED, REGARDING YOUR DISH NETWORK EQUIPMENT OR ANY OTHER EQUIPMENT
OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND
EXCLUDED.
E. CONTENT RESTRICTIONS.
IT IS YOUR RESPONSIBILITY TO IMPOSE ANY
PROGRAMMING, INTERNET OR OTHER CONTENT RESTRICTIONS ON YOURSELF,
MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS YOU DEEM
APPROPRIATE. NONE OF DISH NETWORK, ECHOSTAR, OUR THIRD-PARTY BILLING
AGENTS, OR OUR AND THEIR AFFILIATES SHALL HAVE ANY LIABILITY TO ANYONE DUE
TO, OR BASED UPON, ANY CONTENT (INCLUDING WITHOUT LIMITATION, ANY
INACCURACIES, ERRORS IN, OR OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN
ANY OF THE SERVICES FURNISHED TO YOU; OR (ii) ACCESSED USING THE SERVICES
OR EQUIPMENT FURNISHED TO YOU.
F.DAMAGES LIMITATION.
NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR
ANY OF OUR OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO: DISH NETWORK EQUIPMENT OR ANY OTHER EQUIPMENT; OUR
FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU; OR
ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT
FURNISHED TO YOU.
8. WARNING AGAINST PIRACY AND INFRINGEMENT
A. PIRACY.
Receiving any portion of the Services without paying for them and/or any direct or
indirect act or attempted act to engage or assist in any unauthorized interception or reception of