Common use of Other Circumstances Warranting Expiration Clause in Contracts

Other Circumstances Warranting Expiration. AACS LA, at its own initiative or, except in the case of Sections 6.3.3 or 6.3.6, at the initiative of any Eligible Adopter or Eligible Content Participant, may Expire a Device Key, a Device Key Set, Host Private Key, Drive Private Key or Sequence Key or Sequence Key Set when: 6.3.1 such AACS Key has been cloned such that the same AACS Key is found in more than one device or Licensed Product other than as set forth in the Compliance Rules for products implementing Shared Device Keys; 6.3.2 such AACS Key or Key Set has been (i) made public, lost, stolen, intercepted or otherwise misdirected, or (ii) extracted or disclosed except to the extent permitted by this Agreement ( in any instance of (i) or (ii), “Exposed”); 6.3.3 AACS LA is directed to Expire such AACS Key or Key Set by the National Security Agency, court order, or other competent government authority; 6.3.4 such AACS Key correlates to a Licensed Component that was reported by Adopter as having been shipped to but not received by an intended authorized recipient pursuant to its Adopter Agreement; 6.3.5 such AACS Key correlates to a specific unit of a Licensed Product (in the case of unique keys) or to any unit of a Licensed Product (in the case of Shared Device Keys) where such unit or any unit, respectively, has been used for unauthorized extraction, distribution, reproduction or transmission of secret AACS Keys or Title Keys; 6.3.6 such AACS Key is reasonably found by AACS LA to be subject to imminently being Exposed on the basis that it: (A) correlates to a specific unit (in the case of unique keys), or units (in the case of Shared Device Keys) of a Licensed Product that has a confirmed vulnerability (provided that such vulnerability is not the result of a systemic failure of the AACS Technology or any aspect of the AACS Technology) for which a concrete exploit can be demonstrated in which such an AACS Key can be Exposed and AACS LA reasonably finds that such vulnerability is likely to imminently be so exploited by unauthorized parties to Expose such AACS Key, provided that if the Adopter objects to expiration pursuant to the Key Expiration Procedures (as defined below), then in an arbitration pursuant to the Key Expiration Procedures Expiration shall not be required unless the arbitrator finds, in addition to the foregoing, that the vulnerability is an implementation vulnerability in violation of the Compliance Rules. The finding by the arbitrator on the issue of whether or not an Adopter’s implementation is in breach of the Compliance Rules shall be binding only as to Expiration, and shall not be admissible by such Adopter, AACS LA or any Third Party Beneficiary of the applicable Adopter Agreement in any subsequent litigation concerning other remedies for alleged breaches of the Compliance Rules, or (B) there has been a violation of the requirements of Sections 10.3.1 and

Other Circumstances Warranting Expiration. AACS LA, at its own initiative initiative, or, except in the case of Sections 6.3.3 10.3.3 or 6.3.610.3.6, at the initiative of any Eligible Adopter Fellow Adopter, or Eligible Content Participant, may Expire a Device Key, a Device Key Set, Host Private Key, Drive Private Key or Sequence Key or Sequence Key Set when: 6.3.1 10.3.1. such AACS Key has been cloned such that the same AACS Key is found in more than one device or Licensed Product other than as set forth in the Compliance Rules for products implementing Shared Device Keys; 6.3.2 10.3.2. such AACS Key or Key Set has been (i) made public, lost, stolen, intercepted or otherwise misdirected, or (ii) extracted or disclosed except to the extent permitted by this Agreement ( (in any instance of (i) or (ii), “Exposed”); 6.3.3 10.3.3. AACS LA is directed to Expire such AACS Key or Key Set by the National Security Agency, court order, or other competent government authority; 6.3.4 10.3.4. such AACS Key correlates to a Licensed Component that was reported by Adopter as having been shipped to but not received by an intended authorized recipient pursuant to its Adopter AgreementSection 1.53(v); 6.3.5 10.3.5. such AACS Key correlates to a specific unit of a Licensed Product (in the case of unique keys) or to any unit of a Licensed Product (in the case of Shared Device Keys) where such unit or any unit, respectively, has been used for unauthorized extraction, distribution, reproduction or transmission of secret AACS Keys or Title Keys; 6.3.6 10.3.6. such AACS Key is reasonably found by AACS LA to be subject to imminently being Exposed on the basis that it:: For review only - Not for execution (Ai) correlates to a specific unit (in the case of unique keys), or units (in the case of Shared Device Keys) of a Licensed Product that has a confirmed vulnerability (provided that such vulnerability is not the result of a systemic failure of the AACS Technology or any aspect of the AACS Technology) for which a concrete exploit can be demonstrated in which such an