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Appendix
Page 114
Corporation, the corporate parent of DISH Network and any tampering or other
unauthorized modification to the Smart Card is strictly prohibited and may result in, and
subject you to, legal action. You agree to return the Smart Card to us upon request.
B. Smart Cards are nontransferable. Your Smart Card will only work in the DISH
Network receiver to which it was assigned by DISH Network. If you report to the
Customer Service Center that your Smart Card was lost, damaged, defective or stolen we
will replace it, as long as there is no evidence of unauthorized tampering or modification.
A replacement fee will apply. 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. Our Overnight Delivery Fee will apply.
C. DISH Network reserves the right to alter software in your DISH Network
receiver, and provide content to PVR products, through periodic downloads. DISH
Network will use commercially reasonable efforts to schedule these downloads in a
manner that result in the least amount of interference with or interruption to your Service.
D. Your DISH Network receiver contains certain components and software which
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 your
Services and/or legal action.
E. For proper operation of your Equipment, DISH Network requires that you connect
each DISH Network receiver on your account to a telephone line. For accounts containing
multiple receivers, each receiver must be connected to the same telephone line.
F. If your DISH Network 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 the DISH Network Equipment. You
will not be liable for unauthorized use after we have received your timely notification.
5. LEASED EQUIPMENT
A. If you decide to lease your Equipment from DISH Network, such Equipment shall
at all times remain the sole and exclusive property of DISH Network and we will have the
right, at our discretion, to replace it with new or reconditioned equipment and to remove
the equipment upon termination of Services. None of the equipment shall be deemed
fixtures or part of your realty. Our ownership of the equipment may be displayed by
notice contained on the equipment. You shall have no right to pledge, sell, mortgage, give
away or remove, relocate, alter or tamper with the equipment (or any notice of our
ownership thereon) at any time. Any reinstallation, return of or change in location of the
equipment shall be performed by us at the service rates in effect at the time of service.
You shall not attach any electrical or other devices to or otherwise alter the equipment
without our prior written consent. DISH Network shall have the right to make such filings
as are necessary to evidence our ownership rights in the equipment, and you agree to
execute any and all documents as are necessary for us to make such filings. Upon
termination of Services, you must notify our Customer Service Center to schedule the
return the Equipment.
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.