CUTTING, EDITING AND INTERRUPTION. Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program without the prior written consent of Licensor. For the avoidance of doubt, no panning and scanning, time compression or similar modifications shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder. No exhibitions of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting Licensee ’s right to modify, enhance and supplement the Licensed Service and the functionality thereof, Licensee shall have the right to (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer of any Included Program, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlays, (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology in connection with the delivery of the Licensor Content, and (v) afford the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereof; provided, that each of the foregoing is applied consistently to all Other Motion Picture Providers’ motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed Service’s user interface and in all other types of advertising and promotion of the Included Programs to create so-called “ fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s right to create such “ fades ” for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades ” will violate the terms of any of Licensor ’s agree m e n t s with, or may advers xxx affect Licensor ’s material relations with, any third party referred to in Article 6.1(iii) above .
Appears in 3 contracts
Samples: Demand License Agreement, Demand License Agreement, Demand License Agreement
CUTTING, EDITING AND INTERRUPTION. Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program without the prior written consent of Licensor. For the avoidance of doubt, no panning and scanning, time compression or similar modifications shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder. No exhibitions of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting Licensee Licensee’s right to modify, enhance and supplement the Licensed Service and the functionality thereof, Licensee shall have the right to (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer of any Included Program, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlays, (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology in connection with the delivery of the Licensor Content, and (v) afford the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereof; provided, that each of the foregoing is applied consistently to all Other Motion Picture Providers’ motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed Service’s user interface and in all other types of advertising and promotion of the Included Programs to create so-called “ “fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s e’ s right to create such “ fades “fades” for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades “fades” will violate the terms of any of Licensor ’s Licensor’ s agree m e n t s with, or may advers xxx affect Licensor ’s Licensor’ s material relations with, any third party referred to in Article 6.1(iii) above .
Appears in 3 contracts
Samples: Demand License Agreement, Demand License Agreement, Demand License Agreement
CUTTING, EDITING AND INTERRUPTION. Subject to Clause 11.2, Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program without the prior written consent of Licensor. For the avoidance of doubt, no panning and scanning, time compression or so-called “up-conversion” (except as stated in Clause 2.7 of Schedule B) and similar modifications shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder. No exhibitions exhibition of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kindkind (namely no pre/mid/post roll advertising nor shall any advertising be displayed on the same page/window of the SVOD Service from which the Included Program is viewed). Without limiting Licensee ’s right Notwithstanding anything to modify, enhance and supplement the Licensed Service and the functionality thereofcontrary in this Clause 10, Licensee shall have not be responsible for any third party modifications to Included Programs or overlays that obscure or otherwise interact with Included Programs and result from Registered User’s use of his or her Approved Device and/or from the right to operation of any third party hardware and/or software and are not initiated by Licensee (collectively, “Program Overlays”); provided that (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the Licensee shall include in its terms of service guide) in connection with the playback by the Customer of third parties who develop Applications a requirement that any Included ProgramProgram Overlays conform to industry standard, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlaysno Program Overlay may alter or modify the Usage Rules, and (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology if Licensee becomes aware of any third party implementing a Program Overlay in connection with the delivery an Included Program in violation of the Licensor Contentapplicable terms of service, and (v) afford the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereof; provided, that each of the foregoing is applied consistently to all Other Motion Picture Providers’ motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right use reasonable means to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed Service’s user interface and address such violation and/or, in all other types of advertising and promotion of its reasonable discretion, revoke such third party access to the Included Programs and/or SVOD Service. For the purpose of this Agreement, “industry standard” with respect to create soProgram Overlays shall constitute those modifications or overlays implemented by (i) Comcast, Xfinity, StreamPix, TiVo, Xbox or PlayStation (but solely with respect to overlays implemented within each such entity’s subscription or ad-called “ fadessupported video programming service) or any other ad-supported or subscription video programming service delivered over multichannel video programming distributors with respect to similarly situated content, or (ii) Hulu, Crackle or any other ad-supported or subscription video programming service delivered over the Internet with respect to similarly situated content. For the avoidance of doubt, this Clause 10 shall not affect or limit Licensor’s withdrawal rights pursuant to Clause 6. Notwithstanding anything to the contrary contained herein, and subject to Licensor delivering Licensee 3D materials, the parties agree that the ‘left eye’ image from any 3D assets may be used by Licensee for creation of 2D encodes. In the event Licensee creates materials by “down-converting” currently being used on a Copy supplied by Licensor, Licensee shall not alter the Licensed Service; provided, aspect ratio. of the output frame. No other forms of down-converting (other than of a digital file Copy in accordance with the immediately preceding sentence) is permitted under this Agreement. [#Discussed addition re “multichannel video programming” with Xxxxxxxxx. Intention of the change was so that Licensor shall (i) and (ii) have the right same std. It is intended to terminat e License e ’s right refer to create established triple play type providers in the territory ie Sky/Virgin equivalents. Agreed to add reference to “established trip play providers such “ fades as [#local example]” for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes so that such “ fades ” will violate the terms of it would be an equivalent standard to those used by current operators. Same change can be added to (ii) as well as she was making them consistent but accepts that as worded that are completely open to any of Licensor ’s operator that may emerge whether we agree m e n t s with, with their approach to program overlays or may advers xxx affect Licensor ’s material relations with, any third party referred to in Article 6.1(iii) above not.]
