DHE License. Studio hereby grants Comcast the non-exclusive, non-transferable, non-sub- licensable right (except in accordance with Section 4.2 hereof) to continuously during the Term distribute on the terms and conditions set forth herein each Included Program in its Authorized Version(s) on a DHE basis through the Licensed Service, solely in the Licensed Language, to Customers in the Territory, delivered by Approved Transmission Means, for exhibition on an Approved Device for Personal Use, pursuant solely, in each case, to a Customer Transaction and subject at all times to the Content Protection Requirements and Obligations and the Usage Rules. During the Term and during the Continued Access Period, Comcast shall have the right to enable Digital Locker Functionality for such Included Programs.
DHE License. Studio hereby grants Comcast the non-exclusive, non-transferable, non-sub- licensable right (except in accordance with Section 4.2 hereof) to continuously during the Term distribute on the terms and conditions set forth herein each Included Program in its Authorized Version(s) on a DHE basis through the Licensed Service, solely in the Licensed Language, to Customers in the Territory, delivered by Approved Transmission Means, for exhibition on an Approved Device for Personal Use, pursuant solely, in each case, to a Customer Transaction. During the Term and during the Continued Access Period, Comcast shall have the right to enable Digital Locker Functionality for such Included Programs.
DHE License. Subject to Licensee’s full and timely compliance with the terms and conditions of this Agreement, Licensor hereby grants to Licensee, and Licensee hereby accepts, a limited non-exclusive, non-transferable, non-sublicensable license to distribute on the terms and conditions set forth herein each DHE Included Program during the DHE Term, in its Authorized Version on a DHE basis on the DHE Service, solely in the Licensed Language to DHE Subscribers in the Territory, delivered to a DHE Subscriber within the Territory on an Approved Device by means of the an DHE Approved Delivery Means solely for viewing on such Approved Device as a Personal Use pursuant solely in each instance to a DHE Subscriber Transaction and subject at all times to the Content Protection Requirements and Obligations (as set forth in Schedule C) and the DHE Usage Rules. Licensor shall not be subject to any holdback at any time with respect to the exploitation of any DHE Included Program in any version, language, territory or medium, or by any transmission means, in any format, to any device in any venue or in any territory. Notwhithstanding the foregoing, Licensee shall be permitted to transfer and sub-license Included Programs to its developers, exclusively for purposes of encoding, transcoding and, in general, for making said Included Programs available to Subscribers of Licensee.
DHE License. Studio hereby grants Comcast the non-exclusive, non-transferable, non-sub-licensable right (except in accordance with Section 4.2 hereof) to continuously during the Term distribute on the terms and conditions set forth herein each Included Program in its Authorized Version(s) on a DHE basis through the Licensed Service, solely in the Licensed Language, to Customers in the Territory, delivered by Approved Transmission Means, for exhibition on an Approved Device for Personal Use, pursuant solely, in each case, to a Customer Transaction. During the Term and during the Continued Access Period, Comcast shall have the right to enable Digital Locker Functionality for such Included Programs. Studio acknowledges that, although the TOS (as defined below) clearly prohibits any use of Included Programs other than Personal Use, the distribution technology used by Comcast in connection with the Licensed Service is not capable of controlling or detecting whether a Customer’s viewing is “private” or whether a user charges an access fee and, accordingly, any such use that is unknown to and unauthorized by Comcast by a Customer shall not be deemed a breach by Comcast hereunder. If Comcast discovers or is otherwise notified that an Included Program is being exhibited or has been exhibited for other than Personal Use, Comcast shall promptly (i) notify Licensor and (ii) terminate the relevant Customer’s account and render all Included Programs thereafter inaccessible. Comcast’s failure to take the actions in the immediately preceding actions shall be considered a breach of this agreement. Comcast shall at all times comply with the Content Protection Requirements and Obligations and Usage Rules in connection with the exercise of the rights granted hereunder. Limited Sublicense. Comcast shall have the right to sub-license to iN Demand and/or CSG (or another Comcast designee approved by Studio in advance) the right to Stream and/or Electronically Download Included Programs to Customers pursuant to Customer Transactions consummated by Comcast; provided, that such Customers are no longer Comcast subscribers. In connection therewith, iN DEMAND and/or CSG (or such other approved designee) may store such Included Programs purchased via a Customer Transaction by a Customer on servers owned and/or utilized by iN DEMAND and/or CSG (or such other designee) and Stream and/or Electronically Download (via Approved Transmission Means and Approved Devices) such Included Programs in accordance ...
