Common use of Content Participant Third-Party-Beneficiary Rights Clause in Contracts

Content Participant Third-Party-Beneficiary Rights. For so long as Content Participant is an Eligible AV Content Participant, it shall be a third-party beneficiary of each Adopter Agreement (Content Participant, together with any one (or more) other Fellow AV Content Participant(s) that is (or are) Eligible AV Content Participant(s) under its (or their) respective Content Participant Agreement(s), “AV Content Participant Beneficiaries”), and, as such, shall be entitled to bring a claim or action to enforce such rights against an Adopter as are specified in such Adopter’s Adopter Agreement (such claim or action, together with any third-party-beneficiary claim brought by any other AV Content Participant Beneficiary, an “AV Content Participant Beneficiary Claim”), and to have such remedies as are set forth in such Adopter Agreement in accordance with the procedures set forth in Exhibit A, with respect to such Adopter’s implementation of DTCP in any product that is capable of receiving or transmitting data in a format in which Content Participant has made Eligible Content available. Exercise of Content Participant’s third-party-beneficiary rights under any Adopter Agreement shall not constitute an election against any statutory or other extra- contractual remedy or other relief against an Adopter which may be available to Content Participant for the same act which gave rise to the AV Content Participant Beneficiary Claim.

Content Participant Third-Party-Beneficiary Rights. For so long as Content Participant is an Eligible AV Content Participant, it shall be a third-party beneficiary of each Adopter Agreement (Content Participant, together with any one (or more) other Fellow AV Content Participant(s) that is (or are) Eligible AV Content Participant(s) under its (or their) respective Content Participant Agreement(s), “AV Content Participant Beneficiaries”), and, as such, shall be entitled to bring a claim or action to enforce such rights against an Adopter as are specified in such Adopter’s Adopter Agreement (such claim or action, together with any third-party-beneficiary claim brought by any other AV Content Participant Beneficiary, an “AV Content Participant Beneficiary Claim”), and to have such remedies as are set forth in such Adopter Agreement in accordance with the procedures set forth in Exhibit A, with respect to such Adopter’s implementation of DTCP in any product that is capable of receiving or transmitting data in a format in which Content Participant has made Eligible Content available. Exercise of Content Participant’s third-party-beneficiary rights under any Adopter Agreement shall not constitute an election against any statutory or other extra- extra-contractual remedy or other relief against an Adopter which may be available to Content Participant for the same act which gave rise to the AV Content Participant Beneficiary Claim.