Appendix B
Page 132
C.You shall notify us promptly of any defect in, damage to, or accident involving your leased
Equipment. All maintenance and repair of such Equipment shall be performed by us or our
designee(s). DISH Network may charge you for any repairs that are necessitated by any
damage to, or misuse of, such 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.NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR
THEIR AFFILIATES WILL BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR
FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT
LIMITATION IF SUCH INTERRUPTION OR DELAY OR FAILURE TO PERFORM
ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH
NETWORK'S ACCESS TO ALL OR ANY PORTION OF SERVICES, THE
RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT
SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE WITH YOUR
EQUIPMENT, ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR
ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL
FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL
BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL.
B.NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR
THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM
LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING,
INCLUDING WITHOUT LIMITATION ANY LOSS OF PREVENTION OF
RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVICES OR EQUIPMENT.
C. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE
LAW, NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF
OUR OR THEIR AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESSED OR
IMPLIED, REGARDING YOUR DISH NETWORK EQUIPMENT OR ANY OTHER
EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY DISCLAIMED AND EXCLUDED.
D. IN NO EVENT SHALL WE, OUR THIRD PARTY BILLING AGENTS, OR ANY OF
OUR OR THEIR AFFILIATES HAVE ANY LIABILITY FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
TO DISH NETWORK EQUIPMENT OR ANY OTHER 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.
E.IT IS YOUR RESPONSIBILITY TO IMPOSE VIEWING RESTRICTIONS ON
YOURSELF, MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS
YOU DEEM APPROPRIATE. WE, OUR THIRD PARTY BILLING AGENTS, AND
OUR AND THEIR AFFILIATES SHALL HAVE NO LIABILITY TO ANYONE DUE TO,
OR BASED UPON, THE CONTENT OF ANY OF THE SERVICES FURNISHED TO
YOU.
8.WARNING AGAINST PIRACY.
A.It is a violation of various 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 include
imprisonment and civil damage awards of up to $110,000 per violation.
B.Title 47, Section 605(e)4, United States Code (U.S.C.) makes it a federal crime to modify
Equipment to receive encrypted (scrambled) television programming without payment of
required subscriptions. Conviction can result in a fine of up to $500,000 and imprisonment
for five years, or both. Any person who procures Equipment that has been so modified is an
accessory to that offense and may be punishable in the same manner. Investigative authority
for violations lies with the Federal Bureau of Investigation. Equipment may incorporate
copyright protection technology that is protected by U.S. patents and other intellectual
property rights. Use of such copyright protection technology must be authorized by
Macrovision, and is intended for home and other limited pay-per-view uses only unless
otherwise authorized by Macrovision. Reverse engineering or disassembly is prohibited.
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