Common use of Consistency with Form Adopter Agreement Clause in Contracts

Consistency with Form Adopter Agreement. Licensor further represents that (i) the Adopter Agreements in effect as of the Effective Date (the “Effective Adopter Agreements”), together with all other documents described in Section 3.6.1 in effect as of the Effective Date (collectively, the “Operative Protection Agreements”), are consistent in all material respects affecting the integrity or security of DTCP, or the operation of DTCP with respect to protecting Commercial Audiovisual Content from any unauthorized output, transmission, interception or copying, or the rights (including, for avoidance of doubt, third-party beneficiary rights) of Content Participant with respect to DTCP, with the version of the Digital Transmission License Agreement that is attached hereto as Exhibit E [the May 2005 version]; and (ii) there are no oral or written amendments or understandings with any Adopter varying or modifying such Effective Adopter Agreements or other Operative Protection Agreements, other than the Operative Protection Agreements with respect to such integrity, security or operation. For the avoidance of doubt, nothing in this Section 3.6.2 or elsewhere in this Agreement shall be construed as imposing on Content Participant any acceptance of, or agreement with respect to, liquidated damages except as provided in Exhibit F. Content Participant may review the Operative Protection Agreements upon reasonable notice to Licensor, provided, however, that Content Participant may only review the Specification if it has entered into a non-disclosure agreement with Licensor.

Appears in 4 contracts

Samples: Content Participant Agreement, Content Participant Agreement, Content Participant Agreement

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Consistency with Form Adopter Agreement. Licensor further represents that (i) the Adopter Agreements in effect as of the Effective Date (the “Effective Adopter Agreements”), together with all other documents described in Section 3.6.1 in effect as of the Effective Date (collectively, the “Operative Protection Agreements”), are consistent in all material respects affecting the integrity or security of DTCP, or the operation of DTCP with respect to protecting Commercial Audiovisual Content from any unauthorized output, transmission, interception or copying, or the rights (including, for avoidance of doubt, third-party beneficiary rights) of Content Participant with respect to DTCP, with the version of the Digital Transmission License Agreement that is attached hereto as Exhibit E G [the May 2005 December 1999 version]; and (ii) there are no oral or written amendments or understandings with any Adopter varying or modifying such Effective Adopter Agreements or other Operative Protection Agreements, other than the Operative Protection Agreements with respect to such integrity, security or operation. For the avoidance of doubt, nothing in this Section 3.6.2 or elsewhere in this Agreement shall be construed as imposing on Content Participant any acceptance of, or agreement with respect to, liquidated damages except as provided in Exhibit F. Content Participant may review the Operative Protection Agreements upon reasonable notice to Licensor, provided, however, that Content Participant may only review the Specification if it has entered into a non-disclosure agreement with Licensor.

Appears in 1 contract

Samples: Content Participant Agreement

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