Appears in 2 contracts
Samples: Video on Demand License Agreement, Video on Demand License Agreement
CUTTING, EDITING AND INTERRUPTION. Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program without the prior written consent of Licensor. For the avoidance of doubt, except that with respect to each Included Picture, Licensee may, in Licensee’s discretion, do any one or more of the following: (i) digitize, compress, encode, encrypt and otherwise technologically modify, add to or manipulate the signal containing such Included Picture, including without limitation to make such Included Picture available on each Authorized Device, so long as the quality of the exhibition hereunder is not materially adversely affected thereby and there are no changes to the continuity or content of the Included Picture; (ii) create for PPV exhibition hereunder a time compressed version of such Included Picture (iii) superimpose upon such Included Picture its rating and/or content advisories, and/or the logo of iND or any Affiliated System, provided such is in the same manner for other licensed programs from Major Studios. For the avoidance of doubt and except as explicitly set forth above, no panning and scanning, time compression or similar modifications shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder.; provided, that any unintentional deletion shall not be a breach hereunder so long as Licensee rectifies the deletion as soon as practicable utilizing reasonable efforts upon notice of such deletion. No exhibitions of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting Licensee ’s right to modify, enhance and supplement the Licensed Service and the functionality thereof, Licensee shall have the right to (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer of any Included Program, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlays, (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology in connection with the delivery of the Licensor Content, and (v) afford the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereofkind ; provided, that each of the foregoing is applied consistently to all Other Motion Picture Providers’ Licensee may insert a motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right trailer prior to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed Service’s user interface and in all other types of advertising and promotion of or after the Included Programs Picture in its sole discretion, so long as such insertion is in an manner similar to create so-called “ fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s right to create such “ fades ” its insertions for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades ” will violate the terms of any of Licensor ’s agree m e n t s with, or may advers xxx affect Licensor ’s material relations with, any third party referred to in Article 6.1(iii) above other licensed programs from Major Studios.
Appears in 1 contract
Samples: Vod License Agreement
CUTTING, EDITING AND INTERRUPTION. Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program without the prior written consent of Licensor. For the avoidance of doubt, no panning and scanning, time compression or similar modifications shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder. No exhibitions of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting Licensee Licensee’s right to modify, enhance and supplement the Licensed Service and the functionality thereof, Licensee shall have the right to (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer of any Included Program, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlays, (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology in connection with the delivery of the Licensor Content, and (v) afford the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereof; provided, that each of the foregoing is applied consistently to all Other Motion Picture Providersother motion picture providers’ motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed Service’s user interface and in all other types of advertising and promotion of the Included Programs to create so-called “ “fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s e’ s right to create such “ fades “fades” for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades “fades” will violate the terms of any of Licensor ’s Licensor’ s agree m e n t s with, or may advers xxx affect Licensor ’s Licensor’ s material relations with, any third party referred to in Article 6.1(iii) above .
