Common use of Advance of Technology Clause in Contracts

Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Licensed Product, would have caused such products to fail to comply with these Robustness Rules, (“New Circumstances”). If an Adopter has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then within eighteen (18) months after Notice such Adopter shall cease distribution of such Licensed Product and shall only distribute Licensed Products that are compliant with the Robustness Rules in view of the then-current circumstances. Notwithstanding the foregoing, in the event that Adopter manufactures, distributes or sells Robust Inactive Products, Adopter shall have the right to continue to manufacture, distribute and sell the same version of such Robust Inactive Products for a period of up to two (2) years following such Notice, or such longer period as Licensor may, in extraordinary circumstances, approve in writing, provided that Adopter shall stop any further activation of the HDCP Functions in any such Robust Inactive Products no later than eighteen (18) months after the Notice. Where an Adopter can demonstrate that the cost of removing HDCP from a Robust Inactive Product would be substantial, Licensor shall not unreasonably decline written approval of an “extraordinary circumstance,” provided that such continued shipment without further activation would not affect the security of HDCP and there have not been repeated breaches of the Agreement by the Adopter. For review only - Not valid for execution

Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Licensed Product, would have caused such products to fail to comply with these Robustness Rules, (“New Circumstances”). If an Adopter has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then within eighteen (18) months after Notice such Adopter shall cease distribution of such Licensed Product and shall only distribute Licensed Products that are compliant with the Robustness Rules in view of the then-current circumstances. Notwithstanding the foregoing, in the event that Adopter manufactures, distributes or sells Robust Inactive Products, Adopter shall have the right to continue to manufacture, distribute and sell the same version of such Robust Inactive Products for a period of up to two (2) years following such Notice, or such longer period as Licensor may, in extraordinary circumstances, approve in writing, provided that Adopter shall stop any further activation of the HDCP Functions in any such Robust Inactive Products no later than eighteen (18) months after the Notice. Where an Adopter can demonstrate that the cost of removing HDCP from a Robust Inactive Product would be substantial, Licensor shall not unreasonably decline written approval of an “extraordinary circumstance,” provided that such continued shipment without further activation would not affect the security of HDCP and there have not been repeated breaches of the Agreement by the Adopter. For review only - Not valid for execution.

Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Licensed Product, would have caused such products to fail to comply with these Robustness Rules, (“New Circumstances”). If an Adopter has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then within eighteen (18) months after Notice such Adopter shall cease distribution of such Licensed Product and shall only distribute Licensed Products that are compliant with the Robustness Rules in view of the then-current circumstances. Notwithstanding the foregoing, in the event that Adopter manufactures, distributes or sells Robust Inactive Products, Adopter shall have the right to continue to manufacture, distribute and sell the same version of such Robust Inactive Products for a period of up to two (2) years following such Notice, or such longer period as Licensor may, in extraordinary circumstances, approve in writing, provided that Adopter shall stop any further activation of the HDCP Functions in any such Robust Inactive Products no later than eighteen (18) months after the Notice. Where an Adopter can demonstrate that the cost of removing HDCP from a Robust Inactive Product would be substantial, Licensor shall not unreasonably decline written approval of an “extraordinary circumstance,” provided that such continued shipment without further activation would not affect the security of HDCP and there have not been repeated breaches of the Agreement by the Adopter. For review only - Not valid for execution