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 deliver y and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the Broadcaster. (ii) To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it in writing no more than twice per year during the Term, at Broadcaster’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or Broadcaster, then it shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster may, in its sole discretion, suspend the Operator’s right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to 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 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 / transmitted through its Platform at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box 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 Broadcaster, the Operator shall shut off or de- authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives such instruction. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email 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 Broadcaster or it’s representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it through e mail and the Operator shall be under obligation to act upon such information. (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 Broadcaster as may be reasonably required by 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 anti piracy policy.
Appears in 2 contracts
Sources: Subscription Agreement, Subscription Agreement
Anti-Piracy. (ia) 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-non- discriminatory manner in writing, from time to time, by the Broadcaster.
(iib) To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it the Broadcaster in writing no more than twice per year during the Term, at the Broadcaster’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or the Broadcaster, then it the Broadcaster shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, the Broadcaster may, in its sole discretion, suspend the Operator’s right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to 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 the Broadcaster’s satisfaction.
(iiic) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Channels, distributed / transmitted through its Platform at least every 10 minutes on 24 x7 x 7 x 365(6) basis.
(ivd) 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify the Broadcaster and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the subscriber.
(ve) If so instructed by Information (as defined below) by the Broadcaster, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives such instructioninstruction from the Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email 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 the Broadcaster or it’s representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it the Broadcaster through e mail and the Operator shall be under obligation to act upon such information.
(vif) 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 the Broadcaster as may be reasonably required by it the Broadcaster in that such regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 2 contracts
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by SDSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it SDSPL in writing no more than twice per year during the Term, at Broadcaster’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 Audit Audits are not found to be satisfactory by either the Operator or BroadcasterSDSPL, then it SDSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster SDSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster SDSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterSDSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from SDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s SDSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it SDSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster SDSPL as may be reasonably required by it SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 2 contracts
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & Systems”)and security specifications as are set forth in Schedule 2 and/ or 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 BroadcasterSubscribed Channels to subscribers outside the Area through itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s ensurethe Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster may KMSPLmay require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it in KMSPLin writing no more than twice per year during the Term, at Broadcaster’s 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 Audit Audits are not found to be satisfactory by either the Operator or BroadcasterKMSPL, then it shall KMSPLshall work with the withthe Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster mayKMSPLmay, 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 Broadcaster’s satisfaction the 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 Broadcaster’s 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 / distributed/transmitted through its Platform itsdigital Addressable System at least every 10 minutes on 24 x7 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. If the Ifthe Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster and KMSPLand the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterKMSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from KMSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s KMSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it through e KMSPLthrough e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster plans KMSPLplans to actively combat piracy of the Channels in the Territory and the Operator undertakes to work closely and provide all such assistance to Broadcaster as KMSPLas may be reasonably required by it in KMSPLin that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 2 contracts
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter procedures(hereinafter collectively referred to as the “ “Security Systems”) & Systems”)and security specifications as are set forth in Schedule 2 and/ or 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 BroadcasterSubscribed Channels to subscribers outside the Areathrough itsdigital Addressable Systemshall tantamount tothe Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s ensurethe Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster may KMSPLmay require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it in KMSPLin writing no more than twice per year during the Term, at Broadcaster’s KMSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure Gto this Agreement. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator or BroadcasterKMSPL, then it shall KMSPLshall work with the withthe Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster mayKMSPLmay, 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 Broadcaster’s satisfaction the 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 Broadcaster’s 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 / distributed/transmitted through its Platform itsdigital Addressable System at least every 10 minutes on 24 x7 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. If the Ifthe Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster and KMSPLand the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 Broadcaster, KMSPL,the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from KMSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s KMSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it through e KMSPLthrough e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster plans 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 Broadcaster as KMSPLas may be reasonably required by it in KMSPLin that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 2 contracts
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by SDSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it SDSPL in writing no more than twice per year during the Term, at Broadcaster’s SDSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure F to this Agreement. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator or BroadcasterSDSPL, then it SDSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster SDSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster SDSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterSDSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from SDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s SDSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it SDSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster SDSPL as may be reasonably required by it SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 2 contracts
Sources: 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 Agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access deliver y and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to Security Systems as per the “ Security Systems”) & security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or may be specified, specified in a non-non- discriminatory manner in writing, from time to time, by the Broadcaster. The Operator granting access to the Subscribed Channels to its Subscribers outside the Authorized Area(s) shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) 11.2. To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, the Broadcaster may require technical audits (“Technical Audit(s)”) Audits conducted by an independent security technology auditor (“Technical Auditor”), approved by it the Broadcaster in writing no more than twice per during each calendar year during the Term, at the Broadcaster’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or the Broadcaster, then it the Broadcaster shall work with the Operator in resolving this issue in the next fourteen (14) business working days. If a solution is not reached at by thenduring the said period, the Broadcaster may, in at its sole discretion, suspend the Operator’s right to distribute the Channels Subscribed Channel(s) or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to the Broadcaster’s satisfaction the 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 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 / transmitted through its Platform at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within ten 10 (ten) minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, notify the Broadcaster and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB is used in accordance with the terms and conditions of the subscription agreement between the Operator and the subscriberSubscriber.
