Rights for Eligible Content Distributors Sample Clauses

Rights for Eligible Content Distributors. At any time during the term of this Agreement, Content Distributor shall be deemed an “Eligible Content Distributor” and, as such, shall be entitled to the rights set out in Sections 3.3, 3.4, 3.5 and 3.7, if Content Distributor at such time (a) causes or permits distribution or transmission of its Controlled Content in commercial quantities, or via mass distribution channels, including but not limited to terrestrial or satellite or cable transmission, to the general public in a form that would, in the course of reception and decryption up to and including the recording, display or other performance of such Controlled Content, use a host-CICAM interface protected by CI PLUS (“Eligible Content”) and (b) (i) is not wilfully in material breach of any term or condition of this Agreement, and (ii) is not otherwise in material breach of any term or condition of this Agreement, which breach has not been cured, or is not capable of cure, no later than thirty (30) days after Content Distributor’s receipt of notice thereof by CI Plus TA or any Licensee. Notwithstanding the above, only a Qualified Operator or a Qualified Content Provider shall be entitled to seek damages pursuant to the terms of Section 3.4.
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