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Appendix
Page 126
B. You shall notify us promptly of any defect in, damage to, or accident involving the
equipment. All maintenance and repair of the equipment shall be performed by us or our
designees. DISH Network may charge you for any repairs that are necessitated by any damage to,
or misuse of, the Equipment.
6. TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT
DISH Network may sell, assign or transfer your account to a third party without notice to
you. You may not assign or transfer your Services without our written consent which will not be
unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services
if you lease your Equipment or if your account has an outstanding balance.
7. LIMITATION OF OUR LIABILITY
A. WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR LIABLE
FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR
NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF ALL OR
A PORTION OF THE SERVICES, THE RELOCATION OF ALL OR A PORTION OF THE
SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE
WITH YOUR DISH NETWORK DBS EQUIPMENT OR ANY ACTS OF GOD, FIRES,
EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, ACTS OF ANY
GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL. WE WILL
NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED
MATERIAL OR THE PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE,
DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT. WE MAKE NO WARRANTY,
EITHER EXPRESSED OR IMPLIED, REGARDING THE DISH NETWORK DBS
EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE
EXPRESSLY EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO
THE DBS EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO
FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT, FAILURE,
DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.
B. It is your responsibility to impose any restrictions on viewing by you, other members of
your household, or guests, and we shall have no liability to anyone due to or based on the content
of any of the Services furnished to you.
8. WARNING AGAINST PIRACY
It is a violation of several U.S. federal and state laws to receive any Services, or any portion
of such Services, without paying for them. The penalties for violating such laws can range from
imprisonment to civil damage awards of up to $110,000 per violation.
9. MISCELLANEOUS
A. Physical Address/Change of Address. When setting up your DISH Network account, you
agree to provide us with the physical street address where the Equipment will be located. A post
office box does not constitute a physical address and is not sufficient to meet this requirement.
You agree to give us prompt notice of your change of name, mailing address, physical address
where the Equipment is located or telephone number. You may do this by notifying our Customer
Service Center by telephone or in writing.
B. Notice. If we send you notice, it will be considered given when deposited in the U.S. Mail,
addressed to you at your billing address or hand-delivered to you. Our notice to you will also be
effective if provided on your billing statement or by telephone. If you give notice to us, it will be
deemed given when received by us at the address listed on the first page of this Agreement.
C. Applicable Law. This Agreement, including all matters relating to its validity,
construction, performance and enforcement, shall be governed by applicable federal law, the rules
and regulations of the Federal Communications Commission, and the laws and regulations of the