Common use of Device Inspection Clause in Contracts

Device Inspection. AACS LA or any Eligible Content Participant may acquire products distributed under any Adopter Agreement on the open market for examination. Pursuant to and subject to all of the conditions corresponding to Section 9.2 of the Form Adopter Agreement, any Eligible Content Participant that reasonably and in good faith believes that a particular Implementation designed or manufactured by an Adopter is in breach of its Adopter Agreement, shall have the ability to provide notice to the Adopter of that fact and require reasonable cooperation in affording an independent expert designated by the Eligible Content Participant and acceptable to Adopter (which acceptance shall not be unreasonably withheld) an example of any product distributed hereunder, including the service manual for such product and any further details necessary for the independent expert to determine whether Adopter’s product is in compliance with the Agreement. Nothing in this Section 10.11 shall grant a license or permission for AACS LA or any Licensor, Eligible Content Participant or Eligible Adopter, or expert to take any actions or make use of information resulting from such examination or evaluation for any purpose other than for verifying and enforcing, compliance with the terms of this Agreement. For the avoidance of doubt, experts may be engaged in connection with enforcement actions, but have no rights to initiate, or otherwise act on their own accord in, any enforcement action. AACS LA or any Licensor or Eligible Content Participant, or expert that may participate in the examination of one or more of an Adopter’s products may otherwise use and disclose in its business the increased or enhanced knowledge retained in the unaided memories of its directors, employees, agents, or contractors as a result of exposure to such products of such Adopter or the details provided hereunder and any increased experience that results from such exposure. No Party shall have any rights in any business endeavors of any other Party that may use such knowledge and experience nor any right to compensation related to AACS LA’s or any Licensor’s, Eligible Content Participant’s or expert’s use of such knowledge and experience.

Device Inspection. AACS LA or any Eligible Content Participant or Eligible Fellow Adopter may acquire products distributed under any Adopter Agreement hereunder on the open market for examination. Pursuant to and subject to all of the conditions corresponding to Section 9.2 of the Form Adopter Agreement, agrees that upon notice given by AACS LA or any Eligible Content Participant (each, a “Requesting Party”) that the Requesting Party reasonably and in good faith believes that a particular Implementation designed or manufactured by an Adopter is in breach of its Adopter this Agreement, Adopter shall have the ability to provide notice to the Adopter of that fact and require reasonable cooperation in affording an independent expert designated by the Eligible Content Participant and Requesting Party acceptable to Adopter (which acceptance shall not be unreasonably withheld) an example of any product distributed hereunderhereunder and shall provide to the independent expert, including under the terms of a reasonable non-disclosure agreement acceptable to Adopter and the independent expert, and that also includes protections for Confidential Information and Highly Confidential Information relating to the AACS Technology that are no less stringent than those provided for in this Agreement, the service manual for such product and any further details necessary for the independent expert to determine whether Adopter’s product is in compliance with the Agreement. By way of example, such details include the executable object code, functional design diagrams, and block diagrams, but shall not include the source code, the Verilog Hardware Description Language (“VHDL”) or similar highly confidential information. Beyond providing the independent expert with access to the aforementioned details, Adopter’s active participation in such inspection shall be voluntary. Such inspection shall be at Requesting Party’s expense and shall be conducted at mutually convenient times. Adopter shall not be precluded or estopped from challenging the opinion of such expert in any forum. Nothing in this paragraph shall limit the role or testimony of such expert, if any, in a judicial proceeding under such protective orders as a court may impose. This provision may not be invoked more than once per Implementation. Nothing in this Section 10.11 9.2 shall grant a license or permission for AACS LA, or any Licensor, Eligible Content Participant, Eligible Fellow Adopter or expert to decompile or disassemble Adopter’s software object code. Nothing in this Section 9.2 shall grant a license or permission for AACS LA or any Licensor, Eligible Content Participant or Eligible Fellow Adopter, or expert to take any actions or make use of information resulting from such examination or evaluation for any purpose other than for verifying and enforcing, enforcing compliance with the terms of this Agreement. For the avoidance of doubt, experts may be engaged in connection with enforcement actions, but have no rights to initiate, or otherwise act on their own accord in, any enforcement action. AACS LA or any Licensor or Licensor, Eligible Content Participant, or expert or, in the case that Adopter is acting as a Licensed Content Producer, any Eligible Fellow Adopter, that may participate in the examination of one or more of an Adopter’s products may otherwise use and disclose in its business the increased or enhanced knowledge retained in the unaided memories of its directors, employees, agents, or contractors as a result of exposure to such products of such Adopter or the details provided hereunder and any increased experience that results from such exposure. No Party shall have any rights in any business endeavors of any other Party that may use such knowledge and experience nor any right to compensation related to AACS LA’s or any Licensor’s, Eligible Content Participant’s or expert’s use of such knowledge and experience.such

