Common use of Satellite Encryption Clause in Contracts

Satellite Encryption. In accordance with then prevailing commercial practices of broadcasters of Audiovisual Content in the United States, Licensee (and its Affiliates) and Grupo Televisa shall encrypt their respective satellite Broadcasts of Licensed Content in the Territory and outside the Territory respectively, on a conditional access basis (i.e., access to the Broadcast is dependent on the use of receiving equipment which decrypts the Broadcast if, and only if, the user of the equipment is individually and specifically authorized to access the Broadcast by the party permitted to Broadcast such Audiovisual Content). The reception of such an encrypted satellite Broadcast or the unauthorized decryption of such a satellite Broadcast shall not be considered a breach of this Agreement by Licensee (or its Affiliates) or Grupo Televisa, respectively, so long as (A) such parties’ Broadcast is intended for reception only by authorized viewers inside the Territory or outside the Territory, respectively; (B) such unauthorized reception or decryption is unintentional and incidental; and (C) Licensee (and its Affiliates) or Grupo Televisa, as applicable, does not market the availability of such reception or decryption to persons located outside of its authorized territory.

Satellite Encryption. In accordance with then prevailing commercial practices of broadcasters of Audiovisual Content in the United States, Licensee (and its Affiliates) and Grupo Televisa Univision Group shall encrypt their respective satellite Broadcasts of Licensed Content in the Territory and outside the Territory respectively, on a conditional access basis (i.e., access to the Broadcast is dependent on the use of receiving equipment which decrypts the Broadcast if, and only if, the user of the equipment is individually and specifically authorized to access the Broadcast by the party permitted to Broadcast such Audiovisual Content). The reception of such an encrypted satellite Broadcast or the unauthorized decryption of such a satellite Broadcast shall not be considered a breach of this Agreement by Licensee (or its Affiliates) or Grupo TelevisaUnivision Group, respectively, so long as (A) such parties’ Broadcast is intended for reception only by authorized viewers inside the Territory or outside the Territory, respectively; (B) such unauthorized reception or decryption is unintentional and incidental; and (C) Licensee (and its Affiliates) or Grupo TelevisaUnivision Group, as applicable, does not market the availability of such reception or decryption to persons located outside of its authorized territory.