Appears in 1 contract
Samples: Video on Demand License Agreement
CUTTING, EDITING AND INTERRUPTION. Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program Licensed Film without the prior written consent of Licensor. For the avoidance of doubt, no No panning and scanning, time compression or similar modifications scanning shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program Licensed Film or from any other materials supplied by Licensor hereunder. No exhibitions of any Included Program Licensed Film hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting ADVERTISING. For the period commencing no earlier than the Availability Date and terminating on the last day of the License Period with respect to each Licensed Film, Licensor hereby grants to Licensee ’s the following additional rights with respect to each Licensed Film: The right to modifyuse or authorize the use of written summaries, enhance extracts, synopses, photographs and supplement trailers prepared and provided by Licensor or, if not prepared by Licensor, approved in writing in advance by Licensor (the “Advertising Materials”), solely for the purpose of advertising, promoting and publicizing the exhibition of such Licensed Film on the Service; The right to advertise, publicize and promote, or authorize the advertising, publicity and promotion of the exhibition of any Licensed Film on the Service; and Licensee shall market, advertise and/or promote all Licensed Films on a fair, equitable and non-discriminatory basis vis-a-vis films provided by third parties. The rights granted in Section 11.1 above shall be subject to, and Licensee shall comply with, any and all restrictions or regulations of any applicable guild or union and any third party contractual provisions with respect to the advertising and billing of the Licensed Service Film, all in accordance with such instructions as Licensor may advise Licensee in writing. In no event shall Licensee be permitted to use any excerpts from a Licensed Film other than as provided by Licensor and in no case in excess of two (2) minutes (or such shorter period as Licensor may notify Licensee from time to time), in the functionality thereofcase of a single continuous sequence, or four (4) minutes in the aggregate from any single Licensed Film (or such shorter period as Licensor may notify Licensee from time to time). Notwithstanding the foregoing, Licensee shall have not, without the right prior written consent of Licensor, (a) modify, edit or make any changes to the Advertising Materials, except for (i) use framing and/or navigational technology (including, without limitation, altering the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer actual reproduced size of any Included Program, such Advertising Materials or (ii) allow Customers such changes as are necessary in order to elect to receive from Licensee and/or display any Customer Selected Overlaysplace the Advertising Materials on the Service, (iiib) allow Customers to select promote via the Internet the exhibition of Licensed Films, or (c) promote the exhibition of any Licensed Film by means of contest or giveaway. The names and display themes likenesses of the characters, persons and gamer tiles, (iv) use data compression technology other entities appearing in connection or connected with the delivery production of Licensed Films shall not be used separate and apart from the Advertising Materials (which will be used solely for the purpose of advertising of the Licensor Contentexhibition of such Licensed Films on the Service) and no such name or likeness shall be used so as to constitute an endorsement or testimonial, and express or implied, of any party, product or service, by “commercial tie-in” or otherwise. Licensee shall not use Licensor’s name or logo or any Licensed Film or any part of any Licensed Film as an endorsement or testimonial, express or implied, by Licensor, for any party, product or service, including Licensee or any program service or other service provided by Licensee. Within thirty (v30) afford calendar days after the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereof; provided, that each last day of the foregoing is applied consistently License Period for each Licensed Film, Licensee shall destroy (or at Licensor’s request, return to Licensor) all Other Motion Picture Providers’ motion picture content made available on the Advertising Materials for such Licensed Service on a Film which have been supplied by Licensor hereunder. Licensee’s advertisement/promotions may position Video-On-Demand basisin a positive light, but in no event shall any advertisement/promotion contain negative messages about other means of film or television distribution. Licensor acknowledges and agrees that such framing and/or navigational technology (includingIf Licensee provides another supplier of films exhibition time for marketing, without limitationadvertising, promotional or similar activity during a period preceding or after the DVR Functionality Tool Bar and exhibition of a film on the service guide)Service, Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the offer such right to modify and adapt the advertising and promotional materials provided by Licensor for use on with respect to the Licensed Service’s user interface Films and in all other types of advertising and promotion of the Included Programs to create so-called “ fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s right accept such option at any time. Any promotion or advertising via the Internet is subject to create such “ fades ” for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades ” will violate the terms and conditions of any of Licensor ’s agree m e n t s with, or may advers xxx affect Licensor ’s material relations with, any third party referred to in Article 6.1(iii) above .the Internet Promotion Policy attached hereto as Schedule A.
Appears in 1 contract
CUTTING, EDITING AND INTERRUPTION. Licensee shall not make, or authorize any others to make, any modifications, deletions, cuts, alterations or additions in or to any Included Program without the prior written consent of Licensor. For the avoidance of doubt, no panning and scanning, time compression or similar modifications shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder. No exhibitions of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting Licensee ’s right to modify, enhance and supplement the Licensed Service and the functionality thereof, Licensee shall have the right to (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer of any Included Program, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlays, (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology in connection with the delivery of the Licensor Content, and (v) afford the Customer the ability to modify the aspect ratio and resolution of Licensor Content during playback thereof; provided, that each of the foregoing is applied consistently to all Other other motion picture providersOther Motion Picture Providers’ motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed ServiceService ’s user interface and in all other types of advertising and promotion of the Included Programs to create so-called “ fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s right to create such “ fades ” for a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades ” will violate the terms of any of Licensor ’s agree m e n t s with, or may advers xxx affect Licensor ’s material relations with, any third party referred to in Article 6.1(iii) above .
