User's Manual
46
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.
DISH Network may from time to time cease supporting one or more DISH Network receiver models.
G. Proprietary Components and Software. DISH Network receivers and Smart Cards contain components and software
that are proprietary to DISH Network and its licensors. You agree that you will not try to reverse-engineer, decompile or
disassemble, nor will you tamper with or modify, 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.
H. Software License. You are licensed to use the software provided in your DISH Network receiver(s), as updated by
DISH Network, its licensors and/or its suppliers 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 of such software, 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. You may not rent, lease, load, resell for prot 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,
and DISH Network, its licensors and its suppliers reserve all rights not expressly granted to you. Except as stated
above, this license does not grant to you any intellectual property rights in the software provided in your DISH Network
receiver(s). Any attempt to transfer any of the rights, duties or obligations of this license is null and void. If you breach
any term or condition of this license, this license will automatically terminate.
I. Stolen Equipment. If any of 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 later 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 notication.
5. LEASED EQUIPMENT
A. Lease Terms. We may choose to lease certain Equipment to subscribers. Unless otherwise specied in an applicable
Package Plan Agreement(s), such Equipment (including without limitation, the LNBFs, but not the satellite antenna), shall
at all times remain the sole and exclusive property of DISH Network, and we may provide or replace leased Equipment
with new or reconditioned Equipment at any time, and upon cancellation or disconnection of your Services, remove or
require the return of such Equipment. No leased Equipment provided to you by DISH Network shall be deemed xtures
or part of your real property. We may make such lings and recordings that we may consider necessary to evidence our
ownership rights in such Equipment, and you agree to execute any and all documents that we may consider necessary
for us to make such lings. Our ownership of such Equipment may be displayed by notice contained on it. You have
no right at any time to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with
such Equipment, or to tamper with or alter any notice of our ownership on such Equipment. Any reinstallation, return,
or change in the location of such Equipment must be performed by DISH Network at our then-current service rates.
You shall not attach any electrical or other devices to, or in any way alter, any such Equipment without our prior written
consent. 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. Return of Leased Equipment. It is your responsibility to return all leased Equipment within thirty (30) days following
cancellation or disconnection of your Services. You must call 800-333-DISH (3474) to receive a return authorization
number and instructions regarding acceptable methods for returning the Equipment. Options to return your Equipment
include, but are not limited to, the use of a shipping label and empty box provided by DISH Network by paying a Box
Return Fee (as detailed in Exhibit 1) (which price is subject to change at any time) or scheduling a DISH Network in-
home service call to remove the Equipment by paying a Service Call Fee (as detailed in Exhibit 1) charge (which price
is subject to change at any time). Equipment will not be deemed returned until received by DISH Network. If you do not
return such Equipment undamaged and in working order, normal wear and tear excepted, and in accordance with the
procedures set forth herein, then you are responsible and must pay us certain charges as described in the Package Plan
Agreement.
Residential Customer Agreement,
continued