Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed Channels. (ii) To ensurethe Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin writing no more than twice per year during the Term, at KMSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPL, then KMSPLshall work withthe Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmay, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s satisfaction. (iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis. (iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber. (v) If so instructed by Information (as defined below) by KMSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough e-mail and the Operator shall be under obligation to act upon such information. (vi) KMSPLplans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas may be reasonably required by KMSPLin that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) 9.1 In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any ChannelChannel(s), in whole or in part part, (hereinafter collectively referred to as “"Piracy”"), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such the Term, employdeploy, maintain, and enforce fully effective and internationally renowned state of the art technology on the Platform and conditional access delivery and content protection and security systems, a tamper proof environment in its operations and related physical security and operational procedures (hereinafter collectively referred to the "Security Systems") as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras may be specified, specified in a non-non- discriminatory manner hereunder or in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsSPN Distribution.
(ii) 9.2 To ensurethe Operator‟s ensure the Operator's ongoing compliance with the security requirements as set out in the this Agreement, KMSPLmay SPN Distribution may require technical audits (“"Technical Audit(s)”Audit") to be conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin writing no more than twice per year during the Termauditor, at KMSPL‟s SPN Distribution's cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLSPN Distribution, then KMSPLshall Operator shall work withthe Operator with SPN Distribution in resolving such issues this issue in the next fourteen (14) business days. Operator shall, if required, forthwith resort to appropriate remedial measures, by way of adopting appropriate state of the art or next generation technology that shall improve the accuracy and efficacy of the Security Systems. If a solution is not reached at to SPN Distribution’s satisfaction by the end of said 14 days then, KMSPLmaySPN Distribution may, in its sole discretion, suspend the Operator‟s Operator's right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SPN Distribution's satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SPN Distribution's satisfaction.
9.3 For every Technical Audit referred to above, Operator shall make available all the data, records, systems information and details for inspection and audit by SPN Distribution or representatives, auditors designated by SPN Distribution on reasonable notice to the Operator, during normal business hours during the term of the Agreement and for 1 (iiione) year after the termination of this Agreement. Provided further that neither SPN Distribution’s acceptance of any such information nor payment for any deficiency or SPN Distribution's inspection or audit of the Operator’s records or accounts shall prevent SPN Distribution from later disputing the accuracy or completeness of any payment made or information supplied by the Operator. SPN Distribution and its representatives shall be entitled to visit all offices, head ends, control room and other locations of the Operator for any such inspection and audit. The Operator undertakes to provide and cause to provide access to all offices, head ends, control room and other locations of the Operator for any such inspection and audit by SPN Distribution or its representatives.
9.4 The Operator shall deploy finger printing mechanisms to detect any piracyPiracy, violation of copyright and unauthorized viewing of the ChannelsChannel(s), distributed/transmitted through itsdigital Addressable System its Platform at least once every 10 minutes on 24 x 7 x 365(6) basis.
(iv) 9.5 The Operator shall comply with all content protection measures that may be specified by SPN Distribution from time to time and shall report compliance to SPN Distribution in a timely manner as may be required and specified by SPN Distribution. The Operator shall also allow SPN Distribution full access to systems and controls for SPN Distribution to be satisfied that the IPTV is fully compliant with such content protection measures as may be specified by SPN Distribution in this regard.
9.6 The Operator shall not allow unauthorized taping or receipt of the Channels. The Operator shall not authorize, cause or suffer any portion of any of the Channels Channel(s) to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for linear distribution by the Operator at the time the Channels are Channel(s) is made available. Ifthe The Operator shall not authorize or permit the exhibition of the Channel(s) or any portion of the Channel(s) at any place where admission for exhibition of the Channel(s) is charged i.e. any place defined to form a part of the "Commercial Establishments" as defined in clause 1.14. The Operator shall not authorize or permit infringement of any copyrighted material exhibited on the Channel(s), or use the rights granted to it under this Agreement for any unlawful purpose.
9.7 If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, immediately notify KMSPLand SPN Distribution and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB set top box with personal video recorder/digital video recorder the Recorder facility which has been supplied to the Subscribers by the Operator shall not be treated as unauthorized use, as long as ; provided
(a) such Recorder facility in the STB complies with the terms of this Agreement; (b) such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber, (c) the Subscriber uses it strictly for non-commercial use and personal consumption.
