Bedienungsanleitung Kathrein UFS 925 (Seite 150 von 152) (Englisch)

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3.3 The user shall be informed in good time prior to

the expiry of activation for the HD+ Service by the

appearance on the display device of a message

referring to expiry and the possibility of renewal

and/or new purchasing options for utilisation of the

HD+ Service. The activation of HD+ Cards should

not be renewed until this message has appeared on

the display device. Otherwise the existing activation

period may be reduced in length. The purchase of

an HD+ Card shall not however give rise to any

entitlement to renewal.

3.4 The range of channels and services offered by third

parties and their reception and/or utilisation may

incur separate costs for which the user is himself

responsible.

4 Observance of copyright

The HD+ Software and the HD+ Card are protected

by law. Where programs owned by licensers are

used, their property shall enjoy the same level

of protection. Any unauthorised reproduction or

distribution of the HD+ Software or HD+ Card

and/or its pirating will be the subject of civil action

instituted by HD PLUS, and possibly also criminal

proceedings.

5 Rights and obligations of user

5.1 Every user of the HD+ Service bears personal

responsibility for its proper usage; the user must in

particular ensure that programme content morally

harmful to youth is accessible only to persons

permitted by law to view same.

5.2 The user may not put the HD+ Service to misuse

and is obliged to protect the HD+ Card from loss

and misuse. The user shall in particular not be

permitted to make any intervention in the HD+

Software or arrange for such intervention in order

for example to enable the unauthorised reception

of encrypted channels. The use of devices in order

to bypass encryption shall be likewise prohibited.

Such misuse may become the subject of civil action

and criminal proceedings. Reference is made in this

regard to item 6 and item 7.3.

5.3 Where provision of the HD+ Service is impaired or

interrupted following intervention in the software

or hardware of the user for which HD PLUS is not

responsible, the user shall not be entitled to claim

reimbursement of any ﬂ at-rate service charge

already paid. This shall also apply where the

HD+ Card has become damaged or lost.

6 Indemniﬁ cation

The user shall be responsible vis-à-vis HD PLUS

for fulﬁ lment of the obligations listed under items 4

and 5. He shall indemnify HD PLUS from all third-

party claims asserted against HD PLUS as the

result of culpable infringement of said obligations

and/or harmful action on the part of the user and

shall provide compensation for any further losses

including the costs of bringing an action and legal

defence.

7 Rights and obligations of HD PLUS

7.1 HD PLUS shall notify the user of any temporary

cessation or restriction in service which is not

merely insigniﬁ cant. Such obligation of notiﬁ cation

shall not exist where in the given circumstances,

notiﬁ cation is not objectively possible prior to

commencement of the cessation or restriction in

service or where this would delay the rectiﬁ cation of

existing interruptions.

7.2 HD PLUS reserves the right without further notice

to carry out maintenance and servicing on its

technical systems for the purpose of continuation

and/or improvement of the HD+ Service. Such

maintenance windows may involve the interruption

or impairment of reception of the range of channels

without however giving rise to an entitlement to a

price reduction on the part of the user.

7.3 In the event of infringement of the present terms

and conditions of utilisation or a reasonable

suspicion of infringement by the user, in particular

with regard to above items 4 and 5, HD PLUS shall

be entitled at its own discretion:

7.3.1 to exclude the user from utilisation of the HD+

Service either on a temporary or permanent basis

and/or

7.3.2 to effect exceptional termination of the contract of

utilisation according to item 10.1.

7.4 HD PLUS shall serve a warning notice on the

user prior to exclusion or termination unless the

infringement is of such gravity that HD PLUS cannot

be reasonably expected to uphold the contract of

utilisation.

7.5 In the event of exclusion from service for which the

user is responsible according to item 7.3 the user

shall also be liable for payment of the remuneration

for the period of exclusion and the interruption in

service.

8 Guarantee

8.1 To render its services HD PLUS avails itself of

communications networks or technical facilities

belonging to third parties which are beyond the

control of HD PLUS. HD PLUS is thus unable to

rule out temporary restriction, impairment or failure

of the HD+ Service due to inﬂ uences beyond the

control of HD PLUS. HD PLUS can in particular

provide no guarantee that it will be possible to

receive speciﬁ c channels at a speciﬁ c time; this

shall not apply where HD PLUS is responsible for a

malfunction.

8.2 The user acknowledges that the quality of the

range of channels decoded and made accessible

ﬁ rstly depends on the quality of the signal provided

by third parties and secondly, on the performance

of the display devices employed by the user, and

that both exceed the sphere of responsibility of HD

PLUS. The user likewise acknowledges that the

recording and playback of recorded programmes

may be restricted by third parties.

General terms and conditions of business for HD+

Kathrein UFS 925 Seite 150

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