Common use of Fifth Mirror Service Clause in Contracts

Fifth Mirror Service. i. Notwithstanding anything to the contrary herein, the Fifth Mirror Service shall be deemed to be part of the Service for the purposes of the Test License Agreement, only to the extent that: (1) RES is solely responsible for, and in control of, all VOD-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Mirror Service, except that RIM may provide billing and customer service activities; (2) the Fifth Mirror Service continues to contain RES branding (e.g., “powered by Rovi” branding”); (3) RES ensures that financial, commercial, and legal terms of the Test License Agreement are not disclosed to the Fifth Mirror Service (other than as they relate to the RIM Guarantee), except as may be required in connection with the fulfillment by RES of contractual obligations with respect to the Fifth Mirror Service; (4) nothing contained herein shall prevent CDD from entering into a direct relationship with RIM with respect to the VOD rights at any time and if there is an execution of such direct agreement between CDD and RIM, this Amendment will automatically terminate with respect to the Fifth Mirror Service upon RES’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with RIM, and all unrecouped amounts of the RIM Guarantee shall be credited to RIM under such direct agreement (with RIM being a third party beneficiary to this clause); and (5) all VOD audio-visual content on the non-Fifth Mirror Service portion of the Service is also available on the Fifth Mirror Service to the extent approved by RIM.

Fifth Mirror Service. i. Notwithstanding anything to the contrary herein, the Fifth Mirror Service shall be deemed to be part of the Service for the purposes of the Test License Agreement, only to the extent that: (1) RES RoxioNow is solely responsible for, and in control of, all VOD-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Mirror Service, except that RIM Asus may provide billing and customer service activities; (2) the Fifth Mirror Service continues to contain RES branding (e.g., “powered by Rovi” RoxioNow branding”); (3) RES RoxioNow ensures that financial, commercial, and legal terms of the Test License Agreement are not disclosed to the Fifth Mirror Service (other than as they relate to the RIM Guarantee)Service, except as may be required in connection with the fulfillment by RES XxxxxXxx of contractual obligations with respect to the Fifth Mirror Service; (4) nothing contained herein shall prevent CDD from entering into a direct relationship with RIM Asus with respect to the VOD rights at any time and if there is an execution of such direct agreement between CDD and RIMAsus, this Amendment will automatically terminate with respect to the Fifth Mirror Service upon RESXxxxxXxx’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with RIM, and all unrecouped amounts Asus upon execution of the RIM Guarantee shall be credited to RIM under such direct agreement (between CDD and Asus, this Amendment will automatically terminate with RIM being a third party beneficiary respect to this clause)the Test License Agreement with no further action necessary to effectuate such termination; and (5) all VOD audio-audio- visual content on the non-Fifth Mirror Service portion of the Service is also available on the Fifth Mirror Service to the extent approved by RIMService.

Fifth Mirror Service. i. Notwithstanding anything to the contrary herein, the Fifth Mirror Service shall be deemed to be part of the Service for the purposes of the Test License Distribution Agreement, only to the extent that: (1) RES RoxioNow is solely responsible for, and in control of, all VODODRL-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Mirror Service, except that RIM Asus may provide billing and customer service activities; (2) the Fifth Mirror Service continues to contain RES branding (e.g., “powered by Rovi” RoxioNow branding”); (3) RES RoxioNow ensures that financial, commercial, and legal terms of the Test License Distribution Agreement are not disclosed to the Fifth Mirror Service (other than as they relate to the RIM Guarantee)Service, except as may be required in connection with the fulfillment by RES XxxxxXxx of contractual obligations with respect to the Fifth Mirror Service; (4) nothing contained herein shall prevent CDD from entering into a direct relationship with RIM Asus with respect to the VOD ODRL rights at any time and if there is an upon execution of such direct agreement between CDD and RIMAsus, this Amendment will automatically terminate with respect to the Fifth Distribution AgreementFifth Mirror Service upon RESwith no further action necessary to effectuate such terminationupon RoxioNow’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with RIM, and all unrecouped amounts of the RIM Guarantee shall be credited to RIM under such direct agreement (with RIM being a third party beneficiary to this clause)Asus; and (5) all VOD ODRL audio-visual content on the non-Fifth Mirror Service portion of the Service is also available on the Fifth Mirror Service to the extent approved by RIMService.