(v) 9.8 If so instructed by Information (as defined below) by KMSPLSPN Distribution, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber Subscriber indulging in piracyPiracy, within 10 ten minutes from the time it receives such instruction from KMSPLSPN Distribution. Any communication under this clause Clause shall be considered as valid Information information only if (i) the information is sent through official e-mail in of a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such informationofficer of SPN Distribution. However the “Information” such foregoing information may even be provided by KMSPL‟s SPN Distribution representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” information shall later be confirmed by KMSPLthrough e-SPN Distribution through e mail and the Operator shall be under an obligation to act upon such informationinformation relating to Piracy and switch off the concerned STB.
(vi) KMSPLplans to actively combat piracy of the Channels in the Territory and 9.9 In such instances where the Operator undertakes is the only party that is allowed to work closely and initiate legal action against an unauthorized party, including, but not limited to, the filing of criminal complaints against such unauthorized party, the Operator agrees to grant necessary rights to SPN Distribution to initiate legal action. In the event SPN Distribution cannot initiate such legal action, against an unauthorized party, for want of locus standi, the Operator agrees to initiate the same. In all cases where legal action is initiated by SPN Distribution, the Operator agrees to provide SPN Distribution with all such assistance the necessary/required assistance.
9.10 In addition to KMSPLas may be reasonably required by KMSPLin that regard. The the above, the Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.E.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) 11.1. In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to Security Systems as “Security Systems”)and per the security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or may be specified, specified in a non-non- discriminatory manner in writing, from time to time, by KMSPL.The the Broadcaster. The Operator granting access to the Subscribed Channels to subscribers its Subscribers outside the Area through itsdigital Addressable Systemshall Authorized Area(s) shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) 11.2. To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay the Broadcaster may require technical audits (“Technical Audit(s)”) Audits conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin the Broadcaster in writing no more than twice per during each calendar year during the Term, at KMSPL‟s the Broadcaster’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLthe Broadcaster, then KMSPLshall the Broadcaster shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business working days. If a solution is not reached at by thenduring the said period, KMSPLmaythe Broadcaster may, in at its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels Channel(s) or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s the Broadcaster’s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s the Broadcaster’s satisfaction.
(iii) 11.3. The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the ChannelsChannel(s), distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) 11.4. The Operator shall not authorize, cause or suffer any portion of any of the Channels Channel(s) to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels Channel(s) are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within 10 (ten) minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, notify KMSPLand the Broadcaster and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) 11.5. If so instructed by Information ‘information’ (as defined described below) by KMSPLthe Broadcaster, the Operator shall shut off or de-de- authorize the transmission to any unauthorized subscriber/ subscriber or Subscriber indulging in piracy, within 10 (ten) minutes from the time it receives such instruction from KMSPLthe Broadcaster. Any communication under this clause Clause 11.5 shall be considered as valid Information information only if (i) the information is sent through e-mail email in a format as mutually agreed by the Parties Parties; and (ii) the information is sent by a person(s) who is is/are designated to send such information. However the “Information” information may even be provided by KMSPL‟s representatives the Broadcaster through other means of communications such as telephonic message, fax, fax etc. and the said “Information” information shall later be confirmed by KMSPLthrough the Broadcaster through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans 11.6. The Broadcaster plans to actively combat piracy of the Channels Channel(s) in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas the Broadcaster as may be reasonably required by KMSPLin that the Broadcaster in such regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery deliver y and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “the “ Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsBroadcaster.
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin it in writing no more than twice per year during the Term, at KMSPL‟s Broadcaster’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLBroadcaster, then KMSPLshall it shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayBroadcaster may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The Broadcaster’s satisfaction the Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s Broadcaster’s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 ten minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand Broadcaster and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB Set Top Box with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscribersubscriber.
(v) If so instructed by Information (as defined below) by KMSPLBroadcaster, the Operator shall shut off or de-de- authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 ten minutes from the time it receives such instruction from KMSPLinstruction. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail email in a format as mutually agreed by the Parties parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s Broadcaster or it’s representatives through other means of communications such as telephonic message, fax, fax etc. and the said “Informationinformation” shall later be confirmed by KMSPLthrough e-it through e mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans Broadcaster plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas Broadcaster as may be reasonably required by KMSPLin it in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in Schedule 2anti piracy policy.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The SDSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin SDSPL in writing no more than twice per year during the Term, at KMSPL‟s SDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLSDSPL, then KMSPLshall SDSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaySDSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SDSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SDSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand SDSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLSDSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLSDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s SDSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough SDSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans SDSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas SDSPL as may be reasonably required by KMSPLin SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The SDSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin SDSPL in writing no more than twice per year during the Term, at KMSPL‟s SDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E F to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLSDSPL, then KMSPLshall SDSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaySDSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SDSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SDSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand SDSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLSDSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLSDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s SDSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough SDSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans SDSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas SDSPL as may be reasonably required by KMSPLin SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter procedures(hereinafter collectively referred to as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through Areathrough itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin writing no more than twice per year during the Term, at KMSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to Gto this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPL, then KMSPLshall work withthe Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmay, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPL, ,the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans to actively combat piracy of the Channels in the Territory Area and the Operator undertakes to work closely and provide all such assistance to KMSPLas may be reasonably required by KMSPLin that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Subscribed Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsBroadcaster.
