Common use of Non-Assertion and Defensive Suspension as to Licensed Production/Test Tools Clause in Contracts

Non-Assertion and Defensive Suspension as to Licensed Production/Test Tools. From and after the Production Election Date, Executing Entity hereby covenants that it shall not assert or maintain, and shall cause each of its Affiliates not to assert or maintain, any claim of infringement of its, or their respective, Necessary Claims or its, or their respective, copyrights and trade secrets in the Specifications and AACS Keys against any party for making, having made, using, offering to sell, selling and importing Licensed Production/Test Tools to the extent that such party (a “Tool Licensee”) is licensed to do so by the Licensors and AACS LA under an Approved License. If a Tool Licensee initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Licensed Production/Test Tool, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service based on a Necessary Claim of such Tool Licensee or its Affiliate, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under this Section 2.4.8 with respect to such Tool Licensee and its Affiliates.

Non-Assertion and Defensive Suspension as to Licensed Production/Test Tools. From and after the Production Election Date, Executing Entity hereby covenants that it shall not assert or maintain, and shall cause each of its Affiliates not to assert or maintain, any claim of infringement of its, or their respective, Necessary Claims or its, or their respective, copyrights and trade secrets in the Specifications and AACS Keys against any party for making, having made, using, offering to sell, selling and importing Licensed Production/Test Tools to the extent that such party (a “Tool Licensee”) is licensed to do so by the Licensors and AACS LA under an Approved License. If a Tool Licensee initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Licensed Production/Test Tool, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product Product, AACS Online Service or Evaluation AACS Online Service based on a Necessary Claim of such Tool Licensee or its Affiliate, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under this Section 2.4.8 2.6.7 with respect to such Tool Licensee and its Affiliates.

Non-Assertion and Defensive Suspension as to Licensed Production/Test Tools. From and after the Production Election Date, Executing Entity hereby covenants that it shall not assert or maintain, and shall cause each of its Affiliates not to assert or maintain, any claim of infringement of its, or their respective, Necessary Claims or its, or their respective, copyrights and trade secrets in the Specifications and AACS Keys against any party for making, having made, using, offering to sell, selling and importing Licensed Production/Test Tools to the extent that such party (a “Tool Licensee”) is licensed to do so by the Licensors and AACS LA under an Approved License. If a Tool Licensee initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Licensed Production/Test Tool, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service based on a Necessary Claim of such Tool Licensee or its Affiliate, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under this Section 2.4.8 2.6.7 with respect to such Tool Licensee and its Affiliates.

Non-Assertion and Defensive Suspension as to Licensed Production/Test Tools. From and after the Production Election Date, Executing Entity hereby covenants that it shall not assert or maintain, and shall cause each of its Affiliates not to assert or maintain, any claim of infringement of its, or their respective, Necessary Claims or its, or their respective, copyrights and trade secrets in the Specifications and AACS Keys against any party for making, having made, using, offering to sell, selling and importing Licensed Production/Test Tools to the extent that such party (a “Tool Licensee”) is licensed to do so by the Licensors and AACS LA under an Approved License. If a Tool Licensee initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Licensed Production/Test Tool, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service based on a Necessary Claim of such Tool Licensee or its Affiliate, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under this Section 2.4.8 2.6.7 with respect to such Tool Licensee and its Affiliates.. Not for execution

Non-Assertion and Defensive Suspension as to Licensed Production/Test Tools. From and after the Production Election Date, Executing Entity hereby covenants that it shall not assert or maintain, and shall cause each of its Affiliates not to assert or maintain, any claim of infringement of its, or their respective, Necessary Claims or its, or their respective, copyrights and trade secrets in the Specifications and AACS Keys against any party for making, having made, using, offering to sell, selling and importing Licensed Production/Test Tools to the extent that such party (a “Tool Licensee”) is licensed to do so by the Licensors and AACS LA under an Approved License. If a Tool Licensee initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Licensed Production/Test Tool, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service based on a Necessary Claim of such Tool Licensee or its Affiliate, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under this Section 2.4.8 with respect to such Tool Licensee and its Affiliates.. For review only - Not for execution