(v) 11.5. If so instructed by Information ‘information’ (as defined described below) by the Broadcaster, the Operator shall shut off or de- authorize the transmission to any unauthorized subscriber/ subscriber or Subscriber indulging in piracy, within ten 10 (ten) minutes from the time it receives such instructioninstruction from the Broadcaster. Any communication under this clause Clause 11.5 shall be considered as valid Information information only if (i) the information is sent through 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 the Broadcaster or it’s representatives through other means of communications such as telephonic message, fax etc. and the said “information” information shall later be confirmed by it the Broadcaster through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) 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 the Broadcaster as may be reasonably required by it the Broadcaster in that such regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 2 contracts
Sources: 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, (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 deliver y 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 as the “ "Security Systems”") & security specifications as are set forth in Schedule 2 and/ or may be specified, specified in a non-non- discriminatory manner hereunder or in writing, from time to time, by the BroadcasterSPN Distribution.
(ii) 9.2 To ensure the Operator’s 's ongoing compliance with the security requirements as set out in the this Agreement, Broadcaster SPN Distribution may require technical audits (“"Technical Audit(s)”Audit") to be conducted by an independent security technology auditor (“Technical Auditor”), approved by it in writing no more than twice per year during the Termauditor, at Broadcaster’s SPN Distribution's cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or BroadcasterSPN Distribution, then it Operator shall work with the Operator SPN Distribution in resolving 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, Broadcaster SPN Distribution may, in its sole discretion, suspend the Operator’s 's right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform at least once every 10 minutes on 24 x7 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. 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, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, immediately notify Broadcaster SPN Distribution and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box set top box with Personal Video Recorder/ Digital Video 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 Set Top Box 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 subscriberSubscriber, (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 BroadcasterSPN Distribution, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber Subscriber indulging in piracyPiracy, within ten minutes from the time it receives such instructioninstruction from SPN Distribution. Any communication under this clause Clause shall be considered as valid Information information only if (i) the information is sent through email in official e-mail 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 Broadcaster or it’s SPN Distribution representatives through other means of communications such as telephonic message, fax fax, etc. and the said “information” information shall later be confirmed by it 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) Broadcaster plans 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 Broadcaster as may be reasonably required by it in that regard. The the above, the Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policy.Schedule E.
Appears in 2 contracts
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the Broadcaster▇▇▇▇▇ ▇▇▇▇▇▇ LTD.
(ii) To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, Broadcaster ▇▇▇▇▇ SATCOM LTD may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it ▇▇▇▇▇ ▇▇▇▇▇▇ LTD in writing no more than twice per year during the Term, at Broadcaster▇▇▇▇▇ SATCOM LTD’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or Broadcaster▇▇▇▇▇ SATCOM LTD, then it ▇▇▇▇▇ SATCOM LTD shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster ▇▇▇▇▇ SATCOM LTD may, in its sole discretion, suspend the Operator’s right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to Broadcaster▇▇▇▇▇ 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 Broadcaster▇▇▇▇▇ 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 / transmitted through its Platform at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster ▇▇▇▇▇ SATCOM LTD and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box 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 Broadcaster▇▇▇▇▇ ▇▇▇▇▇▇ LTD, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives such instructioninstruction from ▇▇▇▇▇ SATCOM LTD. Any communication under this clause shall be considered as valid Information only if if
(i) the information is sent through email 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 Broadcaster or it’s ▇▇▇▇▇ SATCOM LTD representatives through other means of communications such as telephonic message, fax etc. and the they said “information” shall later be confirmed by it byMAVIS SATCOM LTD through e mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster ▇▇▇▇▇ 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 Broadcaster ▇▇▇▇▇ ▇▇▇▇▇▇ LTD as may be reasonably required by it ▇▇▇▇▇ ▇▇▇▇▇▇ LTD in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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, (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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the Broadcaster.