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements maintenance and implementation of the Security Systems set out in the Agreement, KMSPLmay the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin the Broadcaster in writing no more than twice per year during the Term, at KMSPL‟s the Broadcaster’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLthe Broadcaster, then KMSPLshall the Broadcaster, shall work withthe with the Operator in resolving such the issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaythe Broadcaster, may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.the Broadcaster’s satisfaction on behalf of the Broadcaster. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s satisfactionthe Broadcaster’s satisfaction on behalf of the Broadcaster.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Subscribed Channels, distributed/distributed / transmitted through itsdigital Addressable its HITS Distribution System at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Subscribed Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Subscribed Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, notify KMSPLand the Broadcaster, and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLthe Broadcaster, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber/subscriber indulging in piracy, within 10 minutes from the time it receives such Information instruction from KMSPLthe Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s representatives the Broadcaster through other means of communications such as telephonic message, fax, fax etc. and the said “Informationinformation” shall later be confirmed by KMSPLthrough the Broadcaster, through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans The Broadcaster plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas the Broadcaster, as may be reasonably required by KMSPLin the Broadcaster in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Subscribed Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsBroadcaster .
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements maintenance and implementation of the Security Systems set out in the Agreement, KMSPLmay the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin the Broadcaster in writing no more than twice per year during the Term, at KMSPL‟s the Broadcaster’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLBroadcaster then the Broadcaster, then KMSPLshall shall work withthe with the Operator in resolving such the issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaythe Broadcaster may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.the satisfaction of the Broadcaster. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s satisfactionthe satisfaction of the Broadcaster.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Subscribed Channels, distributed/distributed / transmitted through itsdigital Addressable its HITS Distribution System at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Subscribed Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Subscribed Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, notify KMSPLand the Broadcaster and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPL, the Broadcaster the Operator shall shut off or de-de- authorize the transmission to any unauthorized subscriber/ subscriber/subscriber indulging in piracy, within 10 minutes from the time it receives such Information instruction from KMSPLthe Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s representatives the Broadcaster through other means of communications such as telephonic message, fax, fax etc. and the said “Informationinformation” shall later be confirmed by KMSPLthrough the Broadcaster through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans Broadcaster plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas the Broadcaster, as may be reasonably required by KMSPLin the Broadcaster in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The SDSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin SDSPL in writing no more than twice per year during the Term, at KMSPL‟s SDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLSDSPL, then KMSPLshall SDSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaySDSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SDSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SDSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand SDSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLSDSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLSDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s SDSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough SDSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans SDSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas SDSPL as may be reasonably required by KMSPLin SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsXXXXX XXXXXX LTD.
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay XXXXX SATCOM LTD may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin XXXXX XXXXXX LTD in writing no more than twice per year during the Term, at KMSPL‟s XXXXX SATCOM LTD’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLXXXXX SATCOM LTD, then KMSPLshall XXXXX SATCOM LTD shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayXXXXX SATCOM LTD may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The XXXXX SATCOM LTD’s satisfaction the Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s XXXXX SATCOM LTD’s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 ten minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand XXXXX SATCOM LTD and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB Set Top Box with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscribersubscriber.
(v) If so instructed by Information (as defined below) by KMSPLXXXXX XXXXXX LTD, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 ten minutes from the time it receives such instruction from KMSPLXXXXX SATCOM LTD. Any communication under this clause shall be considered as valid Information only if if
(i) the information is sent through e-mail email in a format as mutually agreed by the Parties parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s XXXXX SATCOM LTD representatives through other means of communications such as telephonic message, fax, fax etc. and the they said “Informationinformation” shall later be confirmed by KMSPLthrough e-byMAVIS SATCOM LTD through e mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans XXXXX SATCOM LTD plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas XXXXX XXXXXX LTD as may be reasonably required by KMSPLin XXXXX XXXXXX LTD in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator MSO shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator SSCL. The MSO granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe Operator to the MSO allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe Operator‟s ensure the MSO’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay SSCL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin SSCL in writing no more than twice per year during the Term, at KMSPL‟s SSCL’s cost and expense. An indicative scope of audit is laid down in Annexure E G to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator MSO or KMSPLSSCL, then KMSPLshall SSCL shall work withthe Operator with the MSO in resolving such issues in the next fourteen ten (1410) business days. If a solution is not reached at by then, KMSPLmaySSCL may, in its sole discretion, suspend the Operator‟s MSO’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SSCL’s satisfaction.. The Operator MSO shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator MSO to KMSPL‟s SSCL’s satisfaction.
