Sixth Mirror Service i. Notwithstanding anything to the contrary herein, the Sixth Mirror Service shall be deemed to be part of the Service for the purposes of the Distribution Agreement, only to the extent that: (1) RoxioNow is solely responsible for, and in control of, all ODRL-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Fifth Sixth Mirror Service, except that HP may provide billing and customer service activities; (2) the Sixth Mirror Service continues to contain RoxioNow branding; (3) RoxioNow ensures that financial, commercial, and legal terms of the Distribution Agreement are not disclosed to the Sixth Mirror Service, except as may be required in connection with the fulfillment by RoxioNow of contractual obligations with respect to the Sixth Mirror Service (4) nothing contained herein shall prevent CDD from entering into a direct relationship with HP with respect to the ODRL rights at any time and if there is an upon execution of such direct agreement between CDD and HP, this Amendment will automatically terminate with respect to the Distribution AgreementSixth Mirror Service with no further action necessary to effectuate such terminationupon RoxioNow’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with HP; and (5) all ODRL audio-visual content on the non-Sixth Mirror Service portion of the Service is also available on the Sixth Mirror Service.
Sixth Mirror Service. Notwithstanding anything to the contrary herein, the Sixth Mirror Service shall be deemed to be part of the Service for the purposes of the Distribution Agreement, only to the extent that: (1) RoxioNow is solely responsible for, and in control of, all ODRL-based commerce (including without limitation, web services, XML feeds and other back-end functionality) on such Sixth Mirror Service, except that HP may provide billing and customer service activities; (2) the Sixth Mirror Service continues to contain RoxioNow branding; (3) RoxioNow ensures that financial, commercial, and legal terms of the Distribution Agreement are not disclosed to the Sixth Mirror Service, except as may be required in connection with the fulfillment by XxxxxXxx of contractual obligations with respect to the Sixth Mirror Service (4) nothing contained herein shall prevent CDD from entering into a direct relationship with HP with respect to the ODRL rights at any time and if there is an execution of such direct agreement between CDD and HP, this Amendment will automatically terminate with respect to the Sixth Mirror Service upon XxxxxXxx’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with HP; and (5) all ODRL audio-visual content on the non-Sixth Mirror Service portion of the Service is also available on the Sixth Mirror Service. CDD may enter, at its discretion, into direct conversations with HP regarding any marketing and/or promotional activities that CDD offers RoxioNow and other ODRL distributors in the Territory and which CDD wants to offer to HP for the Sixth Mirror Service. RoxioNow shall pay CDD for all Included Programs distributed via the Sixth Mirror Service in the same amount and manner as provided for in the Distribution Agreement, provided, however, that neither RoxioNow nor HP shall pay any additional minimum guarantees, advance payments or similar payments to CDD. The rights granted to XxxxxXxx hereunder shall be coterminous with those granted to RoxioNow pursuant to the Distribution Agreement and for the same Territory set forth in the Distribution Agreement. The following language shall be added as a new sixth sentence to Section 16.4 of the Distribution Agreement: “The use and distribution of Included Programs in connection with the Sixth Mirror Service shall be only as specifically allowed by this Agreement and RoxioNow shall ensure that any and all Sixth Mirror Service-related use and distribution of Included Programs is in ...
