Common use of Material Breach of Compliance or Robustness Rules Clause in Contracts

Material Breach of Compliance or Robustness Rules. In the event of a material breach of the applicable Compliance Rules, other than a breach covered by Sections 9.4.4 or 9.4.5, that involves the manufacture or distribution of devices or software that fail to protect the integrity or security of the AACS Technology or the security of AACS Content, Adopter shall be liable to AACS LA in the amount of eight million dollars (US$8,000,000). AACS LA agrees that systemic failures of the AACS Technology, or any aspect of the AACS Technology, that are not caused by breaches by Adopter shall not trigger application of the provisions of this Section 9.4.2 to Adopter and/or its products.

Material Breach of Compliance or Robustness Rules. In the event of a material breach of the applicable Compliance Rules, other than a breach covered by Sections 9.4.4 or 9.4.5, of Part 3 Section 1 of the Compliance Rules that involves the manufacture or distribution of devices or software that fail to protect the integrity or security of the AACS Technology or the security of AACS Content, and such breach is not cured in accordance with Section 7.1.3, Adopter shall be liable to AACS LA in the amount of eight (8) million dollars (US$8,000,000)dollars. AACS LA agrees that systemic failures of the AACS Technology, or any aspect of the AACS Technology, that are not caused by breaches by Adopter shall not trigger application of the provisions of this Section 9.4.2 to Adopter and/or its products.