Common use of Geofiltering Clause in Contracts

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 3 contracts

Samples: Video on Demand License Agreement, Video on Demand License Agreement, Video on Demand License Agreement

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Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection RequirementsNETWORK SERVICE PROTECTION REQUIREMENTS. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection systemsystems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. HighHIGH-Definition Restrictions DEFINITION RESTRICTIONS & Requirements REQUIREMENTS In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 3 contracts

Samples: Basic Television and Svod License Agreement, License Agreement, Basic Television and Svod License Agreement

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard a “state of the art” protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one yearthree years. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. Personal Computers HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.:

Appears in 2 contracts

Samples: Fvod License Agreement, License Revocation

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. Personal Computers HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Personal Computer Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform Personal Computer (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Personal Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform Personal Computer With respect to playback in HD over analog outputs on General Purpose Computer Platforms Personal Computers that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms Personal Computers or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms Personal Computers is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing PlatformsPersonal Computers”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms Personal Computers that are in compliance with this section “General Purpose Computing PlatformsPersonal Computers”, and General Purpose Computing Platforms Personal Computers which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms Personal Computers that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing PlatformsPersonal Computers, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 2 contracts

Samples: License Revocation, Svod License Agreement

Geofiltering. The Content Protection System Licensee shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering tactics measures (or those of its provider of geofiltering services) and perform upgrades to the Content Protection System so as to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard a “state of the art” protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one yearthree years. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. Personal Computers HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Personal Computer Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform Personal Computer (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Personal Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform Personal Computer With respect to playback in HD over analog outputs on General Purpose Computer Platforms Personal Computers that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms Personal Computers or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms Personal Computers is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing PlatformsPersonal Computers”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms Personal Computers that are in compliance with this section “General Purpose Computing PlatformsPersonal Computers”, and General Purpose Computing Platforms Personal Computers which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms Personal Computers that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing PlatformsPersonal Computers, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 2 contracts

Samples: Dhe License Agreement, License Revocation

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory (for Internet delivered services) and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Included Programs as made available via the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. Personal Computers HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Personal Computer Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform Personal Computer (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Personal Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform Personal Computer With respect to playback in HD over analog outputs on General Purpose Computer Platforms Personal Computers that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms Personal Computers or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms Personal Computers is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing PlatformsPersonal Computers”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms Personal Computers that are in compliance with this section “General Purpose Computing PlatformsPersonal Computers”, and General Purpose Computing Platforms Personal Computers which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms Personal Computers that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing PlatformsPersonal Computers, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 2 contracts

Samples: Licence Agreement, Licence Agreement

Geofiltering. The Content Protection System Licensee shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering tactics measures (or those of its provider of geofiltering services) and perform upgrades to the Content Protection System so as to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card or other payment instrument (e.g. mobile phone xxxx or e-payment system) on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with payment instrument was set up for a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located user within the Territory or (B) with respect to any Customer who does not have a credit card or other payment instrument (e.g. mobile phone xxxx or e-payment system) on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection systemsystems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatformsComputer Platforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs General Purpose Computer Platforms will include be: Allowed Platforms HD content for General Purpose Computer Platforms is only allowed on the following: device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Robust Implementation Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. All implementations of Content Protection Systems on General Purpose Computer Platforms deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is was registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: License Agreement

Geofiltering. The Content Protection System SystemLicensee shall take affirmative, commercially reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering tactics tacticsmeasures (or those of its provider of geofiltering services) and perform upgrades to the Content Protection System Systemso as to maintain “state of the art” geofiltering capabilitiescapabilities as implemented by the majority of major MSOs in the United States and Canada. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoingforegoing and specifically in connection to the Licensed Internet Service, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard a “state of the art” protection system. For the Licensed Internet Service, Licensor acknowledges that Licensee uses Akamai Net Storage (“Akamai”) to store the content. Licensee shall ensure that Akamai is in compliance with this provision at all times. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one yearthree (3) months after the expiration of the license period for such contentyears. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgradesupgrades supported by the systems used for the Licensed Cable Service and the Licensed Internet Service. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. Time-Delimited Requirements Early Window and High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) Early Window content is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. Personal Computers HD content (720 X 576 resolution and above 5Mbps bit rate) is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD PCs) Early Window content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.Requirements

Appears in 1 contract

Samples: License Revocation

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Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory (for services delivered via IP only) and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits audits, subject to appropriate confidentiality agreements, upon the request of Licensor. Any such audit shall only be carried out in the exceptional circumstances where Licensor has reasonable grounds to believe Licensee has committed a serious breach of the content protection requirements set out herein: Any such audit shall only be carried out during regular business hours, that shall not last more than ten (10) consecutive days, in a manner as not unreasonably to interfere with Licensee’s normal business, upon reasonable prior notice (with the understanding that in exceptional circumstances the notice period may be as low as two (2) Business Days), with Licensee having the right to be present and to receive a copy of the result of the audit. At Licensor’s reasonable written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems that have a detrimental effect on the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatformsComputer Platforms. HD content is expressly prohibited from being delivered approved for delivery to and playable playing on Personal Computers, Tablets and Mobile Phones (termed “General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile PhonesPlatforms”) unless explicitly approved by Licensor. If approved by Licensor, with the following additional requirements for HD playback on PCs will include the followingrequirements: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section 21. (“Digital Outputs”) above unless stated explicitly otherwise below. If an HDCP connection must be enabled on all uncompressed digital outputs (e. g., HDMI, Display Port), unless the customer’s system cannot be established, as required by section “Digital Outputs” abovesupport HDCP (e. g., the playback of Current Films over an output content would not be viewable on a General Purpose Computing Platform (either digital or analog) must such customer’s system if HDCP were to be limited to a resolution no greater than Standard Definition (SDapplied). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st Decembershall, 2011where possible, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films The Channels in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films the Channels in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films the Channels in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: Fifth Amendment Agreement

