Common use of Output Protection Clause in Contracts

Output Protection. For playback of Qualifying Movies in HD over an output on a Permitted Device, an HDCP connection must be established; provided that if an HDCP connection cannot be established, the playback of Qualifying Movies over an output on a Permitted Device must be limited to a resolution no greater than SD. Notwithstanding the foregoing, an HDCP connection does not need to be established in order to playback Qualifying Movies in HD over a DVI output on any Permitted Device that is a personal computer manufactured on or before the later of: (i) 12/31/2011 and (ii) the DVI output sunset date established by the AACS LA. In addition, with respect to the playback of Qualifying Movies in HD over analog outputs on Permitted Devices that are manufactured after 12/31/2011, Apple shall either (i) prohibit the playback of such HD content over analog outputs on all such Permitted Devices or (ii) ensure that the playback of such content over analog outputs on all such Permitted Devices is limited to a resolution no greater than SD. Notwithstanding anything in the Agreement, if Apple is not in compliance with this Section, then, upon CDD’s written request, Apple will temporarily disable the availability of Qualifying Movies in HD via the Online Store within thirty (30) days following Apple becoming aware of such non-compliance or Apple’s receipt of written notice of such non-compliance from CDD until such time as Apple is in compliance with this Section; provided that (i) if Apple is not in compliance with this Section solely in relation to non-Apple-branded Permitted Devices, then Apple may only disable the availability of Qualifying Movies in HD via the Online Store for such Permitted Devices and (ii) if the basis for non-compliance under this Section is a third party hack to HDCP, CDD may only require Apple to temporarily disable the availability of Qualifying Movies in HD via the Online Store if CDD requires all other DHE Providers that are distributing such titles in HD on a DHE basis to suspend such distribution. In the event that Apple becomes aware of non-compliance with this Section, Apple shall promptly notify CDD thereof; provided that Apple shall not be required to provide CDD notice of any third party hacks to HDCP. The foregoing shall constitute Apple’s sole obligation and CDD’s sole remedy from Apple in the event that Apple is not in compliance with this Section.

Output Protection. For playback of Qualifying Movies in HD over an output on a Permitted Device, an HDCP connection must be established; provided that if an HDCP connection cannot be established, the playback of Qualifying Movies over an output on a Permitted Device must be limited to a resolution no greater than SD. Notwithstanding the foregoing, an HDCP connection does not need to be established in order to playback Qualifying Movies in HD over a DVI output on any Permitted Device that is a personal computer manufactured on or before the later of: (i) 12/31/2011 and (ii) the DVI output sunset date established by the AACS LA. In addition, with respect to the playback of Qualifying Movies in HD over analog outputs on Permitted Devices that are manufactured after 12/31/2011, Apple shall either (i) prohibit the playback of such HD content over analog outputs on all such Permitted Devices or (ii) ensure that the playback of such content over analog outputs on all such Permitted Devices is limited to a resolution no greater than SD. Notwithstanding anything in the DHE Agreement, if Apple is not in compliance with this Section, then, upon CDD’s written request, Apple will temporarily disable the availability of Qualifying Movies in HD via the Online Store within thirty (30) days following Apple becoming aware of such non-compliance or Apple’s receipt of written notice of such non-compliance from CDD until such time as Apple is in compliance with this Section; provided that (i) if Apple is not in compliance with this Section solely in relation to non-Apple-branded Permitted Devices, then Apple may only disable the availability of Qualifying Movies in HD via the Online Store for such Permitted Devices and (ii) if the basis for non-compliance under this Section is a third party hack to HDCP, CDD may only require Apple to temporarily disable the availability of Qualifying Movies in HD via the Online Store if CDD requires all other DHE Providers that are distributing such titles in HD on a DHE basis to suspend such distribution. In the event that Apple becomes aware of non-compliance with this Section, Apple shall promptly notify CDD thereof; provided that Apple shall not be required to provide CDD notice of any third party hacks to HDCP. The foregoing shall constitute Apple’s sole obligation and CDD’s sole remedy from Apple in the event that Apple is not in compliance with this Section.

Output Protection. For playback of Qualifying Movies in HD over an output on a Permitted Device, an HDCP connection must be established; provided that if an HDCP connection cannot be established, the playback of Qualifying Movies over an output on a Permitted Device must be limited to a resolution no greater than SD. Notwithstanding the foregoing, an HDCP connection does not need to be established in order to playback Qualifying Movies in HD over a DVI output on any Permitted Device that is a personal computer manufactured on or before the later of: (i) 12/31/2011 and (ii) the DVI output sunset date established by the AACS LA. In addition, with respect to the playback of Qualifying Movies in HD over analog outputs on Permitted Devices that are manufactured after 12/31/2011, Apple ITUNES shall either (i) prohibit the playback of such HD content over analog outputs on all such Permitted Devices or (ii) ensure that the playback of such content over analog outputs on all such Permitted Devices is limited to a resolution no greater than SD. Notwithstanding anything in the DHE Agreement, if Apple ITUNES is not in compliance with this Section, then, upon CDDSPHE’s written request, Apple ITUNES will temporarily disable the availability of Qualifying Movies in HD via the Online Store within thirty (30) days following Apple ITUNES becoming aware of such non-compliance or Apple’s ITUNES’ receipt of written notice of such non-compliance from CDD SPHE until such time as Apple ITUNES is in compliance with this Section; provided that (i) if Apple ITUNES is not in compliance with this Section solely in relation to non-Apple-branded Permitted Devices, then Apple ITUNES may only disable the availability of Qualifying Movies in HD via the Online Store for such Permitted Devices and (ii) if the basis for non-compliance under this Section is a third party hack to HDCP, CDD SPHE may only require Apple ITUNES to temporarily disable the availability of Qualifying Movies in HD via the Online Store if CDD SPHE requires all other DHE Providers that are distributing such titles in HD on a DHE basis to suspend such distribution. In the event that Apple ITUNES becomes aware of non-compliance with this Section, Apple ITUNES shall promptly notify CDD SPHE thereof; provided that Apple ITUNES shall not be required to provide CDD SPHE notice of any third party hacks to HDCP. The foregoing shall constitute Apple’s ITUNES’ sole obligation and CDDSPHE’s sole remedy from Apple ITUNES in the event that Apple ITUNES is not in compliance with this Section.