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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 at-rate service charge
already paid. This shall also apply where the
HD+ Card has become damaged or lost.
6 Indemni cation
The user shall be responsible vis-à-vis HD PLUS
for ful 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 insigni cant. Such obligation of noti cation
shall not exist where in the given circumstances,
noti cation is not objectively possible prior to
commencement of the cessation or restriction in
service or where this would delay the recti 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 in uences beyond the
control of HD PLUS. HD PLUS can in particular
provide no guarantee that it will be possible to
receive speci c channels at a speci 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
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+
150


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