Common use of Material Breach of Confidentiality Provisions Clause in Contracts

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant may be liable to AACS LA under Sections 10.2.2 through 10.2.5, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 through 7.4 and Section 7.11 of this Agreement, Content Participant shall be liable to AACS LA for one million U.S. dollars (US$1,000,000). For purposes of this Section 10.2.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of AACS Technology, including but not limited to Adopters and Fellow Content Participants, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 above shall not apply: (1) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2) if Content Participant maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3) if Content Participant brought the breach to AACS LA’s attention in a timely manner as required by this Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant Service Provider may be liable to AACS LA under Sections 10.2.2 through 10.2.5Section 8.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 5.1 through 7.4 5.4 and Section 7.11 5.11 of this Agreement, Content Participant Service Provider shall be liable to AACS LA for one million U.S. dollars (US$$1,000,000). For purposes of this Section 10.2.1 8.3.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of AACS Technology, including but not limited to Fellow Service Providers, Adopters and Fellow Content Participants, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 8.3.1 above shall not apply: (1i) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2ii) if Content Participant Service Provider maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3iii) if Content Participant Service Provider brought the breach to AACS LA’s attention in a timely manner as required by this Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant Adopter may be liable to AACS LA under Sections 10.2.2 through 10.2.5Section 9.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 6.1 through 7.4 6.4 and Section 7.11 6.12 of this Agreement, Content Participant Adopter shall be liable to AACS LA for one million For review only - Not for execution U.S. dollars (US$1,000,000). For purposes of this Section 10.2.1 9.4.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of AACS Technology, including but not limited to Fellow Adopters and Fellow Content Participants, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 9.4.1 above shall not apply: (1i) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2ii) if Content Participant Adopter maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3iii) if Content Participant Adopter brought the breach to AACS LA’s attention in a timely manner as required by this Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of to any amounts for which Content Participant Adopter may be liable to AACS LA under Sections 10.2.2 through 10.2.5Section 9.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 6.1 through 7.4 6.4 and Section 7.11 6.12 of this Interim Agreement, Content Participant Adopter shall be liable to AACS LA for one million U.S. dollars (US$1,000,000)dollars. For purposes of this Section 10.2.1 9.4.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of the AACS Technology, including but not limited to Fellow Adopters and Fellow Content Participants, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 9.4.1 above shall not apply: (1) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2) if Content Participant Adopter maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Interim Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3) if Content Participant Adopter brought the breach to AACS LA’s attention in a timely manner as required by this Interim Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant Adopter may be liable to AACS LA under Sections 10.2.2 through 10.2.5Section 9.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 6.1 through 7.4 6.4 and Section 7.11 6.12 of this Agreement, Content Participant Adopter shall be liable to AACS LA for one million U.S. dollars (US$1,000,000). For purposes of this Section 10.2.1 9.4.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of AACS Technology, including but not limited to Fellow Adopters and Fellow Content Participants, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 9.4.1 above shall not apply: (1i) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2ii) if Content Participant Adopter maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3iii) if Content Participant Adopter brought the breach to AACS LA’s attention in a timely manner as required by this Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant may be liable to AACS LA under Sections 10.2.2 through 10.2.5Section 10.2.2, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 through 7.4 7.1, 7.2 and Section 7.11 7.9 of this Interim Agreement, Content Participant shall be liable to AACS LA for in the amount of one (1) million U.S. dollars (US$1,000,000)dollars. For purposes of this Section 10.2.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of the AACS Technology, including but not limited to Adopters and Fellow Content Participants, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 above shall not apply: (1) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2) if Content Participant maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Interim Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3) if Content Participant brought the breach to AACS LA’s attention in a timely manner as required by this Interim Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant Provider may be liable to AACS LA under Sections 10.2.2 through 10.2.5Section 9.2.2, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 through 7.4 6.1, 6.2 and Section 7.11 6.9 of this Interim Agreement, Content Participant Provider shall be liable to AACS LA for in the amount of one (1) million U.S. dollars (US$1,000,000)dollars. For purposes of this Section 10.2.1 9.2.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of the AACS Technology, including but not limited to Adopters and Fellow Content ParticipantsProviders, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 9.2.1 above shall not apply: (1) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2) if Content Participant Provider maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Interim Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3) if Content Participant Provider brought the breach to AACS LA’s attention in a timely manner as required by this Interim Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Content Participant Provider may be liable to AACS LA under Sections 10.2.2 through 10.2.5, in the event of a material breach of the confidentiality provisions set forth in Sections 7.1 through 7.4 and Section 7.11 of this Agreement, Content Participant Provider shall be liable to AACS LA for one million U.S. dollars (US$1,000,000). For purposes of this Section 10.2.1 a breach shall be “material” only if it has resulted in or would be likely to result in commercially significant harm to other users of AACS Technology, including but not limited to Adopters and Fellow Content ParticipantsProviders, or constitute a threat to the integrity or security of the AACS Technology or the security of AACS Content. In addition, the following is a non-exclusive list of circumstances in which the provisions of this Section 10.2.1 above shall not apply: (1) if no Confidential Information and/or Highly Confidential Information was released to a third party not permitted hereunder to have such information or could reasonably have been expected to have been released to such third party as a result of the breach; (2) if Content Participant Provider maintains a documented internal program to assure compliance herewith (including a program to assure maintenance of inventory, samples, and confidentiality of information for purposes in addition to compliance with this Agreement), the breach was inadvertent or otherwise unintentional, and the breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content; or (3) if Content Participant Provider brought the breach to AACS LA’s attention in a timely manner as required by this Agreement and such breach did not have a material adverse effect on the integrity or security of the AACS Technology or the security of AACS Content.