Other Content Providers. If at any time during the Term, Licensee enters into a license agreement with any other licensor including, without limitation, all amendments and any side letters thereto, and such agreement (as amended) contains anti-piracy measures that are more robust, protective or favorable to such other content provider than the provisions hereof is to Licensor, then Licensee shall notify Licensor and Licensor shall have the right to incorporate such term(s) into this Schedule as of the date it became effective as to such other content provider.
Other Content Providers. As of the Launch Date and throughout the rest of the Term, Licensee shall, pursuant to executed agreements with two (2) or more other Qualifying Content Providers (other than Sony Pictures Entertainment), distribute such other Qualifying Content Providers’ feature length motion pictures on an output basis in each Territory on the Licensed Service on a UV-enabled DHE basis (including disc-to-digital transactions), including the Extra Content embodied on the DVDs and Blu-ray Discs embodying such motion pictures, and having been sourced in a manner substantially the same as the Included Programs hereunder.
Other Content Providers. In the event that Licensee has entered or during the Term enters into a license agreement, including, without limitation, any amendments and side letters thereto, with any other content provider (collectively, a “Third Party License Agreement”), and such Third Party License Agreement contains any form of guaranteed consideration (collectively “More Favorable Terms”), then Licensee shall promptly notify Licensor in writing and, whether or not such notice is given, Licensor shall have the right to incorporate any and all such More Favorable Term into this Agreement at any time effective as of the date it became effective as to such other content provider. Deprecated rights are not listed and must not be enabled or specified. Only standard definition or lower resolution content is permitted. If Licensee is currently using Windows Media DRM version 9 or 7.1, Licensee shall upgrade to the most recent version available within six months of the availability of a new version of Windows DRM where technically feasible. The rights settings for previous version of MS DRM must use settings consistent with those listed in this schedule. AllowPlay Enabled This right allows the consumer to play protected content on a computer or device Playcount Not set This right specifies the number of times the consumer is allowed to play protected content. By default, this right is not set and unlimited playing is allowed AllowCopy Not enabled This right allows consumers to copy protected content to a device, such as a portable player or portable media, that supports Windows Media DRM 10 for Portable Devices CopyCount 0 This right specifies the number of times the consumer is allowed to copy content using the AllowCopy right. By default, this right is not set, and unlimited copies are allowed. AllowTransferToNonSDMI Not enabled This right allows the consumer to transfer the Windows Media file to a device that supports Portable Device DRM version 1 or Windows Media DRM 10 for Portable Devices. AllowTransferToSDMI Not enabled This right allows the consumer to transfer the Windows Media file to a device that supports Portable Device DRM version 1 or Windows Media DRM 10 for Portable Devices. TransferCount 0 This right specifies the number of times a consumer can transfer a Windows Media file to a device using the AllowTransferToNonSDMI and AllowTransferToSDMI rights AllowBackupRestore Not enabled This right allows the consumer to manage licenses by making backup copies and restoring lice...
Other Content Providers. 39 In the event that Licensee has entered or during the Term enters into a [license agreement],40 including, without limitation, any amendments and side letters thereto, with any [other content provider]41 (collectively, a “Third Party License Agreement”), and such Third Party License Agreement contains any key term (including, without limitation, license fees, guaranteed subscribers, guaranteed buy rates, film categories and products licensed, gross receipts, availability dates, length of license period, rights granted, shelf space and server guarantees, minimum guarantees, licensor’s share or exhibition commitments) more favorable to such other content provider than the corresponding term in this Agreement is to Licensor (collectively “More Favorable Terms”), then Licensee shall promptly notify Licensor in writing and, whether or not such notice is given, Licensor shall have the right to incorporate any and all such More Favorable Term into this Agreement at any time effective as of the date it became effective as to such other content provider.42 [MATCH TERMS. 43 For clarity, with respect to each Included Program for which Licensee matches terms and conditions agreed to by an Other VOD Provider pursuant to this Agreement, the terms and conditions so matched shall be incorporated herein with respect to such Included Program in lieu of the corresponding terms and conditions otherwise set forth herein.]