(ii) To ensure the Operator’s ongoing compliance with the security requirements maintenance and implementation of the Security Systems set out in the Agreement, the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it the Broadcaster in writing no more than twice per year during the Term, at the Broadcaster’s cost and expense. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator or the Broadcaster, then it the Broadcaster, shall work with the Operator in resolving this issue the issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster the Broadcaster, 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 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 the Broadcaster’s satisfactionsatisfaction 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 / transmitted through its Platform HITS Distribution System at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, notify Broadcaster the Broadcaster, and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 the Broadcaster, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber/subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructionInformation instruction from the Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 “information” may even be provided by the Broadcaster or it’s representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it the Broadcaster, through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) 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 Broadcaster the Broadcaster, as may be reasonably required by it the Broadcaster in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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, (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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory non‐discriminatory manner in writing, from time to time, by the BroadcasterBROADCASTER.
(ii) II. To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, Broadcaster BROADCASTER may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it BROADCASTER in writing no more than twice per year during the Term, at BroadcasterBROADCASTER’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or BroadcasterBROADCASTER, then it BROADCASTER shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster BROADCASTER may, in its sole discretion, suspend the Operator’s right to distribute the 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 BroadcasterBROADCASTER’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 BroadcasterBROADCASTER’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 / transmitted through its Platform at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster BROADCASTER and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box is used in accordance with the terms and conditions of the subscription agreement between the Operator and the subscriber.
(v) V. If so instructed by Information (as defined below) by BroadcasterBROADCASTER, the Operator shall shut off or de- authorize de‐authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives such instructioninstruction from BROADCASTER. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email 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 Broadcaster or it’s BROADCASTER representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it BROADCASTER through e mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster BROADCASTER as may be reasonably required by it BROADCASTER in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 DTH 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & Systems”)and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by SSCL. The DTH OPERATOR granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the DTH OPERATOR allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the OperatorDTH OPERATOR’s ongoing compliance with the security requirements set out in the Agreement, Broadcaster SSCL may require technical audits (“Technical Audit(s)”’) conducted by an independent security technology auditor (“Technical Auditor”), approved by it SSCL in writing no more than twice per year during the Term, at BroadcasterSSCL’s cost and expense. An indicative scope of audit is laid down in Annexure G to this Agreement. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator DTH OPERATOR or BroadcasterSSCL, then it SSCL shall work with the Operator DTH OPERATOR in resolving this issue such issues in the next fourteen ten (1410) business days. If a solution is not reached at by then, Broadcaster SSCL may, in its sole discretion, suspend the OperatorDTH 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 BroadcasterSSCL’s satisfaction the Operator satisfaction. The 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 BroadcasterSSCL’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 / distributed/transmitted through its Platform Addressable System at least every 10 minutes on 24 x7 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. If the Operator DTH OPERATOR becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator DTH OPERATOR shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster SSCL and the Operator DTH OPERATOR shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box STB with Personal Video Recorder/ Digital Video Recorder facility personal video recorder/digital video recorder facility, which has been supplied by the Operator DTH OPERATOR, shall not be treated as unauthorized use, as long as such Set Top Box STB is used in accordance with the terms and conditions of the subscription agreement between the Operator DTH OPERATOR and the subscriberSubscriber.
(v) If so instructed by Information (as defined below) by BroadcasterSSCL, the Operator DTH OPERATOR shall shut off or de- authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from SSCL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or itSSCL’s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it SSCL through e e-mail and the Operator DTH OPERATOR shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster SSCL as may be reasonably required by it SSCL in that regard. The Operator DTH OPERATOR shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: Interconnection 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, (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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the BroadcasterBroadcaster .
(ii) To ensure the Operator’s ongoing compliance with the security requirements maintenance and implementation of the Security Systems set out in the Agreement, the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it the Broadcaster in writing no more than twice per year during the Term, at the Broadcaster’s cost and expense. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator or Broadcaster then the Broadcaster, then it shall work with the Operator in resolving this issue the issues in the next fourteen (14) business days. If a solution is not reached at by then, the Broadcaster 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 the satisfaction of the Broadcaster’s satisfaction the . 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 the satisfaction of the Broadcaster’s satisfaction.
