High Definition. The parties agree that, unless otherwise authorized by Licensor in writing, Licensee shall distribute the VOD Included Programs on a VOD basis pursuant to the Agreement in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Current Features and Library Features in High Definition resolution on a VOD basis by providing Licensee with written notice of which Current Features or Library Features are available to Licensee for distribution in High Definition on a VOD basis pursuant to this Agreement.
High Definition. 3.5.1 Unless otherwise authorized by Licensor in writing, Licensee shall distribute the Included Programs in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Included Programs in High Definition resolution by providing Licensee with written notice of which Included Programs are available for distribution in High Definition (which notice may be given in the Current Avail Notice or Library Avail List, as applicable, for such Included Program).
3.5.2 Notwithstanding anything to the contrary in Section 3.5.1 above, Licensor shall authorize Licensee to Transmit in High Definition resolution in the applicable Territory each and any Current Film and/or Library Film that Licensor or any other SPE Entity makes available to any Other Distributor for distribution in High Definition resolution on a VOD basis in such Territory. For clarity, this Section 3.5.2 shall not in any way be deemed to limit Licensor ’s right to delay the Availability Date of up to 10% of Current Films hereunder in order to provide for earlier exclusive distribution through an Other Distributor, as more particularly provided in Section 3.3 of the Principal Terms.
High Definition. 3.5.1 Unless otherwise authorized by Licensor in writing, Licensee shall distribute the Included Programs in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Included Programs in High Definition resolution by providing Licensee with written notice of which Included Programs are available for distribution in High Definition (which notice may be given in the Current Avail Notice or Library Avail List, as applicable, for such Included Program).
High Definition. In the first sentence of Section 2.1 of the General Terms, the words “High Definition (except for Portable Devices) and” are added before the words “in Standard Definition”; provided that, for the avoidance of doubt, High Definition Included Programs shall be, at all times during the Term, subject to the content protection requirements as set forth in the Agreement, as amended by this Amendment.
High Definition. Licensor will provide Licensee with written notice (in the applicable availability list or otherwise) of which Programs are available for exhibition in High Definition on the Free/Basic TV Licensed Services and/or the SVOD Standalone Licensed Services (as applicable), it being acknowledged and agreed that such notices shall not be construed to mean the SVOD Enhancement Licensed Services or the Simulcast Licensed Services may exhibit such Programs in High Definition. For the avoidance of doubt, the following are available in High Definition: (a) First Run Features, (b) The Hatfields and the McCoys, (c) Justified, (d) Xxxxxx and Xxxxx and (e) Drop Dead Diva. Licensee shall not exhibit a version of the Program that has been upconverted but may downconvert a Program from High Definition materials solely for exhibition of such Program in Standard Definition in accordance with the terms of this Agreement, provided that Licensee shall maintain the aspect ratio of such High Definition materials and shall not promote such Standard Definition exhibition as being in High Definition. For the purpose of calculating the Maximum Permitted Number of Exhibitions for each Program, High Definition and Standard Definitions versions of the same Free/Basic TV Licensed Service shall constitute a single Free/Basic TV Licensed Service only to the extent both versions contain substantially similar, simultaneous programming.
High Definition. Licensee shall not exhibit a version of a Program episode that has been upconverted but may downconvert a Program episode from High Definition materials solely for exhibition of such Program episode in Standard Definition in accordance with the terms of this Agreement, provided that Licensee shall maintain the aspect ratio of such High Definition materials and shall not promote such Standard Definition exhibition as being in High Definition. For the purpose of calculating the Maximum Permitted Number of Exhibitions for each Program, High Definition and Standard Definitions versions of the same Free/Basic TV Licensed Service shall constitute a single Free/Basic TV Licensed Service only to the extent both versions contain substantially similar, simultaneous programming.