Other Content Providers. In the event that Licensee has entered or during the Term enters into a [license agreement],33 including, without limitation, any amendments and side letters thereto, with any [other content provider]34 (collectively, a “Third Party License Agreement”), and such Third Party License Agreement contains any key term (including, without limitation, license fees, guaranteed subscribers, guaranteed buy rates, film categories and products licensed, gross receipts, availability dates, length of license period, rights granted, shelf space and server guarantees, minimum guarantees, licensor’s share or exhibition commitments) more favorable to such other content provider than the corresponding term in this Agreement is to Licensor (collectively “More Favorable Terms”), then Licensee shall promptly notify Licensor in writing and, whether or not such notice is given, Licensor shall have the right to incorporate any and all such More Favorable Term into this Agreement at any time effective as of the date it became effective as to such other content provider.35
Other Content Providers. In the event that Licensee has entered or during the Term enters into a license agreement, including all amendments and side letters thereto, with any other content provider containing any material term (including, without limitation, license fees, film categories and products licensed, availability dates, length of license period, rights granted, server guarantees, minimum guarantees, signing bonuses, licensor’s share or exhibition commitments) more favorable to such other content provider than this Agreement is to Licensor (collectively “More Favorable Terms”), Licensor shall have the right to incorporate any and all such More Favorable Terms into this Agreement at any time as of the date it became effective as to such other content provider. [SB: legal discussion internally at Sony] General Content Security & Service Implementation
Other Content Providers. In the event that from and after the date hereof Licensee enters into an output agreement (or a series of agreements that constitutes an output agreement) with another Major Studio for comparable content to that provided by Licensor hereunder that grants such Major Studio most favored nations protection on Financial Key Terms that is more favorable to Licensor than the most favored nations protection afforded to Licensor herein regarding Financial Key Terms, Licensee shall promptly notify Licensor in writing (an “Election Notice”). In such case, Licensor shall have the right to elect to incorporate into this Agreement the most favored nations protection afforded to such other Major Studio with respect to such Financial Key Terms, together with all directly related terms and conditions (“Match Terms”), by delivering written notice to Licensee not later than 30 days after receipt of such Election Notice, with such provision being effective with respect to Current Features whose respective VOD Availability Dates (or, with respect to PPV exhibition, PPV Availability Dates) occur during the period commencing on the date on which such Match Terms became applicable to such Major Studio and ending on the date on which such Match Terms cease to be applicable to such Major Studio (or the end of the Output Term, if earlier). “Financial Key Terms” shall mean any financial consideration (including without limitation, advances, bonuses, computation of license fees and minimum guarantees) except for bona fide marketing expenses (either in the form of (i) reimbursements of cash expenses incurred with unaffiliated entities, or (ii) ad hoc contributions made by Licensee to distributors’ marketing plans, which are outside the scope of the benefits contained in the applicable distribution agreements with Licensee, and which are in the ordinary course of Licensee’s business).“Financial Key Terms” shall mean (i) the revenue share due to Licensor, (ii) the determination of the Deemed Price of an Included Program, and (iii) any guaranteed payment from Licensee to such other Major Studio relating to the Included Program(s). In addition to the foregoing, in the event that, pursuant to an agreement entered into or an extension (other than by means of the exercise of previously granted option to extend) of an agreement existing as of the date hereof, in each case entered into after the date hereof, Licensee affords any other licensor of feature films on a PPV or VOD basis the right t...
Other Content Providers. In the event that from and after the date hereof Licensee enters into an output agreement (or a series of agreements that constitutes an output agreement) with another Major Studio that grants such Major Studio most favored nations protection on Financial Key Terms that is more favorable to Licensor than the most favored nations protection afforded to Licensor herein regarding Financial Key Terms, Licensee shall
Other Content Providers. In the event that from and after the date hereof Licensee enters into an output agreement (or a series of agreements that constitutes an output agreement) with another Qualifying Content Provider for comparable content to that provided by Licensor hereunder that grants such Qualifying Content Provider most favored nations protection on Financial Key Terms that is more favorable to Licensor than the most favored nations protection afforded to Licensor herein regarding Financial Key Terms, Licensee shall promptly notify Licensor in writing (an “Election Notice”). In such case, Licensor shall have the right to elect to incorporate into this Agreement the most favored nations protection afforded to such other Qualifying Content Provider with respect to such Financial Key Terms, together with all directly related terms and conditions (“Match Terms”), by delivering written notice to Licensee not later than 30 days after receipt of such Election Notice, with such provision being effective with respect to Current Features, Additional Feature and Other Features whose respective VOD Availability Dates (or, with respect to PPV exhibition, PPV Availability Dates) occur during the period commencing on the date on which such Match Terms became applicable to such Qualifying Content Provider and ending on the date on which such Match Terms cease to be applicable to such Qualifying Content Provider (or the end of the Output Term, if earlier). “Financial Key Terms” shall mean any financial consideration (including without limitation, advances, bonuses, computation of license fees, revenue share and minimum guarantees) except for bona fide marketing expenses (either in the form of (i) reimbursements of cash expenses incurred with unaffiliated entities, or (ii) ad hoc contributions made by Licensee to distributors’ marketing plans, which are outside the scope of the benefits contained in the applicable distribution agreements with Licensee, and which are in the ordinary course of Licensee’s business). Qualifying Content Provider. In addition to the foregoing, in the event that, pursuant to an agreement entered into or an extension (other than by means of the exercise of previously granted option to extend) of an agreement existing as of the date hereof, in each case entered into after the date hereof, Licensee affords any other licensor of feature films on a PPV or VOD basis the right to per-title guarantees, minimum payments, advances, bonuses or similar consideration (each ...