(iii) The Operator shall deploy finger printing mechanisms to detect any piracy, violation of copyright and unauthorized viewing of the Subscribed Channels, distributed / transmitted through its Platform HITS Distribution System at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Subscribed Channels for any other purpose, notify the Broadcaster and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 Broadcaster, the Broadcaster the Operator shall shut off or de- authorize the transmission to any unauthorized subscriber/ subscriber/subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructionInformation instruction from the Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 “information” may even be provided by the Broadcaster or it’s representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it the Broadcaster through e e-mail and the Operator shall be under obligation to act upon such information.
(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 Broadcaster the Broadcaster, as may be reasonably required by it the Broadcaster in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by GDSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster GDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it GDSPL in writing no more than twice per year during the Term, at Broadcaster’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 Audit Audits are not found to be satisfactory by either the Operator or BroadcasterGDSPL, then it GDSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster GDSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster GDSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterGDSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from GDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s GDSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it GDSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster GDSPL as may be reasonably required by it GDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by GDSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Territory through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster GDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it GDSPL in writing no more than twice per year during the Term, at Broadcaster’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 Audit Audits are not found to be satisfactory by either the Operator or BroadcasterGDSPL, then it GDSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster GDSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster GDSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterGDSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from GDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s GDSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it GDSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster GDSPL as may be reasonably required by it GDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 partpar t, (hereinafter collectively referred to as “Piracy”), the Operator shall, prior to the commencement commencem ent of the Term of the agreement and at all times during such Term, employ, maintain, and enforce fully effective conditional access deliver y and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ Security Systems”) & security specifications as are set forth for in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the BroadcasterRAJ TV .
(ii) To ensure the Operator’s ongoing compliance with the security requirements requirem ents set out in the Agreement, Broadcaster RAJ TV may require technical audits (“Technical Audit(s)”) conducted by an independent security technology technolog y auditor (“Technical Auditor”), approved by it RAJ TV in writing no more than twice per year during the Term, at BroadcasterRAJ TV ’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or BroadcasterRAJ TV , then it RAJ TV shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster RAJ TV may, in its sole discretion, suspend the Operator’s right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures m easures have been corrected to BroadcasterRAJ 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 BroadcasterRAJ 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 / transmitted through its Platform at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster RAJ TV and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box 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 BroadcasterRAJ TV , the Operator shall shut off or de- authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives during the working hrs such instructioninstruction from RAJ TV . Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email 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 Broadcaster or it’s RAJ TV representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it RAJ TV through e mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster RAJ TV as may be reasonably required by it RAJ TV in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 MSO 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & Systems”)and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by SSCL. The MSO granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the MSO allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the OperatorMSO’s ongoing compliance with the security requirements set out in the Agreement, Broadcaster SSCL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it SSCL in writing no more than twice per year during the Term, at BroadcasterSSCL’s cost and expense. An indicative scope of audit is laid down in Annexure G to this Agreement. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator MSO or BroadcasterSSCL, then it SSCL shall work with the Operator MSO in resolving this issue such issues in the next fourteen ten (1410) business days. If a solution is not reached at by then, Broadcaster SSCL may, in its sole discretion, suspend the OperatorMSO’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 BroadcasterSSCL’s satisfaction the Operator satisfaction. The 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 BroadcasterSSCL’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator MSO becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator MSO shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster SSCL and the Operator MSO shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box STB with Personal Video Recorder/ Digital Video Recorder 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 Set Top Box STB is used in accordance with the terms and conditions of the subscription agreement between the Operator MSO and the subscriberSubscriber.
(v) If so instructed by Information (as defined below) by BroadcasterSSCL, the Operator MSO shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from SSCL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or itSSCL’s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it SSCL through e e-mail and the Operator MSO shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster SSCL as may be reasonably required by it SSCL in that regard. The Operator MSO shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the Broadcaster.
(ii) To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, the Broadcaster may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it the Broadcaster in writing no more than twice per year during the Term, at Broadcaster’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or the Broadcaster, then it the Broadcaster shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, the Broadcaster may, in its sole discretion, suspend the Operator’s right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to 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 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 / transmitted through its Platform at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box 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 Broadcaster, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives such instructioninstruction from the Broadcaster. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email 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 the Broadcaster or it’s representatives through other means of communications such as telephonic message, fax etc. and the said “information” shall later be confirmed by it the Broadcaster through e mail and the Operator shall be under obligation to act upon such information.