AACS Key can be Exposed Exposed, and AACS LA reasonably finds that such vulnerability is likely to imminently be so exploited by unauthorized parties to Expose such AACS Key, provided that if the Adopter objects to expiration pursuant to the Key Expiration Procedures (as defined below)Section 10.4.5, then in an arbitration pursuant to the Key Expiration Procedures Section 10.5.2 Expiration shall not be required unless the arbitrator finds, in addition to the foregoing, that the vulnerability is an implementation vulnerability in violation of the Compliance Rules. The finding by the arbitrator on the issue of whether or not an Adopter’s implementation is in breach of the Compliance Rules shall be binding only as to Expiration, and shall not be admissible by such Adopter, AACS LA or any Third Party Beneficiary of the applicable Adopter Agreement in any subsequent litigation concerning other remedies for alleged breaches of the Compliance Rules, or (Bii) there has been a violation of the requirements of Sections 6.3.1 and 6.3.2 for handling of AACS Keys, through which violation AACS LA reasonably finds it likely that such AACS Key imminently will be Exposed. Prior to giving the fifteen (15) day notice required under Section 10.4.4 in order to seek Expiration under this section 10.3.6, AACS LA must give Adopter ten (10) days advance notice of its intent to issue such an Expiration notice, setting forth the basis for a good faith belief that the threat of imminent Exposure under the circumstances of (i) or (ii) above exists (“Advance Notice”). During such Advance Notice period, Adopter may provide information in its possession that refutes information in the Advance Notice, which AACS LA shall consider prior to giving actual notice of initiation of the Expiration process. 10.3.7. Adopter consents in writing to a request from AACS LA for Expiration. (the “Expiration Criteria”). Without limiting the foregoing, AACS LA shall not Expire AACS Keys (a) based on Adopter’s breach of this Agreement, other than where Adopter has caused any of the circumstances set forth in Sections 10.3.1 andthrough 10.3.7 above; or (b) to disable products or devices where the security of the AACS Technology has been compromised by third parties, other than as described in Sections 10.3.1. through 10.3.7 above.

Other Circumstances Warranting Expiration. AACS LA, at its own initiative initiative, or, except in the case of Sections 6.3.3 10.3.3 or 6.3.610.3.6, at the initiative of any Eligible Adopter Fellow Adopter, or Eligible Content Participant, may Expire a Device Key, a Device Key Set, Host Private Key, Drive Private Key or Sequence Key or Sequence Key Set when: 6.3.1 10.3.1. such AACS Key has been cloned such that the same AACS Key is found in more than one device or Licensed Product other than as set forth in the Compliance Rules for products implementing Shared Device Keys; 6.3.2 10.3.2. such AACS Key or Key Set has been (i) made public, lost, stolen, intercepted or otherwise misdirected, or (ii) extracted or disclosed except to the extent permitted by this Agreement ( (in any instance of (i) or (ii), “Exposed”); 6.3.3 10.3.3. AACS LA is directed to Expire such AACS Key or Key Set by the National Security Agency, court order, or other competent government authority; 6.3.4 10.3.4. such AACS Key correlates to a Licensed Component that was reported by Adopter as having been shipped to but not received by an intended authorized recipient pursuant to its Adopter AgreementSection 1.53(v); 6.3.5 10.3.5. such AACS Key correlates to a specific unit of a Licensed Product (in the case of unique keys) or to any unit of a Licensed Product (in the case of Shared Device Keys) where such unit or any unit, respectively, has been used for unauthorized extraction, distribution, reproduction or transmission of secret AACS Keys or Title Keys; 6.3.6 10.3.6. such AACS Key is reasonably found by AACS LA to be subject to imminently being Exposed on the basis that it: (Ai) correlates to a specific unit (in the case of unique keys), or units (in the case of Shared Device Keys) of a Licensed Product that has a confirmed vulnerability (provided that such vulnerability is not the result of a systemic failure of the AACS Technology or any aspect of the AACS Technology) for which a concrete exploit can be demonstrated in which such an AACS Key can be Exposed Exposed, and AACS LA reasonably finds that such vulnerability is likely to imminently be so exploited by unauthorized parties to Expose such AACS Key, provided that if the Adopter objects to expiration pursuant to the Key Expiration Procedures (as defined below)Section 10.4.5, then in an arbitration pursuant to the Key Expiration Procedures Section 10.5.2 Expiration shall not be required unless the arbitrator finds, in addition to the foregoing, that the vulnerability is an implementation vulnerability in violation of the Compliance Rules. The finding by the arbitrator on the issue of whether or not an Adopter’s implementation is in breach of the Compliance Rules shall be binding only as to