(iii) The Operator MSO shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator MSO shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator MSO at the time the Channels are made available. Ifthe Operator If the MSO becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator MSO shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand SSCL and the Operator MSO shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder facility which has been supplied by the Operator MSO, shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator MSO and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLSSCL, the Operator MSO shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLSSCL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s SSCL’s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough SSCL through e-mail and the Operator MSO shall be under obligation to act upon such information.
(vi) KMSPLplans SSCL plans to actively combat piracy of the Channels in the Territory and the Operator MSO undertakes to work closely and provide all such assistance to KMSPLas SSCL as may be reasonably required by KMSPLin SSCL in that regard. The Operator MSO shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Interconnection Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator DTH OPERATOR shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator SSCL. The DTH OPERATOR granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe Operator to the DTH OPERATOR allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe Operator‟s ensure the DTH OPERATOR’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay SSCL may require technical audits (“Technical Audit(s)”’) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin SSCL in writing no more than twice per year during the Term, at KMSPL‟s SSCL’s cost and expense. An indicative scope of audit is laid down in Annexure E G to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator DTH OPERATOR or KMSPLSSCL, then KMSPLshall SSCL shall work withthe Operator with the DTH OPERATOR in resolving such issues in the next fourteen ten (1410) business days. If a solution is not reached at by then, KMSPLmaySSCL may, in its sole discretion, suspend the Operator‟s DTH OPERATOR’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SSCL’s satisfaction.. The Operator DTH OPERATOR shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator DTH OPERATOR to KMSPL‟s SSCL’s satisfaction.
(iii) The Operator DTH OPERATOR shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator DTH OPERATOR shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator DTH OPERATOR at the time the Channels are made available. Ifthe Operator If the DTH OPERATOR becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator DTH OPERATOR shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand SSCL and the Operator DTH OPERATOR shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/digital video recorder facility facility, which has been supplied by the Operator DTH OPERATOR, shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator DTH OPERATOR and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLSSCL, the Operator DTH OPERATOR shall shut off or de-de- authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLSSCL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s SSCL’s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough SSCL through e-mail and the Operator DTH OPERATOR shall be under obligation to act upon such information.
(vi) KMSPLplans SSCL plans to actively combat piracy of the Channels in the Territory and the Operator DTH OPERATOR undertakes to work closely and provide all such assistance to KMSPLas SSCL as may be reasonably required by KMSPLin SSCL in that regard. The Operator DTH OPERATOR shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Interconnection Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The GDSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay GDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin GDSPL in writing no more than twice per year during the Term, at KMSPL‟s GDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLGDSPL, then KMSPLshall GDSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayGDSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s GDSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s GDSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand GDSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLGDSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLGDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s GDSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough GDSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans GDSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas GDSPL as may be reasonably required by KMSPLin GDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) 9.1 In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any ChannelChannel(s), in whole or in part part, (hereinafter collectively referred to as “"Piracy”"), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such the Term, employdeploy, maintain, and enforce fully effective and internationally renowned state of the art technology on the Platform and conditional access delivery and content protection and security systems, a tamper proof environment in its operations and related physical security and operational procedures (hereinafter collectively referred to the "Security Systems") as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras may be specified, specified in a non-non- discriminatory manner hereunder or in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsSPN Distribution.
(ii) 9.2 To ensurethe Operator‟s ensure the Operator's ongoing compliance with the security requirements as set out in the this Agreement, KMSPLmay SPN Distribution may require technical audits (“"Technical Audit(s)”Audit") to be conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin writing no more than twice per year during the Termauditor, at KMSPL‟s SPN Distribution's cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLSPN Distribution, then KMSPLshall Operator shall work withthe Operator with SPN Distribution in resolving such issues this issue in the next fourteen (14) business days. Operator shall, if required, forthwith resort to appropriate remedial measures, by way of adopting appropriate state of the art or next generation technology that shall improve the accuracy and efficacy of the Security Systems. If a solution is not reached at to SPN Distribution’s satisfaction by the end of said 14 days then, KMSPLmaySPN Distribution may, in its sole discretion, suspend the Operator‟s Operator's right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SPN Distribution's satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SPN Distribution's satisfaction.