(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 the Broadcaster as may be reasonably required by it the Broadcaster in that such regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by SDSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it SDSPL in writing no more than twice per year during the Term, at Broadcaster’s SDSPL‟s cost and expense. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator or BroadcasterSDSPL, then it SDSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster SDSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster SDSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterSDSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from SDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s SDSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it SDSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster SDSPL as may be reasonably required by it SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & security specifications as are set forth in Schedule 2 and/ or may be specified, in a non-discriminatory manner in writing, from time to time, by the Broadcaster▇▇▇▇▇ SATCOM LTD.
(ii) To ensure the Operator’s ongoing compliance with the security requirements set out in the Agreement, Broadcaster ▇▇▇▇▇ SATCOM LTD may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it ▇▇▇▇▇ SATCOM LTD in writing no more than twice per year during the Term, at Broadcaster▇▇▇▇▇ SATCOM LTD’s cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or Broadcaster▇▇▇▇▇ SATCOM LTD, then it ▇▇▇▇▇ SATCOM LTD shall work with the Operator in resolving this issue in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster ▇▇▇▇▇ SATCOM LTD may, in its sole discretion, suspend the Operator’s right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to Broadcaster▇▇▇▇▇ 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 Broadcaster▇▇▇▇▇ 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 / transmitted through its Platform at least every 10 minutes on 24 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster ▇▇▇▇▇ SATCOM LTD and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box 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 Broadcaster▇▇▇▇▇ SATCOM LTD, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten minutes from the time it receives such instructioninstruction from ▇▇▇▇▇ SATCOM LTD. Any communication under this clause shall be considered as valid Information only if if
(i) the information is sent through email 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 Broadcaster or it’s ▇▇▇▇▇ SATCOM LTD representatives through other means of communications such as telephonic message, fax etc. and the they said “information” shall later be confirmed by it byMAVIS SATCOM LTD through e mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster ▇▇▇▇▇ 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 Broadcaster ▇▇▇▇▇ SATCOM LTD as may be reasonably required by it ▇▇▇▇▇ SATCOM LTD in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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, (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 deliver y 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 as the “ "Security Systems”") & security specifications as are set forth in Schedule 2 and/ or may be specified, specified in a non-discriminatory manner hereunder or in writing, from time to time, by the BroadcasterSPN Distribution.
(ii) 9.2 To ensure the Operator’s 's ongoing compliance with the security requirements as set out in the this Agreement, Broadcaster SPN Distribution may require technical audits (“"Technical Audit(s)”Audit") to be conducted by an independent security technology auditor (“Technical Auditor”), approved by it in writing no more than twice per year during the Termauditor, at Broadcaster’s SPN Distribution's cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or BroadcasterSPN Distribution, then it Operator shall work with the Operator SPN Distribution in resolving 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, Broadcaster SPN Distribution may, in its sole discretion, suspend the Operator’s 's right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform at least once every 10 minutes on 24 x7 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. 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, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, immediately notify Broadcaster SPN Distribution and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box set top box with Personal Video Recorder/ Digital Video 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 Set Top Box 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 subscriberSubscriber, (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 BroadcasterSPN Distribution, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber Subscriber indulging in piracyPiracy, within ten minutes from the time it receives such instructioninstruction from SPN Distribution. Any communication under this clause Clause shall be considered as valid Information information only if (i) the information is sent through email in official e-mail 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 Broadcaster or it’s SPN Distribution representatives through other means of communications such as telephonic message, fax fax, etc. and the said “information” information shall later be confirmed by it 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) Broadcaster plans 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 Broadcaster as may be reasonably required by it in that regard. The the above, the Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policy.Schedule E.
Appears in 1 contract
Sources: 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, (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 deliver y 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 as the “ "Security Systems”") & security specifications as are set forth in Schedule 2 and/ or may be specified, specified in a non-non- discriminatory manner hereunder or in writing, from time to time, by the BroadcasterSPN Distribution.
