Appendix
Page 158
4. EQUIPMENT
A. In order to receive the Services it will be necessary for you to purchase or lease certain reception equipment consisting
primarily of a DISH Network compatible satellite receiver, and remote control (“Equipment”). You may also be provided with a
conditional access card (“Smart Card”) that is inserted into your satellite receiver. The Smart Card remains the property of
EchoStar Satellite L.L.C. 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 DVR products,
through periodic downloads. DISH Network will use commercially reasonable efforts to schedule these downloads to minimize
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. Failure to comply with this requirement may result in interruption of service.
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, the terms and conditions of the lease agreement shall apply, in
addition to the terms and conditions of this Agreement. 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,
or require the return of, 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.
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
