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Appendix
Page 76
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 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 your promotion agreement to schedule the return of your leased
Equipment. If such Equipment is not returned in working order, normal wear and tear excepted, certain
charges will apply as described in your governing promotion agreement. You are responsible for, and
agree to pay, any costs of repair, replacement or other costs if you do not return such Equipment in an
undamaged condition.
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.