Device Inspection. AACS LA or any Eligible Content Participant or Eligible Fellow Adopter may acquire products distributed under any Adopter Agreement hereunder on the open market for examination. Pursuant to and subject to all of the conditions corresponding to Section 9.2 of the Form Adopter Agreement, agrees that upon notice given by AACS LA or any Eligible Content Participant Participant. (each, a “Requesting Party”) that the Requesting Party reasonably and in good faith believes that a particular Implementation model or version of a product designed or manufactured by an Adopter is in breach of its Adopter this Interim Agreement, Adopter shall have the ability to provide notice to the Adopter of that fact and require reasonable cooperation in affording an independent expert designated by the Eligible Content Participant and Requesting Party acceptable to Adopter (which acceptance shall not be unreasonably withheld) an example of any product distributed hereunderhereunder and shall provide to the independent expert, including under the terms of a reasonable non-disclosure agreement acceptable to Adopter and the independent expert, and that also includes protections for Confidential Information and Highly Confidential Information relating to the AACS Technology that are no less stringent than those provided for in this Interim Agreement, the service manual for such product and any further details necessary for the independent expert to determine whether Adopter’s product is in compliance with the Agreement. By way of example such details include the executable object code, functional design diagrams, and block diagrams, but shall not include the source code, the Verilog Hardware Description Language (“VHDL”) or similar highly confidential information. Beyond providing the independent expert with access to the aforementioned details, Adopter’s active participation in such inspection shall be voluntary. Such inspection shall be at Requesting Party’s expense and shall be conducted at mutually convenient times. Adopter shall not be precluded or estopped from challenging the opinion of such expert in any forum. Nothing in this paragraph shall limit the role or testimony of such expert, if any, in a judicial proceeding under such protective orders as a court may impose. This provision may not be invoked more than once per implementation, model or version, except to the extent that one or more Requesting Parties are re-inspecting such implementation, model, or version that has been revised in an effort to cure any alleged failure of compliance. Nothing in this Section 10.11 9.2 shall grant a license or permission for AACS LA, or any Licensor, Eligible Content Participant, Eligible Fellow Adopter or expert to decompile or disassemble Adopter's software object code. Nothing in this Section 9.2 shall grant a license or permission for AACS LA or any Licensor, Eligible Content Participant or Eligible Fellow Adopter, or expert to take any actions or make use of information resulting from such examination or evaluation for any purpose other than for verifying and enforcing, compliance with the terms of this Interim Agreement. For the avoidance of doubt, experts may be engaged in connection with enforcement actions, but have no rights to initiate, or otherwise act on their own accord in, any enforcement action. AACS LA or any Licensor or Licensor, Eligible Content Participant, or expert or, in the case that Adopter is acting as a Licensed Content Producer, any Eligible Fellow Adopter, that may participate in the examination of one or more of an Adopter’s products may otherwise use and disclose in its business the increased or enhanced knowledge retained in the unaided memories of its directors, employees, agents, or contractors as a result of exposure to such products of such Adopter or the details provided hereunder and any increased experience that results from such exposure. No Party shall have any rights in any business endeavors of any other Party that may use such knowledge and experience nor any right to compensation related to AACS LA’s or any Licensor’s, Eligible Content Participant’s or Eligible Fellow Adopters’ or expert’s use of such knowledge and experience.

