Common use of Compliance with InterTrust Specifications Clause in Contracts

Compliance with InterTrust Specifications. In addition to such ----------------------------------------- other restrictions as provided herein, MBC shall not commence the distribution, sale or other transfer of any MBC Product and/or Cooperative Application, or perform any service using such MBC Product and/or Cooperative Application, unless such MBC Product, Cooperative Application and/or such service is in Compliance with InterTrust Specifications. InterTrust may, from time to time in its sole discretion, modify InterTrust Specifications to accommodate progress in InterTrust Technology and related product development, and, among other things, to promote architectural and functional integrity, standardization, security capability and interoperability of InterTrust-based technology, components, products and services (a "New Specification"). Such modifications shall be made at such ----------------- times and involve such modifications as reasonably determined by InterTrust in view of applicable prevailing U.S. software industry standards and the circumstances motivating such modification. InterTrust shall use commercially reasonable efforts to maintain compatability between a New Specification and the then preceding Specification, unless considerations of security, interoperability, performance, or functionality enhancement indicate that such compatibility is not commercially appropriate. To the extent InterTrust modifies or revises an InterTrust Specification, or releases a new InterTrust Specification, and such New Specification applies to any portion of a Cooperative Application and/or MBC Product then being used to perform services, and/or being distributed, by MBC (as applicable), MBC shall bring such products and/or services into Compliance with such New Specification as of the earliest to occur of: (i) the next version, release, or production cycle of such Cooperative Application, MBC Product and/or the next use thereof to provide any service related thereto (the "Next Version"), as earlier applicable, but only to the extent that MBC ------------- receives notice of such New Specification (in accordance with the procedures of Section 14.5 hereof) within a reasonably sufficient time of such Next Version to accommodate new aspects of such New Specification; and (ii) [*] months after MBC receives a released copy of such New Specification (pursuant to the notice provision of Section 14.5 hereof). Subject to reasonable business circumstances, InterTrust and MBC may agree in writing, each in their sole discretion, to a set period of time longer than such [*] month period, but no longer than [*] months after MBC receives a released copy of such New Specification (pursuant to the notice provision of Section 14.5) to accommodate such new aspects of such New Specification for certain or all applicable, previously existing MBC Products, Cooperative Applications and/or related services. Notwithstanding the foregoing, should serious technical interoperability and/or security requirements commercially necessitate more prompt action, MBC and InterTrust will confer and agree upon the most aggressive, practical schedule feasible to reach Compliance with the New Specification, and MBC shall take whatever commercially CONFIDENTIAL appropriate steps are reasonable and required under the circumstances to minimize or eliminate a continuation of such interoperability and/or security problems.

Compliance with InterTrust Specifications. In addition to such ----------------------------------------- other restrictions as provided herein, MBC SSG shall not commence ----------------------------------------- the distribution, sale or other transfer of any MBC specific SSG Product and/or or Cooperative Application, or perform any service using directly relating to such MBC Product and/or Cooperative Applicationproducts or applications, unless such MBC SSG Product, Cooperative Application and/or such service is in Compliance with InterTrust Specifications. InterTrust may, from time to time in its sole discretion, modify InterTrust Specifications to accommodate progress changes in InterTrust Technology Technology, and any related InterTrust product development, andfor purposes of, among other thingsfor example, to promote improving architectural and integrity, functional integritycapability, standardization, security capability and capability, efficiency, and/or interoperability of InterTrustInterTrust Commerce-based technology, components, products and services (a "New --- Specification"). Such modifications shall be made at such ----------------- times and involve such modifications as reasonably determined by InterTrust in view of applicable prevailing U.S. software industry standards and the circumstances motivating such modification. InterTrust shall use commercially reasonable efforts to ------------- maintain compatability compatibility between a New Specification and the then then-preceding Specification, unless considerations of security, interoperability, performance, or functionality enhancement indicate that such compatibility is not commercially appropriate. To the extent InterTrust modifies or revises an InterTrust Specification, or releases a new InterTrust Specification, and such New Specification that applies to any portion of a Cooperative Application Application, SSG Product and/or MBC Product service then being used to perform services, and/or being distributed, performed or distributed by MBC SSG (as applicable), MBC SSG shall bring any further such products delivered to customers, and/or any services for any such products (as applicable), into Compliance with such New Specification as of the earliest to occur of: (i) the next version, release, or production cycle of such Cooperative Application, MBC SSG Product and/or the next use thereof to provide any service related thereto (the "Next Version"), as earlier ------------ applicable, but only to the extent that MBC ------------- SSG receives notice of such New Specification (in accordance with the procedures of Section 14.5 hereof) within a reasonably sufficient time of such Next Version to accommodate new aspects of such New Specification; and (ii) [*] ([*]) months after MBC SSG receives a released copy of such New Specification (pursuant to the notice provision of Section 14.5 hereof)Specification. Subject to reasonable business circumstances, InterTrust and MBC may SSG further agree in writingthat SSG shall, each in their sole discretion, to a set period of time longer than such within [*] month period, but no longer than ([*] ]) months after MBC receives receiving a released copy of such New Specification (pursuant to the notice provision of Section 14.5) to accommodate Specification, implement such new aspects of such New Specification for certain or all applicable, previously existing MBC Products, applicable services supporting and/or employing SSG Products and Cooperative Applications and/or related servicesany other products employing InterTrust Technology provided to customers and not meeting such New Specification. Notwithstanding the foregoing, should serious technical interoperability and/or security requirements commercially necessitate more prompt action, MBC SSG and InterTrust will confer and agree upon the most aggressive, practical schedule feasible to reach ensure Compliance with the New SpecificationSpecification for all SSG Products, Cooperative Applications, and MBC any services relating to such products or applications. Under such conditions, SSG shall take whatever commercially CONFIDENTIAL appropriate steps are reasonable and required under the circumstances to minimize or eliminate a continuation of such interoperability and/or security problems.