Common use of Restrictions on License Clause in Contracts

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth herein; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 2 contracts

Samples: Vod & Dhe License Agreement, Vod & Dhe License Agreement

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Restrictions on License. 2.1 Licensee Comcast agrees that it is of the essence of this Agreement that, without the specific written consent of LicensorStudio, or except as otherwise set forth herein: herein (including Section 4.2): (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part, nor may any Included Program be sub-distributed in any way; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinin this Agreement; and (dc) no person or entity shall be authorized or permitted by Licensee Comcast to do any of the acts forbidden herein; (e) Licensee . Comcast shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Licensee shall immediately notify Licensor Studio of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 Licensee ; provided, however, that Comcast’s inadvertent failure to do so shall not be considered a breach hereunder provided that such unauthorized transmission or exhibition is de minimus or otherwise immaterial in nature. No Included Program shall be fully responsible transmitted or exhibited by Comcast (and Comcast shall cause each of the Systems not to so transmit or exhibit) except in accordance with the terms and conditions of this Agreement. Comcast shall not authorize (and shall cause the Systems to not authorize) the transmission of any Included Program other than for customer support Personal Use. Midcontinent Communications. Subject to Comcast then holding an ownership interest in, and maintenance managing the programming of, Midcontinent Communications, the parties acknowledge and agree that, only at such time that Midcontinent Communications has elected to distribute Included Programs on a DHE basis, Midcontinent Communications shall be covered by the terms and conditions of this Agreement and shall have all the rights, and shall be subject to all the obligations, of Comcast hereunder; provided, however, that the websites, applications and/or other services utilized by Midcontinent Communications for the distribution of Included Programs distributed shall be branded by Licensee during the Term and thereafterMidcontinent Communications (e.g., including replacing files and associated license entitlements“Midcomm” or “Midco”). Comcast shall be responsible for any breach of this Agreement committed by Midcontinent Communications as if such breach was committed by Comcast hereunder.

Appears in 2 contracts

Samples: Digital Home Entertainment License Agreement, Digital Home Entertainment License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinat Section 2.1 of the General Terms; (dc) no person or entity shall be authorized or permitted via an Approved System by Licensee to do any of the acts forbidden herein; and (ed) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definitionHigh Definition, up-converted or analogous format or in a low resolution, down-converted format; . Licensee shall not advertise or represent the exhibition of the Included Programs as “high definition.” Licensor reserves the right to conduct an initial inspection of and approve the picture quality and user experience of the Licensed Service within sixty (f60) neither days of the DHE Service nor Effective Date. Thereafter, when Licensee makes any modification that results in a material adverse change to the VOD Service picture quality and user experience of the Licensed Service, Licensee shall be co-brandedso notify Licensor, sublicensed or sub-distributed and (g) Licensor shall have the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until right to inspect and approve such time as otherwise agreed in writing between the partiesmodified picture quality and user experience. 2.2 Licensee shall immediately promptly notify Licensor of any unauthorized transmissions or exhibitions of any Included Program available on the Licensed Service of which it becomes aware. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 2 contracts

Samples: Dhe License Agreement, Dhe License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth herein; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Licensed Service shall not be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: Vod, Svod & Dhe License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth herein; (dc) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; (ed) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (fe) neither the DHE Service nor the VOD Licensed Service shall not be co-branded, sublicensed or sub-distributed distributed, without advance notice by Licensee [Note to Fox: We would like to discuss your plans to subdistribute or co-brand the Licensed Service and we will consider on a case by case basis]Licensor’s prior written approval (to be granted or denied in its sole discretion) and (gf) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 . Licensee shall immediately notify Licensor as soon as reasonably practicable of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 . Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlementsLicensed Service.

Appears in 1 contract

Samples: Fvod/Svod License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no FVOD Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinat Section 2.1 of the FVOD General Terms; (dc) no person or entity shall be authorized or permitted via an Approved System by Licensee to do any of the acts forbidden herein; and (ed) Licensee shall not have the right to transmit, exhibit or deliver the FVOD Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; . Licensee shall not advertise or represent the exhibition of the FVOD Included Programs as “high definition.” Licensor reserves the right to conduct an initial inspection of and approve the picture quality and user experience of the FVOD Service within sixty (f60) neither days of the DHE Service nor Effective Date. Thereafter, when Licensee makes any modification that results in a material adverse change to the VOD Service picture quality and user experience of the FVOD Service, Licensee shall be co-brandedso notify Licensor, sublicensed or sub-distributed and (g) Licensor shall have the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until right to inspect and approve such time as otherwise agreed in writing between the partiesmodified picture quality and user experience. 2.2 Licensee shall immediately promptly notify Licensor of any unauthorized transmissions or exhibitions of any FVOD Included Program available on the FVOD Service of which it becomes aware. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: Vod Fvod License Agreement