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard a “state of the art” protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one yearthree years. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: wikileaks.org

Geofiltering. The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: Supplement License Agreement

Geofiltering. The Content Protection System SystemLicensee shall take affirmative, commercially reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering tactics tacticsmeasures (or those of its provider of geofiltering services) and perform upgrades to the Content Protection System Systemso as to maintain “state of the art” geofiltering capabilitiescapabilities as implemented by the majority of major MSOs in the United States and Canada. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoingforegoing and specifically in connection to the Licensed Internet Service, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card on file with the Licensed Service, Licensee shall confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with Licensee only to permit a delivery if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer who does not have a credit card on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard a “state of the art” protection system. For the Licensed Internet Service, Licensor acknowledges that Licensee uses Akamai Net Storage (“Akamai”) to store the content. Licensee shall ensure that Akamai is in compliance with this provision at all times. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be securely stored for a period of at least one yearthree (3) months after the expiration of the license period for such contentyears. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgradesupgrades supported by the systems used for the Licensed Cable Service and the Licensed Internet Service. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on PCs will include the following: Digital Outputs: For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analog outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: License Revocation

Geofiltering. The Content Protection System shall take affirmative, reasonable measures designed to restrict access to Licensor’s content transmitted via the Internet (or analogous Delivery System) to within the territory in Territory including by employing a so-called “hand shaking protocol” which the content has been licensedis designed to ensure that such transmission signal is received by an authorised subscriber by means of a registered Approved Device with individual recognition capability. [NOTE TO SONY – GEO-FILTERING TECHNOLOGY CAN ONLY APPLY TO INTERNET DELIVERED SERVICES. FURTHERMORE, CLAUSE 7 OF THE MAIN AGREEMENT LIMITS SKY’S RIGHTS TO THE TERRITORY AND PROVIDES FOR OVERSPILL]. Licensee shall periodically review the geofiltering tactics and perform upgrades to the Content Protection System to maintain “state of the art” geofiltering capabilities. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and [NOTE TO SONY – THIS IS COVERED UNDER CLAUSE 24] which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer subscriber who has a credit card on file with the Licensed Servicefile, Licensee shall confirm at the time of subscription first presentation of credit card details by the User [Sony: it’s clearer to say that the credit card check will be made when the credit card is first presented,]confirm that the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory, with and Licensee will only deliver to permit a delivery subscribers if the country code of the bank or financial institution issuing such credit card corresponds with a geographic area that is located within the Territory or (B) with respect to any Customer subscriber who does not have a credit card on file with the Licensed Servicefile, Licensee will require such Customer subscriber to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction deliver to subscribers if the address that the Customer subscriber supplies is within the Territory. Network Service Protection Requirements. Requirements All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection system. Document Documented security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content must be kept and securely stored for a period of at least one yearstored. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. At Licensor’s written request, security details of the network services, servers, policies, and facilities that are relevant to the security of the Licensed Service service (together, the “Licensed Service Security Systems”) shall be provided to the Licensor, and Licensor reserves the right to subsequently make reasonable requests for improvements to the Licensed Service Security Systems. Any substantial changes to the Licensed Service Security Systems must be submitted to Licensor for approval, if Licensor has made a prior written request for such approval rights. Content must be returned to Licensor or securely destroyed pursuant to the Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose ComputerPlatforms. [NOTE TO SONY – WE UNDERSTAND THAT THESE RESTRICTIONS ONLY APPLY TO STEREOSCOPIC 3D ON THE BASIS THAT OUR GRANT OF RIGHTS ISN’T LIMITED TO THIS FORM OF 3D DELIVERY] HD content is expressly prohibited from being may be delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved agreed in writing by Licensor, such consent not Personal Computers, subject to be unreasonably withheld or delayed. Without limiting the additional generality of requirements given below. Allowed Platforms HD content for Personal Computers is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Robust Implementation Implementations of Content Protection Systems on Personal Computers shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on Personal Computers shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All Personal Computers (devices) deployed by Licensee after end December 31st, 2013, shall support hardware-enforced security mechanisms, including trusted execution environments and secure boot. All implementations of Content Protection Systems on Personal Computers deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD playback content where the Personal Computers on PCs will include which the following: implementation resides does not support hardware-enforced security mechanisms. PC/Mac Digital Outputs: Subject to the foregoing, Licensor will : For avoidance of doubt, HD content may only be output deemed to be unreasonably withholding consentoutput in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform PC/Mac (either digital or analoganalogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform PC/Mac that is was registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform PC/Mac With respect to playback in HD over analog outputs on General Purpose Computer Platforms PCs/Macs that are were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog analogue outputs on all such General Purpose Computing Platforms PCs/Macs or (ii) ensure that the playback of such content over analog analogue outputs on all such General Purpose Computing Platforms PCs/Macs is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not able to demonstrate effective output protection for PC’s. [NOTE TO SONY - TO BE DISCUSSED FURTHER]not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing PlatformsPCs/Macs”; provided that: [NOTE TO SONY – WE CAN’T SEE ANY MERIT IN NEGOTIATING THESE PROVISIONS WHILE HD TO THE PC ISN’T APPROVED] if Licensee can robustly distinguish between General Purpose Computing Platforms PCs/Macs that are in compliance with this section “General Purpose Computing PlatformsPCs/Macs”, and General Purpose Computing Platforms PCs/Macs which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms PCs/Macs that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing PlatformsPCs/Macs, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: wikileaks.org

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