Residential Customer Agreement
REPLACE EXISTING TECHNOLOGY, ACTS OF ANY GOVERNMENTAL BODY
OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. WE MAKE
NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE
PROGRAMMING PROVIDED 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 DTH EQUIPMENT OR RESULTING FROM OUR
FURNISHING OR FAILURE TO FURNISH ANY PROGRAMMING TO YOU OR
FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN PROGRAMMING
FURNISHED TO YOU. IN NO EVENT SHALL EXPRESSVU’S LIABILITY TO THE
SUBSCRIBER EXCEED THE TOTAL VALUE PAID TO EXPRESSVU BY THE
SUBSCRIBER FOR PROGRAMMING. It is your responsibility to impose any
restrictions on viewing by you, other members of your household, or your or their
invitees, and we shall have no liability to anyone due to, or based on, the content of any
of the Programming furnished to you.
(b) Acknowledgement re: DTH Equipment
YOU ACKNOWLEDGE AND AGREE THAT: (i) YOUR DTH EQUIPMENT HAS
BEEN ACQUIRED SEPARATELY AND APART FROM THIS AGREEMENT FOR
THE PROVISION OF PROGRAMMING. YOU ALSO ACKNOWLEDGE THAT
EXPRESSVU IS NOT THE MANUFACTURER, DISTRIBUTOR, INSTALLER OR
RETAILER OF YOUR DTH EQUIPMENT, AND THEREFORE HAS NO LIABILITY
WHATSOEVER FOR SUCH EQUIPMENT, INCLUDING, WITHOUT LIMITATION,
IN THE EVENT THAT THE SOFTWARE IN YOUR IRD BECOMES DISABLED OR
MODIFIED DUE TO THE IRCUMSTANCES OUTLINED IN SECTION 8(b)(ii) OR
UPDATED OR UPGRADED AS OUTLINED IN SECTION 8(b)(iii). ANY RIGHTS
AND REMEDIES WITH RESPECT TO THE DTH EQUIPMENT MUST BE
HANDLED DIRECTLY WITH THE MANUFACTURER, INSTALLER OR SUPPLIER
OF SUCH EQUIPMENT.
(ii) YOUR IRD CONTAINS SOFTWARE THAT IS UNDER LICENSE TO, OR
OWNED BY, EXPRESSVU. YOUR LICENSE TO USE THIS SOFTWARE IS
LIMITED TO RECEIVING AND VIEWING PROGRAMMING AUTHORIZED BY
EXPRESSVU ONLY AND FOR NO OTHER PURPOSE. IF EXPRESSVU HAS
REASONABLE GROUNDS TO BELIEVE THAT YOU ARE RECEIVING
UNAUTHORIZED PROGRAMMING, IN WHOLE OR IN PART, OR USING THE
SOFTWARE FOR ANY OTHER UNAUTHORIZED PURPOSE, EXPRESSVU
RESERVES THE RIGHT TO MODIFY OR DISABLE THE SOFTWARE IN YOUR
IRD. WARNING: IF THE SOFTWARE IN YOUR IRD IS DISABLED OR MODIFIED,
YOUR RECEIVER MAY NOT FUNCTION PROPERLY. YOU MAY NOT MODIFY,
TEST, REVERSE ENGINEER, DECOMPILE, TAMPER OR ACCESS THIS
SOFTWARE FOR ANY REASON WHATSOEVER.
(iii) EXPRESSVU RESERVES THE RIGHT, FROM TIME TO TIME, TO UPDATE OR
UPGRADE THE SOFTWARE IN YOUR IRD TO ENSURE THAT IT AND YOUR
DTH EQUIPMENT WILL REMAIN COMPATIBLE WITH AND FUNCTION
PROPERLY WITH ANY TECHNOLOGICAL ADVANCES OR IMPROVEMENTS
MADE TO OUR DTH SERVICE. IN CERTAIN CIRCUMSTANCES, IT MAY BE
NECESSARY TO MODIFY OR REMOVE SOME SOFTWARE FEATURES TO
INTRODUCE NEW FEATURES AND TO ENSURE YOUR IRD REMAINS
COMPATIBLE WITH SUCH TECHNOLOGICAL ADVANCES OR