Bedienungsanleitung Kathrein UFS 925 (Seite 149 von 152) (Englisch)

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1 Application, subject of contract and HD+ Card

1.1 The present General Terms and Conditions of

Business of HD PLUS GmbH, registered ofﬁ ce

at Betastraße 1-10, D-85774 Unterföhring

(“HD PLUS”), shall apply solely to the HD+ Service.

1.2 HD PLUS shall surrender to the user the title to a

data carrier (“HD+ Card”) according to the present

General Terms and Conditions of Business. The

software and data stored on the HD+ Card (jointly

referred to as the “HD+ Software”) merely constitute

the technical prerequisite for decoded reception of

certain television programmes broadcast in digitally

encoded form (“range of channels”) by means

of a digital receiver with HD+ certiﬁ cation (“HD+

Service”).

1.3 HD PLUS shall grant the user a non-exclusive,

non-transferable licence for utilisation of the HD+

Software contained on the HD+ Card in accordance

with the terms and conditions for the purpose of

decoding the range of channels according to the

contract. This right shall be restricted to the

territory of the Federal Republic of Germany.

The user shall not be permitted to utilise the HD+

Card outside Germany. HD PLUS may demand

that the HD+ Card is used solely in conjunction with

a digital receiver allocated to same. HD PLUS shall

be moreover entitled to ensure this by technical

means (so-called pairing of digital receiver and

HD+ Card).

1.4 Activation of the HD+ Card shall be the responsibility

of the user. The HD+ Card may not be used in any

manner other than as agreed. The user shall not be

entitled to copy, modify, disassemble or decompile

the HD+ Software or apply other procedures to

same in order to ascertain its source code or

structure or to discover or inﬂ uence processes or its

intermediate representation without authorisation.

Statutory rights of decompilation shall remain

unaffected thereby.

1.5 The digital receiver, the display device (e.g.

television set) and the range of channels shall

speciﬁ cally not constitute the object of performance.

Certiﬁ ed digital receivers are commercially

available for purchase. Their installation shall be the

responsibility of the user. In the event of technical

or general problems with the digital receiver the

responsibility for customer service shall lie with the

manufacturer of the digital receiver. The number

and composition of the range of channels may vary

in the course of the contractual term.

1.6 HD PLUS reserves the right to transfer the software

required for utilisation of the HD+ Service or for its

supplementation or modiﬁ cation to the HD+ Card

and the digital receiver free of charge at random

intervals or to update, supplement or modify the

HD+ Software contained therein. Notwithstanding

the above provisions, the liability of HD PLUS shall

be limited in the event of any loss of data to the

expenditure typical of data recovery.

1.7 HD PLUS reserves the right to block or to

withdraw support for HD+ Cards which following

the infringement of rights including by third parties

permit unauthorised utilisation of the HD+ Service

and/or bypassing of encryption. In the case of

blocked or unsupported HD+ Cards it shall not be

possible to renew the HD+ Service following the

expiry of activation according to item 3.1.

2 Authorised users and prerequisites for

utilisation

2.1 The HD+ Service shall be available to individuals

who are at least 18 years of age and is solely

intended for private, non-commercial usage.

2.2 The prerequisite for utilisation of the HD+

Service is a digitally capable satellite receiver,

aligned to one of the satellites used by HD PLUS

(cf. www.hd-plus.de/faq) as well as the use of a

digital receiver bearing the HD+ logo and a display

device (e.g. television set), which are not however

included in the scope of supply (cf. item 1.5).

2.3 Unlimited utilisation of the HD+ Service to its full

extent is possible only with the use of digital receivers

certiﬁ ed by HD+. Technical restrictions in usage

of the HD+ Service may occur if digital receivers

without HD+ certiﬁ cation are utilised, including with

the use of Common Interface+ receiver modules

certiﬁ ed by HD+. It may in particular not be possible

to decode or display individual channels. This shall

not give rise to any warranty claim or special right

of termination vis-à-vis HD PLUS on the part of the

user.

3 Flat-rate service fee/term and renewal of HD+

Service

3.1 A ﬂ at-rate service fee shall be charged for utilisation

of the HD+ Service. This shall be paid for twelve

months in advance by the purchase of an HD+

Card or renewal of the HD+ Service for an activated

HD+ Card where same has not been blocked

for renewal according to item 1.7, at the price

currently applicable in each case (cf. www.hd-plus.

de/preise). Renewal of the HD+ Service shall be

carried out by means of the payment procedure

offered by HD PLUS (cf. www.hd-plus.de/reload).

HD+ Cards which already include activation for the

HD+ Service for a period of 12 months at no further

cost to the user shall be issued in the framework of

marketing offers, for example in conjunction with the

purchase of an HD+ certiﬁ ed digital receiver.

3.2 The term granted for utilisation of the HD+ Service

shall commence with activation of the HD+ Card.

Cards shall be activated when inserted in the slot

of an HD+ certiﬁ ed digital receiver provided for this

purpose and used to decode an HD+ Programme

for the ﬁ rst time.

General terms and conditions of business for HD+

Kathrein UFS 925 Seite 149

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