High Definition. The parties agree that, unless otherwise authorized by Licensor in writing, Licensee shall distribute the DHE Included Programs on a DHE basis pursuant to the Agreement solely in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Television Episodes in High Definition resolution on a DHE basis by providing Licensee with written notice of which Television Episodes are available to Licensee for distribution in High Definition on a DHE basis pursuant to this Agreement.
High Definition. 3.5.1 Unless otherwise authorized by Licensor in writing, Licensee shall distribute the Included Programs in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific Included Programs in High Definition resolution by providing Licensee with written notice of which Included Programs are available for distribution in High Definition (which notice may be given in the Current Avail Notice or Library Avail List, as applicable, for such Included Program).
3.5.2 Notwithstanding anything to the contrary in Section 3.5.1 above, and except as set forth in Section 3.6 below, ifLicensor shall authorize Licensee to Transmit in High Definition resolution in the applicable Territory each and any Current Film and/or Library Film that Licensor or any other SPE Entity provides to any Other Distributor the right to exhibit any Included Program(s)makes available to any Other Distributor for distribution in High Definition resolution on an Electronic Rental basis (or provides to any other party the right to exhibit such Included Program(s) in High Definition resolution on a free-on-demand basis), then Licensor shall notify Licensee thereof (and any such disclosure shall be treated as confidential hereunder) and Licensee shall have the right to Transmit such Included Program(s) in High Definition resolution; provided, however, that:a VOD basis in such Territory. For clarity, this Section 3.5.2 shall not in any way be deemed to limit Licensor’s right to delay the Availability Date of up to 10% of Current Films hereunder in order to provide for earlier exclusive distribution through an Other Distributor, as more particularly provided in Section 3.3 of the Principal Terms.
(a) with respect to any Early Avail Film that Licensee did not accept as an Early Avail Film pursuant to Section 3.7, the fact that an Early Avail Distributor has the right pursuant to the Early Avail Related Terms and Conditions to exhibit such Early Avail Film in High Definition resolution after such Early Avail Film’s Home Video Street Date shall not trigger the provisions of this Section 3.5.2; and
(b) with respect to any Current Film that is not an Early Avail Film, in the event that: (i) Licensor granted a Permitted Exception to an Other Distributor that allowed such Other Distributor to have both (A) an earlier availability date and/or a Later License Period Expiration Date and (B) the right to exhibit such Current Film in High Definition resolution, ...
High Definition. Licensor authorizes Licensee to exhibit the Included Programs in High Definition resolution, to the extent available from Licensor in High Definition resolution.4
High Definition. The parties agree that, unless otherwise authorized by Licensor in writing, Licensee shall distribute the VOD Included Programs on a VOD basis pursuant to the Agreement solely in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific VOD Included Programs in High Definition resolution on a VOD basis by providing Licensee with written notice of which VOD Included Programs are available to Licensee for distribution in High Definition on a VOD basis pursuant to this Agreement (such notices to be provided by Licensor on periodic title avail lists which will be delivered via email or other means mutually agreed upon in writing by the parties). In the event Licensor authorizes Licensee to distribute specific VOD Included Programs in High Definition as set forth above, then Licensee shall be permitted to transmit such VOD Included Programs via Authorized Delivery Means in High Definition for exhibition on all Approved Devices that are not personal computers; provided however, with respect to the Google TV platform, VOD Included Programs may only be exhibited in High Definition on the following Approved Devices and shall be subject to Schedule C (including, without limitation, Section IV): (i) the Sony Internet TV, (ii) the Sony Internet TV Blu-ray Disc Player and (iii) the Logitech Revue set-top box (collectively, the “Pre-Approved Google TV Devices”); provided further, however, that VOD Included Programs may be exhibited in High Definition on additional Approved Devices that utilize the Google TV Platform that are not on the preceding list of Pre-Approved Google TV Devices in the event that Licensor gives prior written approval (including by email) (together with the Pre-Approved Google TV Devices, the “Approved Google TV Devices”).