Expiration, and shall not be admissible by such Adopter, AACS LA or any Third Party Beneficiary of the applicable Adopter Agreement in any subsequent litigation concerning other remedies for alleged breaches of the Compliance Rules, or (Bii) there has been a violation of the requirements of Sections 6.3.1 and 6.3.2 for handling of AACS Keys, through which violation AACS LA reasonably finds it likely that such AACS Key imminently will be Exposed. Prior to giving the fifteen (15) day notice required under Section 10.4.4 in order to seek Expiration under this section 10.3.6, AACS LA must give Adopter ten (10) days advance notice of its intent to issue such an Expiration notice, setting forth the basis for a good faith belief that the threat of imminent Exposure under the circumstances of (i) or (ii) above exists (“Advance Notice”). During such Advance Notice period, Adopter may provide information in its possession that refutes information in the Advance Notice, which AACS LA shall consider prior to giving actual notice of initiation of the Expiration process. 10.3.7. Adopter consents in writing to a request from AACS LA for Expiration. (the “Expiration Criteria”). Without limiting the foregoing, AACS LA shall not Expire AACS Keys (a) based on Adopter’s breach of this Agreement, other than where Adopter has caused any of the circumstances set forth in Sections 10.3.1 andthrough 10.3.7 above; or (b) to disable products or devices where the security of the AACS Technology has been compromised by third parties, other than as described in Sections 10.3.1. through 10.3.7 above.

Other Circumstances Warranting Expiration. AACS LA, at its own initiative or, except in the case of Sections 6.3.3 or 6.3.6, at the initiative that of any Eligible Adopter Fellow Adopter, or Eligible Content Participant, may Expire a Device Key, a Device Key Set, Host Private Key, Drive Private Key or Sequence Key or Sequence Key Set when: 6.3.1 10.3.1 such AACS Key has been cloned such that the same AACS Key is found in more than one device or Licensed Product other than as set forth in the Compliance Rules for products implementing Shared shared Device KeysKey Sets; 6.3.2 10.3.2 such AACS Key or Key Set has been (i) made public, lost, stolen, intercepted or otherwise misdirected, or (ii) extracted or disclosed except to the extent permitted by this Interim Agreement ( in any instance of (i) or (ii), “Exposed”); 6.3.3 10.3.3 AACS LA is directed to Expire such AACS Key or Key Set by the National Security Agency, court order, or other competent government authority; 6.3.4 10.3.4 such AACS Key correlates to a Licensed Component that was reported by Adopter as having been shipped to but not received by an intended authorized recipient pursuant to its Adopter AgreementSection 1.43(v); 6.3.5 10.3.5 such AACS Key correlates to a specific unit instance of a Licensed Product (in the case of unique keys) or to any unit a version or model of a Licensed Product (in the case of Shared Device Keysshared keys) where such unit instance or any unitversion/model, respectivelyas the case may be, has been used for unauthorized extraction, distribution, reproduction or transmission of secret AACS Keys or Title Keys; 6.3.6 such AACS Key is reasonably found by (the “Expiration Criteria”). Without limiting the foregoing, AACS LA shall not Expire AACS Keys (a) based on Adopter’s breach of this Interim Agreement, other than where Adopter has caused any of the circumstances set forth in Sections 10.3.1 through 10.3.5 above; or (b) to be subject to imminently being Exposed on disable products or devices where the basis that it: (A) correlates to a specific unit (in the case of unique keys), or units (in the case of Shared Device Keys) of a Licensed Product that has a confirmed vulnerability (provided that such vulnerability is not the result of a systemic failure security of the AACS Technology or any aspect of the AACS Technology) for which a concrete exploit can be demonstrated in which such an AACS Key can be Exposed and AACS LA reasonably finds that such vulnerability is likely to imminently be so exploited by unauthorized parties to Expose such AACS Key, provided that if the Adopter objects to expiration pursuant to the Key Expiration Procedures (as defined below), then in an arbitration pursuant to the Key Expiration Procedures Expiration shall not be required unless the arbitrator finds, in addition to the foregoing, that the vulnerability is an implementation vulnerability in violation of the Compliance Rules. The finding by the arbitrator on the issue of whether or not an Adopter’s implementation is in breach of the Compliance Rules shall be binding only as to Expiration, and shall not be admissible by such Adopter, AACS LA or any Third Party Beneficiary of the applicable Adopter Agreement in any subsequent litigation concerning other remedies for alleged breaches of the Compliance Rules, or (B) there has been a violation of the requirements of compromised by third parties, other than as described in Sections 10.3.1 andthrough 10.3.5 above.