Device Inspection. AACS LA or any Eligible Content Participant or Eligible Fellow Adopter may acquire products distributed under any Adopter Agreement hereunder on the open market for examination. Pursuant to and subject to all of the conditions corresponding to Section 9.2 of the Form Adopter Agreement, agrees that upon notice given by AACS LA or any Eligible Content Participant (each, a “Requesting Party”) that the Requesting Party reasonably and in good faith believes that a particular Implementation designed or manufactured by an Adopter is in breach of its Adopter this Agreement, Adopter shall have the ability to provide notice to the Adopter of that fact and require reasonable cooperation in affording an independent expert designated by the Eligible Content Participant and Requesting Party acceptable to Adopter (which acceptance shall not be unreasonably withheld) an example of any product distributed hereunderhereunder and shall provide to the independent expert, including under the terms of a reasonable non-disclosure agreement acceptable to Adopter and the independent expert, and that also includes protections for Confidential Information and Highly Confidential Information relating to the AACS Technology that are no less stringent than those provided for in this Agreement, the service manual for such product and any further details necessary for the independent expert to determine whether Adopter’s product is in compliance with the Agreement. By way of example, such details include the executable object code, functional design diagrams, and block diagrams, but shall not include the source code, the Verilog Hardware Description Language (“VHDL”) or similar highly confidential information. Beyond providing the independent expert with access to the aforementioned details, Adopter’s active participation in such inspection shall be voluntary. Such inspection shall be at Requesting Party’s expense and shall be conducted at mutually convenient times. Adopter shall not be precluded or estopped from challenging the opinion of such expert in any forum. Nothing in this paragraph shall limit the role or testimony of such expert, if any, in a judicial proceeding under such protective orders as a court may impose. This provision may not be invoked more than once per Implementation. Nothing in this Section 10.11 9.2 shall grant a license or permission for AACS LA, or any Licensor, Eligible Content Participant, Eligible Fellow Adopter or expert to decompile or disassemble Adopter’s software object code. Nothing in this Section 9.2 shall grant a license or permission for AACS LA or any Licensor, Eligible Content Participant or Eligible Fellow Adopter, or expert to take any actions or make use of information resulting from such examination or evaluation for any purpose other than for verifying and enforcing, enforcing compliance with the terms of this Agreement. For the avoidance of doubt, experts may be engaged in connection with enforcement actions, but have no rights to initiate, or otherwise act on their own accord in, any enforcement action. AACS LA or any Licensor or Licensor, Eligible Content Participant, or expert or, in the case that Adopter is acting as a Licensed Content Producer, any Eligible Fellow Adopter, that may participate in the examination of one or more of an Adopter’s products may otherwise use and disclose in its business the increased or enhanced knowledge retained in the unaided memories of its directors, employees, agents, or contractors as a result of exposure to such products of such Adopter or the details provided hereunder and any increased experience that results from such exposure. No Party shall have any rights in any business endeavors of any other Party that may use such knowledge and experience nor any right to compensation related to AACS LA’s or any Licensor’s, Eligible Content Participant’s or Eligible Fellow Adopters’ or expert’s use of such knowledge and experience.

Device Inspection. AACS LA or any Eligible Content Participant or Eligible Fellow Adopter may acquire products distributed under any Adopter Agreement hereunder on the open market for examination. Pursuant to and subject to all of the conditions corresponding to Section 9.2 of the Form Adopter Agreement, agrees that upon notice given by AACS LA or any Eligible Content Participant (each, a “Requesting Party”) that the Requesting Party reasonably and in good faith believes that a particular Implementation designed or manufactured by an Adopter is in breach of its Adopter this Agreement, Adopter shall have the ability to provide notice to the Adopter of that fact and require reasonable cooperation in affording an independent expert designated by the Eligible Content Participant and Requesting Party acceptable to Adopter (which acceptance shall not be unreasonably withheld) an example of any product distributed hereunderhereunder and shall provide to the independent expert, including under the terms of a reasonable non-disclosure agreement acceptable to Adopter and the independent expert, and that also includes protections for Confidential Information and Highly Confidential Information relating to the AACS Technology that are no less stringent than those provided for in this Agreement, the service manual for such product and any further details necessary for the independent expert to determine whether Adopter’s product is in compliance with the Agreement. By way of example, such details include the executable object code, functional design diagrams, and block diagrams, but shall not include the source code, the Verilog Hardware Description Language (“VHDL”) or similar highly confidential information. Beyond providing the independent expert with access to the aforementioned details, Adopter’s active participation in such inspection shall be voluntary. Such inspection shall be at Requesting Party’s expense and shall be conducted at mutually convenient times. Adopter shall not be precluded or estopped from challenging the opinion of such expert in any forum. Nothing in this paragraph shall limit the role or testimony of such expert, if any, in a judicial proceeding under such protective orders as a court may impose. This provision may not be invoked more than once per Implementation. Nothing in this Section 10.11 9.2 shall grant a license or permission for AACS LA, or any Licensor, Eligible Content Participant, Eligible Fellow Adopter or expert to decompile or disassemble Adopter’s software object code. Nothing in this Section 9.2 shall grant a license or permission for AACS LA or any Licensor, Eligible Content Participant or Eligible Fellow Adopter, or expert to take any actions or make use of information resulting from such examination or evaluation for any purpose other than for verifying and enforcing, enforcing compliance with the terms of this Agreement. For the avoidance of doubt, experts may be engaged in connection with enforcement actions, but have no rights to initiate, or otherwise act on their own accord in, any enforcement action. AACS LA or any Licensor or Licensor, Eligible Content Participant, or expert or, in the case that Adopter is acting as a Licensed Content Producer, any Eligible Fellow Adopter, that may participate in the examination of one or more of an Adopter’s products may otherwise use and disclose in its business the increased or enhanced knowledge retained in the unaided memories of its directors, employees, agents, or contractors as a result of exposure to such products of such Adopter or the details provided hereunder and any increased experience that results from such exposure. No Party shall have any rights in any business endeavors of any other Party that may use such knowledge and experience nor any right to compensation related to AACS LA’s or any Licensor’s, Eligible Content Participant’s or Eligible Fellow Adopters’ or expert’s use of such knowledge and experience.. For review only - Not for execution