Fifth Mirror Service. i. Notwithstanding anything to the contrary herein, the Fifth Mirror Service shall be deemed to be part of the Service for the purposes of the Test License Agreement, only to the extent that: (1) RES RoxioNow is solely responsible for, and in control of, all VOD-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Mirror Service, except that RIM Asus may provide billing and customer service activities; (2) the Fifth Mirror Service continues to contain RES branding (e.g., “powered by Rovi” RoxioNow branding”); (3) RES RoxioNow ensures that financial, commercial, and legal terms of the Test License Agreement are not disclosed to the Fifth Mirror Service (other than as they relate to the RIM Guarantee)Service, except as may be required in connection with the fulfillment by RES RoxioNow of contractual obligations with respect to the Fifth Mirror Service; (4) nothing contained herein shall prevent CDD from entering into a direct relationship with RIM Asus with respect to the VOD rights at any time and if there is an execution of such direct agreement between CDD and RIMAsus, this Amendment will automatically terminate with respect to the Fifth Mirror Service upon RESRoxioNow’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with RIM, and all unrecouped amounts Asus upon execution of the RIM Guarantee shall be credited to RIM under such direct agreement (between CDD and Asus, this Amendment will automatically terminate with RIM being a third party beneficiary respect to this clause)the Test License Agreement with no further action necessary to effectuate such termination; and (5) all VOD audio-audio- visual content on the non-Fifth Mirror Service portion of the Service is also available on the Fifth Mirror Service to the extent approved by RIMService.

Fifth Mirror Service. i. Notwithstanding anything to the contrary herein, the Fifth Mirror Service shall be deemed to be part of the Service for the purposes of the Test License Distribution Agreement, only to the extent that: (1) RES RoxioNow is solely responsible for, and in control of, all VODODRL-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Mirror Service, except that RIM Asus may provide billing and customer service activities; (2) the Fifth Mirror Service continues to contain RES branding (e.g., “powered by Rovi” RoxioNow branding”); (3) RES RoxioNow ensures that financial, commercial, and legal terms of the Test License Distribution Agreement are not disclosed to the Fifth Mirror Service (other than as they relate to the RIM Guarantee)Service, except as may be required in connection with the fulfillment by RES RoxioNow of contractual obligations with respect to the Fifth Mirror Service; (4) nothing contained herein shall prevent CDD from entering into a direct relationship with RIM Asus with respect to the VOD ODRL rights at any time and if there is an upon execution of such direct agreement between CDD and RIMAsus, this Amendment will automatically terminate with respect to the Fifth Distribution AgreementFifth Mirror Service upon RESwith no further action necessary to effectuate such terminationupon RoxioNow’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with RIM, and all unrecouped amounts of the RIM Guarantee shall be credited to RIM under such direct agreement (with RIM being a third party beneficiary to this clause)Asus; and (5) all VOD ODRL audio-visual content on the non-Fifth Mirror Service portion of the Service is also available on the Fifth Mirror Service to the extent approved by RIMService.

Fifth Mirror Service. i. Notwithstanding anything to the contrary herein, the Fifth Mirror Service shall be deemed to be part of the Service for the purposes of the Test License Distribution Agreement, only to the extent that: (1) RES is solely responsible for, and in control of, all VODODRL-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Mirror Service, except that RIM may provide billing and customer service activities; (2) the Fifth Mirror Service continues to contain some RES branding (e.g., “powered by Rovi” branding”); (3) RES ensures that financial, commercial, and legal terms of the Test License Distribution Agreement are not disclosed to the Fifth Mirror Service (other than as they relate to the RIM Guarantee), except as may be required in connection with the fulfillment by RES of contractual obligations with respect to the Fifth Mirror Service; (4) nothing contained herein shall prevent CDD from entering into a direct relationship with RIM with respect to the VOD ODRL rights at any time and if there is an execution of such direct agreement between CDD and RIM, this Amendment will automatically terminate with respect to the Fifth Mirror Service upon RES’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with RIM, and all unrecouped amounts of the RIM Guarantee shall be credited to RIM under such direct agreement (with RIM being a third party beneficiary to this clause); and (5) all VOD ODRL audio-visual content on the non-Fifth Mirror Service portion of the Service is also available on the Fifth Mirror Service to the extent approved by RIM.