(ii) 9.2 To ensure the Operator’s 's ongoing compliance with the security requirements as set out in the this Agreement, Broadcaster SPN Distribution may require technical audits (“"Technical Audit(s)”Audit") to be conducted by an independent security technology auditor (“Technical Auditor”), approved by it in writing no more than twice per year during the Termauditor, at Broadcaster’s SPN Distribution's cost and expense. If the results of any Technical Audit are not found to be satisfactory by either the Operator or BroadcasterSPN Distribution, then it Operator shall work with the Operator SPN Distribution in resolving 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, Broadcaster SPN Distribution may, in its sole discretion, suspend the Operator’s 's right to distribute the Channels or take other actions as provided under the Agreement, until such systems, procedures and security measures have been corrected to Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform at least once every 10 minutes on 24 x7 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. 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, cable castingcablecasting, exhibiting or otherwise using any or all of the Channels Channel(s) for any other purpose, the Operator shall within ten minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, immediately notify Broadcaster SPN Distribution and the Operator shall also switch off the concerned Set Top Box to prevent such unauthorized use. However, use of a Set Top Box set top box with Personal Video Recorder/ Digital Video 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 Set Top Box 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 subscriberSubscriber, (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 BroadcasterSPN Distribution, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber Subscriber indulging in piracyPiracy, within ten minutes from the time it receives such instructioninstruction from SPN Distribution. Any communication under this clause Clause shall be considered as valid Information information only if (i) the information is sent through email in official e-mail 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 Broadcaster or it’s SPN Distribution representatives through other means of communications such as telephonic message, fax fax, etc. and the said “information” information shall later be confirmed by it 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) Broadcaster plans 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 Broadcaster as may be reasonably required by it in that regard. The the above, the Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policy.Schedule E.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by SDSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Territory through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster SDSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it SDSPL in writing no more than twice per year during the Term, at Broadcaster’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 Audit Audits are not found to be satisfactory by either the Operator or BroadcasterSDSPL, then it SDSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster SDSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster SDSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterSDSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from SDSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s SDSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it SDSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster SDSPL as may be reasonably required by it SDSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: 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 deliver y delivery and content protection and security systems, and related physical security and operational procedures (hereinafter collectively referred to as the “ “Security Systems”) & and security specifications as are set forth in Schedule 2 and/ or of this Agreement and/or as may be specified, in a non-discriminatory manner in writing, from time to time, by KMSPL. The Operator granting access to the BroadcasterSubscribed Channels to subscribers outside the Area through its digital Addressable System shall tantamount to the Operator allowing unauthorized access to the Subscribed Channels.
(ii) To ensure the Operator’s Operator‟s ongoing compliance with the security requirements set out in the Agreement, Broadcaster KMSPL may require technical audits (“Technical Audit(s)”) conducted by an independent security technology auditor (“Technical Auditor”), approved by it KMSPL in writing no more than twice per year during the Term, at Broadcaster’s KMSPL‟s cost and expense. An indicative scope of audit is laid down in Annexure F to this Agreement. If the results of any Technical Audit Audits are not found to be satisfactory by either the Operator or BroadcasterKMSPL, then it KMSPL shall work with the Operator in resolving this issue such issues in the next fourteen (14) business days. If a solution is not reached at by then, Broadcaster KMSPL 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 Broadcaster’s satisfaction the 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 Broadcaster’s 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 / distributed/transmitted through its Platform digital Addressable System at least every 10 minutes on 24 x7 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. If the Operator becomes aware that any unauthorized third party is recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, the Operator shall within ten 10 minutes of so becoming aware of such recording, duplicating, cable casting, exhibiting or otherwise using any or all of the Channels for any other purpose, notify Broadcaster KMSPL and the Operator shall also switch off the concerned Set Top Box STB to prevent such unauthorized use. However, use of a Set Top Box 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 Set Top Box STB 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 BroadcasterKMSPL, the Operator shall shut off or de- de-authorize the transmission to any unauthorized subscriber/ subscriber indulging in piracy, within ten 10 minutes from the time it receives such instructioninstruction from KMSPL. Any communication under this clause shall be considered as valid Information only if (i) the information is sent through email e-mail 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 Broadcaster or it’s KMSPL‟s representatives through other means of communications such as telephonic message, fax fax, etc. and the said “informationInformation” shall later be confirmed by it KMSPL through e e-mail and the Operator shall be under obligation to act upon such information.
(vi) Broadcaster 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 Broadcaster KMSPL as may be reasonably required by it KMSPL in that regard. The Operator shall, at its own expense, take all necessary steps to comply with obligations as prescribed and set forth in anti piracy policySchedule 2.
Appears in 1 contract
Sources: Subscription Agreement