Online and Mobile Added Services. Licensor hereby grants to Licensee and Licensee hereby agrees to a limited non-exclusive, non-transferable license to exhibit on the terms and conditions set forth in the Agreement (including this Amendment), each VOD Included Program during its License Period in the Licensed Language, on a Video-On-Demand (excluding Push VOD and Pay-Per-View) basis on the Added Services solely to Subscribers in the Territory, delivered by the Added Delivery Means in SD resolution and HD resolution (provided that delivery in HD resolution on the Mobile Service shall not commence until, in Licensor’s sole opinion, Licensee’s content protection system for HD on the Mobile Service meets the requirements of Section A.2(iv) of Schedule A hereto and the rest of the Schedule A), for reception on Added Devices for Personal Use during the applicable Viewing Period, pursuant solely in each instance to a Subscriber Transaction, subject at all times to the Usage Rules (as defined below) and to the Content Protection Requirements and Obligations in Schedule A to the Agreement, as amended by Schedule A to this Amendment (“Content Protection Requirements and Obligations”). The rights granted herein do not include the right of Licensee to sub-distribute or sublicense (except as set forth below), or to co-brand, syndicate or “white label” or power (e.g., “Yahoo! Video powered by Bell”) the VOD Included Programs without Licensor’s prior written approval. For the avoidance of doubt, (a) a person shall be permitted to become a Subscriber, and complete Subscriber Transactions, via the Added Services without being a Subscriber to the original VOD Service (i.e., delivery to Approved Set-Top Boxes via Authorized Delivery by Authorized Systems) (“STB Service”) and (b) subject to the terms of the Agreement, a Subscriber who has paid for a Subscriber Transaction with respect to delivery of a VOD Included Program through the interface of any one of the VOD Services (whether the STB Service, the Online Service or the Mobile Service) shall have the right to view all or part of such VOD Included Program by each other VOD Service, all pursuant to such single Subscriber Transaction (i.e., not subject to separate charges with respect to each VOD Service); provided that the Viewing Period shall be the same across all of the VOD Services (and such Viewing Period shall commence at the earliest time the Subscriber is technically enabled to view the applicable VOD Included Program on any of the VOD Services). E...
Online and Mobile Added Services
