Common use of Material Breach of Confidentiality Provisions Clause in Contracts

Material Breach of Confidentiality Provisions. Without limitation of any amounts for which Service Provider may be liable to AACS LA under Section 8.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 through 5.4 and Section 5.11 of this Agreement, Service Provider shall be liable to AACS LA for one million dollars ($1,000,000). For purposes of this Section 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 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 8.3.1 above shall not apply: (i) 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; (ii) if 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 (iii) if 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 Service Provider Content Participant may be liable to AACS LA under Section 8.4.2Sections 10.2.2 through 10.2.5, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 7.1 through 5.4 7.4 and Section 5.11 7.11 of this Agreement, Service Provider Content Participant shall be liable to AACS LA for one million U.S. dollars ($US$1,000,000). For purposes of this Section 8.3.1 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 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 8.3.1 10.2.1 above shall not apply: (i1) 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; (ii2) if Service Provider 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 (iii3) if Service Provider 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 Service Provider Adopter may be liable to AACS LA under Section 8.4.29.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 6.1 through 5.4 6.4 and Section 5.11 6.12 of this Agreement, Service Provider 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 8.3.1 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 Service Providers, Adopters and 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 8.3.1 9.4.1 above shall not apply: (i) 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; (ii) if Service Provider 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 (iii) if Service Provider 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 Service Provider Content Participant may be liable to AACS LA under Section 8.4.210.2.2, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 through 5.4 7.1, 7.2 and Section 5.11 7.9 of this Interim Agreement, Service Provider Content Participant shall be liable to AACS LA for in the amount of one (1) million dollars ($1,000,000)dollars. For purposes of this Section 8.3.1 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 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 8.3.1 10.2.1 above shall not apply: (i1) 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; (ii2) if Service Provider 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 (iii3) if Service Provider 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 Service Content Provider may be liable to AACS LA under Section 8.4.29.2.2, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 through 5.4 6.1, 6.2 and Section 5.11 6.9 of this Interim Agreement, Service Content Provider shall be liable to AACS LA for in the amount of one (1) million dollars ($1,000,000)dollars. For purposes of this Section 8.3.1 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 Fellow Service Providers, 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 8.3.1 9.2.1 above shall not apply: (i1) 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; (ii2) if Service Content 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 (iii3) if Service Content 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 Service Provider Adopter may be liable to AACS LA under Section 8.4.29.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 6.1 through 5.4 6.4 and Section 5.11 6.12 of this Agreement, Service Provider Adopter shall be liable to AACS LA for one million U.S. dollars ($US$1,000,000). For purposes of this Section 8.3.1 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 Service Providers, Adopters and 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 8.3.1 9.4.1 above shall not apply: (i) 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; (ii) if Service Provider 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 (iii) if Service Provider 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 Service Provider Adopter may be liable to AACS LA under Section 8.4.29.4.2, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 6.1 through 5.4 6.4 and Section 5.11 6.12 of this Interim Agreement, Service Provider Adopter shall be liable to AACS LA for one million dollars ($1,000,000)dollars. For purposes of this Section 8.3.1 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 Service Providers, Adopters and 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 8.3.1 9.4.1 above shall not apply: (i1) 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; (ii2) if Service Provider 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 (iii3) if Service Provider 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 Service Content Provider may be liable to AACS LA under Section 8.4.2Sections 10.2.2 through 10.2.5, in the event of a material breach of the confidentiality provisions set forth in Sections 5.1 7.1 through 5.4 7.4 and Section 5.11 7.11 of this Agreement, Service Content Provider shall be liable to AACS LA for one million U.S. dollars ($US$1,000,000). For purposes of this Section 8.3.1 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 Fellow Service Providers, 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 8.3.1 10.2.1 above shall not apply: (i1) 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; (ii2) if Service Content 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 (iii3) if Service Content 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.