Appears in 1 contract
Samples: Video on Demand License Agreement
CUTTING, EDITING AND INTERRUPTION. Licensee shall broadcast each Program as delivered by Licensor in its entirety in the form delivered by Licensor in the Authorized Language. Licensee may (a) make such minor cuts or eliminations, at its own expense, as are necessary to conform to the time segment requirements of the Licensed Service(s) or to the orders of any duly authorized public censorship authority and (b) insert commercial material at appropriate time intervals during the broadcast of the Program, provided that in no event shall Licensee make any cuts that would adversely affect the artistic or pictorial quality of any Program, materially interfere with its continuity and under no circumstances shall Licensee delete any copyright or trademark notice or credits incorporated in the Programs as delivered by Licensor or delete or substitute any music contained in any Program; provided, however, that Licensor shall be given the first opportunity to make such necessary cuts or eliminations and any cuts and/or edits made by Licensee shall be made in accordance with all third party contractual restrictions. Unless the Copy is degaussed or destroyed, Licensee shall replace such minor cuts and alterations and delete such commercial material in order that the Copy shall be returned to Licensor in the same condition as delivered, reasonable wear and tear due to proper use excepted. Licensee shall not makecopy, duplicate, sub-license (except as described in Section 2.2) or transfer possession of any Copy except to return same to Licensor or as authorized hereunder. Licensee acknowledges and agrees that Licensee is not granted and is not acquiring any ownership rights in or of, or authorize any others to makeinterest in, any modificationsCopy, deletionsProgram or cut or edited version of a Program by reason of Licensee's permitted use or manufacture thereof. Licensee will execute, cutsacknowledge and deliver to Licensor any instruments of transfer, alterations conveyance or additions assignment in or to any Included Program without cut or edited versions necessary or desirable to evidence or effectuate Licensor's ownership thereof and in the prior written consent of Licensor. For the avoidance of doubtevent that Licensee fails or refuses to execute, no panning and scanning, time compression acknowledge or similar modifications deliver any such instrument or documents then Licensor shall be permitted. Without limiting the foregoing, Licensee shall not intentionally delete the copyright notice or credits from the main or end title of any Included Program or from any other materials supplied by Licensor hereunder. No exhibitions of any Included Program hereunder shall be interrupted for intermission, commercials or any other similar commercial announcements of any kind. Without limiting Licensee ’s right deemed to modify, enhance and supplement the Licensed Service and the functionality thereof, Licensee shall have the right to (i) use framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide) in connection with the playback by the Customer of any Included Program, (ii) allow Customers to elect to receive from Licensee and/or display any Customer Selected Overlays, (iii) allow Customers to select and display themes and gamer tiles, (iv) use data compression technology in connection with the delivery of the Licensor Contentbe, and (v) afford the Customer the ability Licensee hereby nominates, constitutes and appoints Licensor its true and lawful attorney-in-fact irrevocably to modify the aspect ratio execute and resolution of Licensor Content during playback thereof; provideddeliver all such instruments in Licensee's name or otherwise, that each of the foregoing is applied consistently to all Other Motion Picture Providers’ motion picture content made available on the Licensed Service on a Video-On-Demand basis. Licensor acknowledges and agrees it being acknowledged that such framing and/or navigational technology (including, without limitation, the DVR Functionality Tool Bar and the service guide), Customer Selected Overlays, themes and/or gamer tiles may overlay, underlay, interrupt, dim, modify and/or obscure the playback by the Customer of the audio and/or video of any Licensor Content. Licensee shall also have the right to modify and adapt the advertising and promotional materials provided by Licensor for use on the Licensed Service’s user interface and in all other types of advertising and promotion of the Included Programs to create so-called “ fades” currently being used on the Licensed Service; provided, that Licensor shall have the right to terminat e License e ’s right to create such “ fades ” for power is a particular Included Progra m on a case- by- case basis if Licensor reason a xxx believes that such “ fades ” will violate the terms of any of Licensor ’s agree m e n t s with, or may advers xxx affect Licensor ’s material relations with, any third party referred to in Article 6.1(iii) above power coupled with an interest.
Appears in 1 contract