9.3 For every Technical Audit referred to above, Operator shall make available all the data, records, systems information and details for inspection and audit by SPN Distribution or representatives, auditors designated by SPN Distribution on reasonable notice to the Operator, during normal business hours during the term of the Agreement and for 1 (iiione) year after the termination of this Agreement. Provided further that neither SPN Distribution’s acceptance of any such information nor payment for any deficiency or SPN Distribution's inspection or audit of the Operator’s records or accounts shall prevent SPN Distribution from later disputing the accuracy or completeness of any payment made or information supplied by the Operator. SPN Distribution and its representatives shall be entitled to visit all offices, head ends, control room and other locations (of the Operator and, or, any of its sub operator) for any such inspection and audit. The Operator undertakes to provide and cause to provide access to all offices, head ends, control room and other locations (of the Operator and, or, any of its sub operator) for any such inspection and audit by SPN Distribution or its representatives.
9.4 The Operator shall deploy finger printing mechanisms to detect any piracyPiracy, violation of copyright and unauthorized viewing of the ChannelsChannel(s), distributed/transmitted through itsdigital Addressable System its Platform at least once every 10 minutes on 24 x 7 x 365(6) basis.
(iv) 9.5 The Operator shall comply with all content protection measures that may be specified by SPN Distribution from time to time and shall report compliance to SPN Distribution in a timely manner as may be required and specified by SPN Distribution. The Operator shall also allow SPN Distribution full access to systems and controls for SPN Distribution to be satisfied that HITS service is fully compliant with such content protection measures as may be specified by SPN Distribution in this regard.
9.6 The Operator shall not allow unauthorized taping or receipt of the Channels. The Operator shall not authorize, cause or suffer any portion of any of the Channels Channel(s) to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for linear distribution by the Operator at the time the Channels are Channel(s) is made available. Ifthe The Operator shall not authorize or permit the exhibition of the Channel(s) or any portion of the Channel(s) at any place where admission for exhibition of the Channel(s) is charged i.e. any place defined to form a part of the "Commercial Establishments" as defined in clause 1.14. The Operator shall not authorize or permit infringement of any copyrighted material exhibited on the Channel(s), or use the rights granted to it under this Agreement for any unlawful purpose.
9.7 If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, immediately notify KMSPLand SPN Distribution and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB set top box with personal video recorder/digital video recorder the Recorder facility which has been supplied to the Subscribers by the Operator shall not be treated as unauthorized use, as long as ; provided
(a) such Recorder facility in the STB complies with the terms of this Agreement; (b) such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber, (c) the Subscriber uses it strictly for non-commercial use and personal consumption.
(v) 9.8 If so instructed by Information (as defined below) by KMSPLSPN Distribution, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber Subscriber indulging in piracyPiracy, within 10 ten minutes from the time it receives such instruction from KMSPLSPN Distribution. Any communication under this clause Clause shall be considered as valid Information information only if (i) the information is sent through official e-mail in of a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such informationofficer of SPN Distribution. However the “Information” such foregoing information may even be provided by KMSPL‟s SPN Distribution representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” information shall later be confirmed by KMSPLthrough e-SPN Distribution through e mail and the Operator shall be under an obligation to act upon such informationinformation relating to Piracy and switch off the concerned STB.
(vi) KMSPLplans to actively combat piracy of the Channels in the Territory and 9.9 In such instances where the Operator undertakes is the only party that is allowed to work closely and initiate legal action against an unauthorized party, including, but not limited to, the filing of criminal complaints against such unauthorized party, the Operator agrees to grant necessary rights to SPN Distribution to initiate legal action. In the event SPN Distribution cannot initiate such legal action, against an unauthorized party, for want of locus standi, the Operator agrees to initiate the same. In all cases where legal action is initiated by SPN Distribution, the Operator agrees to provide SPN Distribution with all such assistance the necessary/required assistance.
9.10 In addition to KMSPLas may be reasonably required by KMSPLin that regard. The the above, the Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.E.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) 9.1 In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any ChannelChannel(s), in whole or in part part, (hereinafter collectively referred to as “"Piracy”"), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such the Term, employdeploy, maintain, and enforce fully effective and internationally renowned state of the art technology on the Platform and conditional access delivery and content protection and security systems, a tamper proof environment in its operations and related physical security and operational procedures (hereinafter collectively referred to the "Security Systems") as “Security Systems”)and security specifications as are set forth in Schedule 2 of this Agreement and/oras may be specified, specified in a non-discriminatory manner hereunder or in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsSPN Distribution.
