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.
Appears in 1 contract
Samples: The Distribution Agreement
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 Test License Agreement, only to the extent that: (1) RoxioNow is solely responsible for, and in control of, all ODRLVOD-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 Test License Agreement are not disclosed to the Sixth Mirror Service, except as may be required in connection with the fulfillment by RoxioNow 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 VOD rights at any time and if there is an execution of such direct agreement between CDD and Asus, 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 HPupon execution of such direct agreement between CDD and HP, this Amendment will automatically terminate with respect to the Distribution AgreementSixth Mirror Service Test License Agreement 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 HPtermination; and (5) all ODRL VOD audio-visual content on the non-Sixth Mirror Service portion of the Service is also available on the Sixth Mirror Service.
Appears in 1 contract
Samples: The Distribution Agreement
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 Test License Agreement, only to the extent that: (1) RoxioNow is solely responsible for, and in control of, all ODRLVOD-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 Test License 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 VOD rights at any time and if there is an execution of such direct agreement between CDD and Asus, this Amendment will automatically terminate with respect to the Sixth Mirror Service upon RoxioNow’s subsequent receipt of written notice from CDD that CDD has executed a direct agreement with HPupon execution of such direct agreement between CDD and HP, this Amendment will automatically terminate with respect to the Distribution AgreementSixth Mirror Service Test License Agreement 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 HPtermination; and (5) all ODRL VOD audio-visual content on the non-Sixth Mirror Service portion of the Service is also available on the Sixth Mirror Service.
Appears in 1 contract
Samples: The Distribution Agreement
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 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 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.
Appears in 1 contract
Samples: The Distribution Agreement