Common use of TECHNICAL CREDITS Clause in Contracts

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one additional copy of a DHE Included Program or one additional decryption key may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with Licensee’s terms of service. Additional Technical Credits shall be allowed solely in the event there is no contradicted evidence or behavior suggesting that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below. 7.1 For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE Usage Rules do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included Programs. 7.3 Further, Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests fraudulent Technical Credit activity on the part of a consumer.

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one additional copy of a DHE Included Program or one additional decryption key may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with Licensee’s terms of service. Additional Technical Credits shall be allowed solely in the event there that such DHE Customer represents, and such representation is no not contradicted by evidence or behavior suggesting behavior, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below. 7.1 For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE Usage Rules do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included ProgramsPrograms and with respect to the programs and revenue of the DHE Service as a whole. 7.3 Further, Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent whenever Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests suggest fraudulent Technical Credit activity on the part of a consumer.

TECHNICAL CREDITS. 8.1 Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one One (1) additional copy of a DHE Included Program or one (1) additional decryption key Playback License may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key Playback License for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with on Licensee’s terms of servicecustomer service number or technical help website. Additional Technical Credits shall be allowed solely in the event there that such DHE Customer represents, and such representation is no not contradicted by evidence or behavior suggesting behavior, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Licensed Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Licensed Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals License Fees (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below. 7.1 8.2 For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE with Usage Rules that do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 8.3 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included ProgramsPrograms and with respect to the programs and revenue of the Licensed Service as a whole. 7.3 Further, 8.4 Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent whenever Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests suggest fraudulent Technical Credit activity on the part of a consumerDHE Customer.

TECHNICAL CREDITS. 5.1 Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one One (1) additional copy of a DHE Included Program or one (1) additional decryption key Playback License may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key Playback License for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with on Licensee’s terms of servicecustomer service number or technical help website. Additional Technical Credits shall be allowed solely in the event there that such Customer represents, and such representation is no not contradicted by evidence or behavior suggesting behavior, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Licensed Service pursuant to Articles 6 and 18 19 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Licensed Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 6.1.1 below. 7.1 5.2 For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE whose Usage Rules do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 5.3 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included ProgramsPrograms and with respect to the programs and revenue of the DHE Service as a whole. 7.3 Further, 5.4 Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent whenever Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests suggest fraudulent Technical Credit activity on the part of a consumerCustomer.

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one additional copy of a DHE Included Program or one additional decryption key may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with Licensee’s terms of service. Additional Technical Credits shall be allowed solely in the event there that such DHE Customer represents, and such representation is no not contradicted by evidence or behavior suggesting behavior, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below. 7.1 For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE Usage Rules do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included ProgramsPrograms and with respect to the programs and revenue of the DHE Service as a whole. 7.3 Further, Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests suggest fraudulent Technical Credit activity on the part of a consumer.

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one additional copy of a DHE Included Program or one additional decryption key may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with Licensee’s terms of service. Additional Technical Credits shall be allowed solely in the event there that such DHE Customer represents, and such representation is no not contradicted by evidence or behavior suggesting behavior, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals License Fees (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below. 7.1 . For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats file formats and copy protection systems for which DHE Usage Rules do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 . Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included Programs. 7.3 Further, Programs and with respect to the programs and revenue of the DHE Service as a whole. Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent whenever Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests suggest fraudulent Technical Credit activity on the part of a consumer.

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one additional copy of a DHE Included Program or and/or one additional decryption key may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with Licensee’s terms of service, it being understood that in such cases where the original copy and/or decryption key for a DHE Included Program was not fully delivered to such Customer and the Licensee’s technical system supporting the DHE Service confirms such non- delivery, Licensee’s delivering subsequent copies and/or decryption keys to such Customer shall not constitute Technical Credits. Additional Technical Credits shall be allowed solely in the event there that such DHE Customer represents, and such representation is no not contradicted by evidence or behavior suggesting demonstrably available to Licensee, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 8.1.2 below. 7.1 For the avoidance of doubt, such Technical Credits shall not apply only to Approved Formats for in circumstances in which DHE Usage Rules do not permit the DHE Customer to maintain has maintained multiple or moveable personal copies of the DHE Included Programs. 7.2 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included ProgramsPrograms and with respect to the programs and revenue of the DHE Service as a whole. 7.3 FurtherOn a quarterly basis, Licensee shall actively monitor and report advise Licensor as to Licensor wherever the aggregate level of customer fraudulent activity (if any) suspected by Licensee (a) has actual knowledge of fraudulent Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests fraudulent Technical Credit activity on the part of a consumer.

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one One (1) additional copy of a DHE Included Program or one (1) additional decryption key Playback License may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key Playback License for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with on Licensee’s terms of servicecustomer service number or technical help website. Additional Technical Credits shall be allowed solely in the event there that such DHE Customer represents, and such representation is no not contradicted by evidence or behavior suggesting behavior, that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Licensed Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Licensed Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals License Fees (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 9.2 below. 7.1 . For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE with Usage Rules that do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs. 7.2 . Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included Programs. 7.3 Further, Programs and with respect to the programs and revenue of the Licensed Service as a whole. Licensee shall actively monitor and report to Licensor wherever Licensee (a) has actual knowledge of fraudulent whenever Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeated Technical Requests or other evidence which suggests suggest fraudulent Technical Credit activity on the part of a consumerDHE Customer.