Restrictions on License. 2.1 Licensee Comcast agrees that it is of the essence of this Agreement that, without the specific written consent of LicensorStudio, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part, nor may any Included Program be sub- distributed in any way; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinin this Section 4; and (dc) no person or entity shall be authorized or permitted by Licensee Comcast to do any of the acts forbidden herein; (e) Licensee . Comcast shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Licensee shall immediately promptly notify Licensor Studio of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 Licensee ; provided, however, that Comcast’s inadvertent failure to do so shall not be considered a breach hereunder provided that such unauthorized transmission or exhibition is de minimus or otherwise immaterial in nature. No Included Program shall be fully responsible for customer support transmitted or exhibited by Comcast (and maintenance Comcast shall cause each of the Systems not to so transmit or exhibit) except in accordance with the terms and conditions of this Agreement. Without limiting the generality of the foregoing, no Included Programs distributed Program shall be exhibited or transmitted by Licensee Comcast (and Comcast shall cause each of the Systems not to so transmit or exhibit) to any person other than to a Customer within the Territory during the Term as part of the Licensed Service in the medium of DHE, or transmitted other than by an Approved Transmission Means to Approved Devices for Personal Use. Comcast shall not authorize (and thereafter, including replacing files and associated license entitlementsshall cause the Systems to not authorize) the transmission of any Included Program other than for Personal Use.

Appears in 1 contract

Samples: Digital Home Entertainment License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, (except as provided in Section 17 of this Schedule A), licensed or sublicensed in whole or in part; (b) no Licensee will not knowingly provide any Included Program may to be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinat Section 2.1 of the Principal Terms; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; and (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definitionresolution , up-converted or analogous format or in a low resolution, down-converted format; . Licensor reserves the right to inspect and approve in good faith the picture quality and user experience of the Licensed Services pursuant to any re-launch or material change to the user experience of the Licensed Services that affects picture quality. Until such time (fif any) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn as Licensor grants to Licensee rights to High Definition versions of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Programs, Licensee shall immediately not describe any of the Included Programs to Customers or potential Customers as being in high definition or of high definition quality. No Included Program shall be transmitted or exhibited by Licensee (and Licensee shall cause each of the Approved Systems and Licensed Services not to so transmit or exhibit) except in accordance with the terms and conditions of this Agreement. Licensee shall immediatelypromptly notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: PPV/Vod License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinat Section 2.1 of the VOD General Terms; (dc) no person or entity shall be authorized or permitted via an Approved System by Licensee to do any of the acts forbidden herein; and (ed) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither . Licensee shall not advertise or represent the DHE Service nor exhibition of the Included Programs as “high definition.” Licensor reserves the right to conduct an initial inspection of and approve the picture quality and user experience of the VOD Service within sixty (60) days of the Effective Date. Thereafter, when Licensee makes any modification that results in a material adverse change to the picture quality and user experience of the VOD Service, Licensee shall be co-brandedso notify Licensor, sublicensed or sub-distributed and (g) Licensor shall have the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until right to inspect and approve such time as otherwise agreed in writing between the partiesmodified picture quality and user experience. 2.2 Licensee shall immediately promptly notify Licensor of any unauthorized transmissions or exhibitions of any Included Program available on the VOD Service of which it becomes aware. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: Vod License Agreement