(ii) 9.2 To ensurethe Operator‟s ensure the Operator's ongoing compliance with the security requirements as set out in the this Agreement, KMSPLmay SPN Distribution may require technical audits (“"Technical Audit(s)”Audit") to be conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin writing no more than twice per year during the Termauditor, at KMSPL‟s SPN Distribution's cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLSPN Distribution, then KMSPLshall Operator shall work withthe Operator with SPN Distribution in resolving such issues this issue in the next fourteen (14) business days. Operator shall, if required, forthwith resort to appropriate remedial measures, by way of adopting appropriate state of the art or next generation technology that shall improve the accuracy and efficacy of the Security Systems. If a solution is not reached at to SPN Distribution’s satisfaction by the end of said 14 days then, KMSPLmaySPN Distribution may, in its sole discretion, suspend the Operator‟s Operator's right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SPN Distribution's satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SPN Distribution's satisfaction.
9.3 For every Technical Audit referred to above, Operator shall make available all the data, records, systems information and details for inspection and audit by SPN Distribution or representatives, auditors designated by SPN Distribution on reasonable notice to the Operator, during normal business hours during the term of the Agreement and for 1 (iiione) year after the termination of this Agreement. Provided further that neither SPN Distribution’s acceptance of any such information nor payment for any deficiency or SPN Distribution's inspection or audit of the Operator’s records or accounts shall prevent SPN Distribution from later disputing the accuracy or completeness of any payment made or information supplied by the Operator. SPN Distribution and its representatives shall be entitled to visit all offices, head ends, control room and other locations (of the Operator and, or, any of its sub operator) for any such inspection and audit. The Operator undertakes to provide and cause to provide access to all offices, head ends, control room and other locations (of the Operator and, or, any of its sub operator) for any such inspection and audit by SPN Distribution or its representatives.
9.4 The Operator shall deploy finger printing mechanisms to detect any piracyPiracy, violation of copyright and unauthorized viewing of the ChannelsChannel(s), distributed/transmitted through itsdigital Addressable System its Platform at least once every 10 minutes on 24 x 7 x 365(6) basis.
(iv) 9.5 The Operator shall comply with all content protection measures that may be specified by SPN Distribution from time to time and shall report compliance to SPN Distribution in a timely manner as may be required and specified by SPN Distribution. The Operator shall also allow SPN Distribution full access to systems and controls for SPN Distribution to be satisfied that the DAS is fully compliant with such content protection measures as may be specified by SPN Distribution in this regard.
9.6 The Operator shall not allow unauthorized taping or receipt of the Channels. The Operator shall not authorize, cause or suffer any portion of any of the Channels Channel(s) to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for linear distribution by the Operator at the time the Channels are Channel(s) is made available. Ifthe The Operator shall not authorize or permit the exhibition of the Channel(s) or any portion of the Channel(s) at any place where admission for exhibition of the Channel(s) is charged i.e. any place defined to form a part of the "Commercial Establishments" as defined in clause 1.14. The Operator shall not authorize or permit infringement of any copyrighted material exhibited on the Channel(s), or use the rights granted to it under this Agreement for any unlawful purpose.
9.7 If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, immediately notify KMSPLand SPN Distribution and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB set top box with personal video recorder/digital video recorder the Recorder facility which has been supplied to the Subscribers by the Operator shall not be treated as unauthorized use, as long as ; provided
(a) such Recorder facility in the STB complies with the terms of this Agreement; (b) such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber, (c) the Subscriber uses it strictly for non-commercial use and personal consumption.
(v) 9.8 If so instructed by Information (as defined below) by KMSPLSPN Distribution, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber Subscriber indulging in piracyPiracy, within 10 ten minutes from the time it receives such instruction from KMSPLSPN Distribution. Any communication under this clause Clause shall be considered as valid Information information only if (i) the information is sent through official e-mail in of a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such informationofficer of SPN Distribution. However the “Information” such foregoing information may even be provided by KMSPL‟s SPN Distribution representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” information shall later be confirmed by KMSPLthrough e-SPN Distribution through e mail and the Operator shall be under an obligation to act upon such informationinformation relating to Piracy and switch off the concerned STB.