Other Circumstances Warranting Expiration. AACS LA, at its own initiative initiative, or, except in the case of Sections 6.3.3 10.3.3 or 6.3.610.3.6, at the initiative of any Eligible Adopter Fellow Adopter, or Eligible Content Participant, may Expire a Device Key, a Device Key Set, Host Private Key, Drive Private Key or Sequence Key or Sequence Key Set when: 6.3.1 10.3.1. such AACS Key has been cloned such that the same AACS Key is found in more than one device or Licensed Product other than as set forth in the Compliance Rules for products implementing Shared Device Keys; 6.3.2 10.3.2. such AACS Key or Key Set has been (i) made public, lost, stolen, intercepted or otherwise misdirected, or (ii) extracted or disclosed except to the extent permitted by this Agreement ( (in any instance of (i) or (ii), “Exposed”); 6.3.3 10.3.3. AACS LA is directed to Expire such AACS Key or Key Set by the National Security Agency, court order, or other competent government authority; 6.3.4 10.3.4. such AACS Key correlates to a Licensed Component that was reported by Adopter as Adopxxx xx having been shipped to but not received by an intended authorized recipient pursuant to its Adopter AgreementSection 1.53(v); 6.3.5 10.3.5. such AACS Key correlates to a specific unit of a Licensed Product (in the case of unique keys) or to any unit of a Licensed Product (in the case of Shared Device Keys) where such unit or any unit, respectively, has been used for unauthorized extraction, distribution, reproduction or transmission of secret AACS Keys or Title Keys; 6.3.6 10.3.6. such AACS Key is reasonably found by AACS LA to be subject to imminently being Exposed on the basis that it:: For review only - Not for execution (Ai) correlates to a specific unit (in the case of unique keys), or units (in the case of Shared Device Keys) of a Licensed Product that has a confirmed vulnerability (provided that such vulnerability is not the result of a systemic failure of the AACS Technology or any aspect of the AACS Technology) for which a concrete exploit can be demonstrated in which such an AACS Key can be Exposed Exposed, and AACS LA reasonably finds that such vulnerability is likely to imminently be so exploited by unauthorized parties to Expose such AACS Key, provided that if the Adopter objects to expiration pursuant to the Key Expiration Procedures (as defined below)Section 10.4.5, then in an arbitration pursuant to the Key Expiration Procedures Section 10.5.2 Expiration shall not be required unless the arbitrator finds, in addition to the foregoing, that the vulnerability is an implementation vulnerability in violation of the Compliance Rules. The finding by the arbitrator on the issue of whether or not an Adopter’s implementation is in breach of the Compliance Rules shall be binding only as to Expiration, and shall not be admissible by such Adopter, AACS LA or any Third Party Beneficiary of the applicable Adopter Agreement in any subsequent litigation concerning other remedies for alleged breaches of the Compliance Rules, or (Bii) there has been a violation of the requirements of Sections 6.3.1 and 6.3.2 for handling of AACS Keys, through which violation AACS LA reasonably finds it likely that such AACS Key imminently will be Exposed. Prior to giving the fifteen (15) day notice required under Section 10.4.4 in order to seek Expiration under this section 10.3.6, AACS LA must give Adopter ten (10) days advance notice of its intent to issue such an Expiration notice, setting forth the basis for a good faith belief that the threat of imminent Exposure under the circumstances of (i) or (ii) above exists (“Advance Notice”). During such Advance Notice period, Adopter may provide information in its possession that refutes information in the Advance Notice, which AACS LA shall consider prior to giving actual notice of initiation of the Expiration process. 10.3.7. Adopter consents in writing to a request from AACS LA for Expiration. (the “Expiration Criteria”). Without limiting the foregoing, AACS LA shall not Expire AACS Keys (a) based on Adopter’s breach of this Agreement, other than where Adopter has caused any of the circumstances set forth in Sections 10.3.1 andthrough 10.3.7 above; or (b) to disable products or devices where the security of the AACS Technology has been compromised by third parties, other than as described in Sections 10.3.1. through 10.3.7 above.