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Restrictions on License. 2.1 2.3.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal UseSubscriber; (c) no Included Program may be delivered, transmitted or exhibited (i) by any means other than as expressly set forth hereinpart of the Licensed Service, (ii) using a delivery system other than Authorized STB Delivery or Authorized Online Delivery Means, (iii) other than on a Video-On-Demand or Pay-Per-View basis to Approved Set-Top Boxes in Private Residences or on a Video-On-Demand basis to Approved Online Devices for Personal Use, (iv) outside of the Territory, (v) outside its Viewing Period or (vi) outside its License Period; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; and (e) Licensee shall not have the right to transmit, exhibit transmit or deliver the Included Programs in a high definition, up-converted or analogous format (except as expressly set forth herein with respect to High Definition Included Programs and 3D Included Programs) or in a low resolution, down-converted format; converted, transcoded or analogous format or via Electronic Downloading, via separate physical and/or embedded media or Internet delivery (fexcept as expressly set forth herein with respect to the Online Service) neither or to permit the DHE Service nor the VOD Service shall be co-branded, sublicensed storage or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any an Included Program (other than as expressly permitted hereinwhether on a personal video recorder or otherwise) until such time as otherwise agreed or with respect to VOD transactions, with VCR Functionality. Licensor reserves the right to inspect the picture quality of the Licensed Service and to suspend delivery of the Included Programs if, in writing between Licensor’s sole discretion, the parties. 2.2 picture quality of the Licensed Service is unacceptable. Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 2.3.2 The foregoing license shall not permit and the Licensed Service shall not (as it relates to Included Programs) include (i) operating on a negative option basis (i.e., a fee arrangement whereby a consumer is charged alone, or in any combination, a service charge, a separate video-on-demand charge or other charge but is entitled to a reduction or series of reductions thereto on a program-by program basis if such consumer affirmatively elects not to receive or have available for reception such program) or operating on a subscription basis (including, without limitation, so-called “subscription video-on-demand”) or the charge of any monthly service fee for the privilege of receiving the Licensed Service (distinguished from fees payable for the right to receive Licensee’s monthly subscription Basic Television service or digital cable services offered by Licensee, provided that any such digital cable service is the part of the lowest tier available to Subscribers for access to Licensee’s digital cable services) or the charge of any “access”, periodic, “subscription” or “club” fee; or (ii) the offering of free buys, including without limitation “two-for-one” promotions (by coupons, rebate or otherwise), except as provided by Section 8.3, without Licensor’s prior written consent, provided reasonable discounts are permitted as long as each Included Program included therein counts as a Subscriber Transaction. Licensee represents and warrants that no amount other than the Actual Retail Price (as defined in Section 8.1.2) for an Included Program shall be fully responsible for customer support and maintenance of Included Programs distributed payable, directly or indirectly, by Licensee during Subscribers to access the Term and thereafter, including replacing files and associated license entitlementsLicensed Service.

Appears in 1 contract

Samples: License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth herein; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Licensed Service shall not be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 . Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 . Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: Vod, Svod & Dhe License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific prior written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program Licensed Film may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) Customer, and no Included Program Licensed Film may be delivered, transmitted or exhibited by any means other than as expressly set forth hereinpart of the Service; (c) no Licensed Film may be delivered, transmitted or exhibited outside of the Territory; (d) no copies may be made of any Licensed Film by Licensee; (e) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; and (ef) Licensee shall not have the right to transmit, exhibit transmit or deliver the Included Programs Licensed Films via Interactive Media, by means of high definition or digital television or analogous systems (subject to Section 9.7 hereof), in a high definition, an up-converted or analogous format or in a low resolution, down-converted or analogous format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storagein Public Areas, recording Transient Dwelling Units, or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Commercial Establishments. Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program Licensed Film of which it becomes aware. Licensor shall have the right to terminate this Agreement upon written notice to Licensee if in Licensor’s sole discretion and good faith judgment the quantity, frequency or method of unauthorized transmissions or exhibitions may result in actual or threatened harm to Licensor. 2.3 Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: Hotel Motion Picture Vod License Agreement

Restrictions on License. 2.1 Licensee Comcast agrees that it is of the essence of this Agreement that, without the specific written consent of LicensorStudio, or except as otherwise set forth herein: herein (including Section 4.2): (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part, nor may any Included Program be sub-distributed in any way; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth hereinin this Agreement; and (dc) no person or entity shall be authorized or permitted by Licensee Comcast to do any of the acts forbidden herein; (e) Licensee . Comcast shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 Licensee shall immediately notify Licensor Studio of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 Licensee ; provided, however, that Comcast’s inadvertent failure to do so shall not be considered a breach hereunder provided that such unauthorized transmission or exhibition is de minimus or otherwise immaterial in nature. No Included Program shall be fully responsible transmitted or exhibited by Comcast (and Comcast shall cause each of the Systems not to so transmit or exhibit) except in accordance with the terms and conditions of this Agreement. Comcast shall not authorize (and shall cause the Systems to not authorize) the transmission of any Included Program other than for customer support Personal Use. Midcontinent Communications. Subject to Comcast then holding an ownership interest in, and maintenance managing the programming of, Midcontinent Communications, the parties acknowledge and agree that, only at such time that Midcontinent Communications has elected to distribute Included Programs on a DHE basis, Midcontinent Communications shall be covered by the terms and conditions of this Agreement and shall have all the rights, and shall be subject to all the obligations, of Comcast hereunder; provided, however, that the websites, applications and/or other services utilized by Midcontinent Communications for the distribution of Included Programs distributed shall be branded by Licensee during the Term and thereafterMidcontinent Communications (e.g., including replacing files and associated license entitlements“Midcomm” or “Midco”).

Appears in 1 contract

Samples: Digital Home Entertainment License Agreement

Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth herein; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties. 2.2 . Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. 2.3 . Licensee shall be fully responsible for customer support and maintenance of Included Programs distributed by Licensee during the Term and thereafter, including replacing files and associated license entitlements.

Appears in 1 contract

Samples: Promotional Placement and Advertising Agreement

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