(vi) KMSPLplans to actively combat piracy of the Channels in the Territory and 9.9 In such instances where the Operator undertakes is the only party that is allowed to work closely and initiate legal action against an unauthorized party, including, but not limited to, the filing of criminal complaints against such unauthorized party, the Operator agrees to grant necessary rights to SPN Distribution to initiate legal action. In the event SPN Distribution cannot initiate such legal action, against an unauthorized party, for want of locus standi, the Operator agrees to initiate the same. In all cases where legal action is initiated by SPN Distribution, the Operator agrees to provide SPN Distribution with all such assistance the necessary/required assistance.
9.10 In addition to KMSPLas may be reasonably required by KMSPLin that regard. The the above, the Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.E.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The SDSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area Territory through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin SDSPL in writing no more than twice per year during the Term, at KMSPL‟s SDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLSDSPL, then KMSPLshall SDSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaySDSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s SDSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s SDSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand SDSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLSDSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLSDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s SDSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough SDSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans SDSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas SDSPL as may be reasonably required by KMSPLin SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part par t, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement commencem ent of the Term of the Agreement agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery deliver y and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “the “ Security Systems”)and Systems”) & security specifications as are set forth for in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsRAJ TV .
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements requirem ents set out in the Agreement, KMSPLmay RAJ TV may require technical audits (“Technical Audit(s)”) conducted by an independent security technology technolog y auditor (“Technical Auditor”), approved by KMSPLin RAJ TV in writing no more than twice per year during the Term, at KMSPL‟s RAJ TV ’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLRAJ TV , then KMSPLshall RAJ TV shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayRAJ TV may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures m easures have been corrected to KMSPL‟s satisfaction.The RAJ TV ’s satisfaction the Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s RAJ TV ’s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 ten minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand RAJ TV and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB Set Top Box with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscribersubscriber.
(v) If so instructed by Information (as defined below) by KMSPLRAJ TV , the Operator shall shut off or de-de- authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 ten minutes from the time it receives during the working hrs such instruction from KMSPLRAJ TV . Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail email in a format as mutually agreed by the Parties parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s RAJ TV representatives through other means of communications such as telephonic message, fax, fax etc. and the said “Informationinformation” shall later be confirmed by KMSPLthrough e-RAJ TV through e mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans RAJ TV plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas RAJ TV as may be reasonably required by KMSPLin RAJ TV in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsBroadcaster.
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin the Broadcaster in writing no more than twice per year during the Term, at KMSPL‟s Broadcaster’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLthe Broadcaster, then KMSPLshall the Broadcaster shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmaythe Broadcaster may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The the Broadcaster’s satisfaction the Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s Broadcaster’s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 ten minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand Broadcaster and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB Set Top Box with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscribersubscriber.
(v) If so instructed by Information (as defined below) by KMSPLBroadcaster, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 ten minutes from the time it receives such instruction from KMSPLthe Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail email in a format as mutually agreed by the Parties parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s representatives the Broadcaster through other means of communications such as telephonic message, fax, fax etc. and the said “Informationinformation” shall later be confirmed by KMSPLthrough e-the Broadcaster through e mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans Broadcaster plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas the Broadcaster as may be reasonably required by KMSPLin that the Broadcaster in such regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) I. In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory non‐discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsBROADCASTER.
(ii) II. To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay BROADCASTER may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin BROADCASTER in writing no more than twice per year during the Term, at KMSPL‟s BROADCASTER’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLBROADCASTER, then KMSPLshall BROADCASTER shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayBROADCASTER may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the AgreementAgreement or under any statutory or common law, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The BROADCASTER’s satisfaction the Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s BROADCASTER’s satisfaction.
(iii) III. The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) IV. The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 ten minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand BROADCASTER and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB Set Top Box with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscribersubscriber.
(v) V. If so instructed by Information (as defined below) by KMSPLBROADCASTER, the Operator shall shut off or de-authorize de‐authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 ten minutes from the time it receives such instruction from KMSPLBROADCASTER. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail email in a format as mutually agreed by the Parties parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s BROADCASTER representatives through other means of communications such as telephonic message, fax, fax etc. and the said “Informationinformation” shall later be confirmed by KMSPLthrough e-BROADCASTER through e mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans VI. BROADCASTER plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas BROADCASTER as may be reasonably required by KMSPLin BROADCASTER in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Interconnect Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part part, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “Security Systems”)and Systems”) & security specifications as are set forth in Schedule 2 of this Agreement and/oras and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed ChannelsXXXXX SATCOM LTD.
(ii) To ensurethe Operator‟s ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay XXXXX SATCOM LTD may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin XXXXX SATCOM LTD in writing no more than twice per year during the Term, at KMSPL‟s XXXXX SATCOM LTD’s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits Audit are not found to be satisfactory by either the Operator or KMSPLXXXXX SATCOM LTD, then KMSPLshall XXXXX SATCOM LTD shall work withthe with the Operator in resolving such issues this issue in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayXXXXX SATCOM LTD may, in its sole discretion, suspend the Operator‟s Operator’s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.The XXXXX SATCOM LTD’s satisfaction the Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s XXXXX SATCOM LTD’s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/distributed / transmitted through itsdigital Addressable System its Platform at least every 10 minutes on 24 x 7 x7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 ten minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand XXXXX SATCOM LTD and the Operator shall also switch off the concerned STB Set Top Box to prevent such unauthorized use. However, use of a STB Set Top Box with personal video recorder/digital video recorder Personal Video Recorder/ Digital Video Recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscribersubscriber.
(v) If so instructed by Information (as defined below) by KMSPLXXXXX SATCOM LTD, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 ten minutes from the time it receives such instruction from KMSPLXXXXX SATCOM LTD. Any communication under this clause shall be considered as valid Information only if if
(i) the information is sent through e-mail email in a format as mutually agreed by the Parties parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Informationinformation” may even be provided by KMSPL‟s XXXXX SATCOM LTD representatives through other means of communications such as telephonic message, fax, fax etc. and the they said “Informationinformation” shall later be confirmed by KMSPLthrough e-byMAVIS SATCOM LTD through e mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans XXXXX SATCOM LTD plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas XXXXX SATCOM LTD as may be reasonably required by KMSPLin XXXXX SATCOM LTD in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The GDSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area Territory through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay GDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin GDSPL in writing no more than twice per year during the Term, at KMSPL‟s GDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPLGDSPL, then KMSPLshall GDSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayGDSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s GDSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s GDSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand GDSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPLGDSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPLGDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s GDSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough GDSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans GDSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas GDSPL as may be reasonably required by KMSPLin GDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement
Anti-Piracy. (i) In order to prevent theft, piracy, unauthorized retransmissions, redistribution or exhibition, copying or duplication of any Channel, in whole or in part (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement of the Term of the Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as “Security Systems”)and Systems”) and security specifications as are set forth in Schedule 2 of this Agreement and/oras and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL.The KMSPL. The Operator granting access to the Subscribed Channels to subscribers outside the Area through itsdigital its digital Addressable Systemshall System shall tantamount tothe to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensurethe ensure the Operator‟s ongoing compliance with the security requirements set out in the Agreement, KMSPLmay KMSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by KMSPLin KMSPL in writing no more than twice per year during the Term, at KMSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure E F to this Agreement. If the results of any Technical Audits are not found to be satisfactory by either the Operator or KMSPL, then KMSPLshall KMSPL shall work withthe with the Operator in resolving such issues in the next fourteen (14) business days. If a solution is not reached at by then, KMSPLmayKMSPL may, in its sole discretion, suspend the Operator‟s right to distribute the Subscribed Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to KMSPL‟s satisfaction.. The Operator shall bear the cost and expense of any subsequent Technical Audit to verify that the systems, procedures and security measures have been corrected by the Operator to KMSPL‟s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed/transmitted through itsdigital its digital Addressable System at least every 10 minutes on 24 x 7 x 365(6) basis.
(iv) The Operator shall not authorize, cause or suffer any portion of any of the Channels to be recorded, duplicated, cablecast, exhibited or otherwise used for any purpose other than for distribution by the Operator at the time the Channels are made available. Ifthe If the Operator becomes aware that any unauthorized third party is recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within 10 minutes of so becoming aware of such recording, duplicating, cablecastingcable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify KMSPLand KMSPL and the Operator shall also switch off the concerned STB to prevent such unauthorized use. However, use of a STB with personal video recorder/recorder / digital video recorder facility which has been supplied by the Operator shall not be treated as unauthorized use, as long as such STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the Subscriber.
(v) If so instructed by Information (as defined below) by KMSPL, the Operator shall shut off or de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within 10 minutes from the time it receives such instruction from KMSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through e-mail in a format as mutually agreed by the Parties and (ii) the information is sent by a person(s) who is designated to send such information. However the “Information” may even be provided by KMSPL‟s representatives through other means of communications such as telephonic message, fax, etc. and the said “Information” shall later be confirmed by KMSPLthrough KMSPL through e-mail and the Operator shall be under obligation to act upon such information.
(vi) KMSPLplans KMSPL plans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to KMSPLas KMSPL as may be reasonably required by KMSPLin KMSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations set forth in Schedule 2.
Appears in 1 contract
Samples: Subscription Agreement