Common use of Upscaling Clause in Contracts

Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content). ]Geofiltering Licensee shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering measures (or those of its provider of geofiltering services) and perform upgrades so as to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card or other payment instrument (e.g. mobile phone bill or e-payment system) on file with the Licensed Service, Licensee shall confirm that the payment instrument was set up for a user within the Territory or (B) with respect to any Customer who does not have a credit card or other payment instrument (e.g. mobile phone bill or e-payment system) on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected format using an industry standard protection systems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and Licensee will use commercially reasonable efforts to monitor such access by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content provided by file system [TW: For DLA: please explain this addition] must be securely stored for a period of at least 45 days. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. Content must be returned to Licensor or securely destroyed pursuant to the Agreement, including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose Computer Platforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on General Purpose Computer Platforms will be: HD content for General Purpose Computer Platforms is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) Deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. For purposes of this Schedule C, to “Deploy by Licensee” means that such item is actually made available by Licensee to subscribers in connection with the offering of the Licensed Serviceservices providing audio-visual content [TW: “deploy” should apply to all film/TV services provided by DLA, not just the Licensed Service in this case], but not as a result of a limited promotional or marketing event (e.g., a contest or drawing to win a device, etc.). All implementations of Content Protection Systems on General Purpose Computer Platforms Deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that was registered for service by Licensee on or before 31st December, 2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: Vod & Svod License Agreement

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Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content). ]Geofiltering Licensee shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering measures (or those of its provider of geofiltering services) and perform upgrades so as to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card or other payment instrument (e.g. mobile phone bill xxxx or e-payment system) on file with the Licensed Service, Licensee shall confirm that the payment instrument was set up for a user within the Territory or (B) with respect to any Customer who does not have a credit card or other payment instrument (e.g. mobile phone bill xxxx or e-payment system) on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected format using an industry standard protection systems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and Licensee will use commercially reasonable efforts to monitor such access by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content provided by file system [TW: For DLA: please explain this addition] must be securely stored for a period of at least 45 days. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. Content must be returned to Licensor or securely destroyed pursuant to the Agreement, including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose Computer Platforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on General Purpose Computer Platforms will be: HD content for General Purpose Computer Platforms is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) Deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. For purposes of this Schedule C, to “Deploy by Licensee” means that such item is actually made available by Licensee to subscribers in connection with the offering of the Licensed Serviceservices providing audio-visual content [TW: “deploy” should apply to all film/TV services provided by DLA, not just the Licensed Service in this case], but not as a result of a limited promotional or marketing event (e.g., a contest or drawing to win a device, etc.). All implementations of Content Protection Systems on General Purpose Computer Platforms Deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that was registered for service by Licensee on or before 31st December, 2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: Vod & Svod License Agreement

Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content). ]Geofiltering Licensee The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering measures (or those of its provider of geofiltering services) tactics and perform upgrades so as to the Content Protection System to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card or other payment instrument (e.g. mobile phone bill or e-payment system) on file with the Licensed Service, Licensee shall confirm that the payment instrument was set up for a user within the Territory or (B) with respect to any Customer who does not have a credit card or other payment instrument (e.g. mobile phone bill or e-payment system) on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection systems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and Licensee will use commercially reasonable efforts to monitor such access must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content provided by file system [TW: For DLA: please explain this addition] must be securely stored for a period of at least 45 daysone year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. Content must be returned to Licensor or securely destroyed pursuant to the Agreement, Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose Computer PlatformsComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on General Purpose Computer Platforms the applicable devices will beinclude the following: HD content for General Purpose Computer Platforms is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) Deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. For purposes of this Schedule C, to “Deploy by Licensee” means that such item is actually made available by Licensee to subscribers in connection with the offering of the Licensed Serviceservices providing audio-visual content [TW: “deploy” should apply to all film/TV services provided by DLA, not just the Licensed Service in this case], but not as a result of a limited promotional or marketing event (e.g., a contest or drawing to win a device, etc.). All implementations of Content Protection Systems on General Purpose Computer Platforms Deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that was registered for service by Licensee on or before 31st December, 2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: License Agreement

Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content). ]Geofiltering Licensee shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering measures (or those of its provider of geofiltering services) and perform upgrades so as to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Subscriber Transaction that is designed to limit distribution of Included Programs to Customers Subscribers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer Subscriber who has a credit card or other payment instrument (e.g. mobile phone bill xxxx or e-payment system) on file with the Licensed Service, Licensee shall confirm that the payment instrument was set up for a user within the Territory or (B) with respect to any Customer Subscriber who does not have a credit card or other payment instrument (e.g. mobile phone bill xxxx or e-payment system) on file with the Licensed Service, Licensee will require such Customer Subscriber to enter his or her home address (as part of the Customer Subscriber Transaction) and will only permit the Customer Subscriber Transaction if the address that the Customer Subscriber supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected format using an industry standard protection systems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical or (C) the Subscriber is granted access to servers must be limited and controlled and Licensee will use commercially reasonable efforts to monitor such access by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of Licensor content provided by file system [TW: For DLA: please explain this addition] must be securely stored for a period of at least 45 days. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. Content must be returned to Licensor or securely destroyed pursuant to the Agreement, including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose Computer Platforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on General Purpose Computer Platforms will be: HD content for General Purpose Computer Platforms is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) Deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. For purposes of this Schedule C, to “Deploy by Licensee” means that such item is actually made available by Licensee to subscribers in connection inputting account credentials with the offering of the Licensed Serviceservices providing audio-visual content [TW: “deploy” should apply to all film/TV services provided by DLA, not just the Licensed Service in this case], but not as a result of a limited promotional or marketing event (e.g., a contest or drawing to win a device, etc.). All implementations of Content Protection Systems on General Purpose Computer Platforms Deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that was registered for service by Licensee on or before 31st December, 2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms its cable operator which are not in compliance, Licensee may continue designed to limit reception to Subscribers within the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCPTerritory.

Appears in 1 contract

Samples: Fvod/Svod License Agreement

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Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content). ]Geofiltering Licensee The Content Protection System shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering measures (or those of its provider of geofiltering services) tactics and perform upgrades so as to the Content Protection System to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card or other payment instrument (e.g. mobile phone bill or e-payment system) on file with the Licensed Service, Licensee shall confirm that the payment instrument was set up for a user within the Territory or (B) with respect to any Customer who does not have a credit card or other payment instrument (e.g. mobile phone bill or e-payment system) on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection systems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and Licensee will use commercially reasonable efforts to monitor such access must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content provided by file system [TW: For DLA: please explain this addition] must be securely stored for a period of at least 45 daysone year. Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. Content must be returned to Licensor or securely destroyed pursuant to the Agreement, Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose Computer PlatformsComputerPlatforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on General Purpose Computer Platforms PCs will beinclude the following: HD content for General Purpose Computer Platforms is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) Deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. For purposes of this Schedule C, to “Deploy by Licensee” means that such item is actually made available by Licensee to subscribers in connection with the offering of the Licensed Serviceservices providing audio-visual content [TW: “deploy” should apply to all film/TV services provided by DLA, not just the Licensed Service in this case], but not as a result of a limited promotional or marketing event (e.g., a contest or drawing to win a device, etc.). All implementations of Content Protection Systems on General Purpose Computer Platforms Deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that was registered for service by Licensee on or before 31st December, 2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: Promotional Placement and Advertising Agreement

Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content). ]Geofiltering Licensee shall take affirmative, reasonable measures to restrict access to Licensor’s content to within the territory in which the content has been licensed. Licensee shall periodically review the effectiveness of its geofiltering measures (or those of its provider of geofiltering services) and perform upgrades so as to maintain “state of the art” geofiltering capabilities. This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in connection with each Customer Transaction that is designed to limit distribution of Included Programs to Customers in the Territory, and which consists of (i) for IP-based delivery systems, IP address look-up to check for IP address within the Territory and (ii) either (A) with respect to any Customer who has a credit card or other payment instrument (e.g. mobile phone bill xxxx or e-payment system) on file with the Licensed Service, Licensee shall confirm that the payment instrument was set up for a user within the Territory or (B) with respect to any Customer who does not have a credit card or other payment instrument (e.g. mobile phone bill xxxx or e-payment system) on file with the Licensed Service, Licensee will require such Customer to enter his or her home address (as part of the Customer Transaction) and will only permit the Customer Transaction if the address that the Customer supplies is within the Territory. Network Service Protection Requirements. All licensed content must be received and stored at content processing and storage facilities in a protected and encrypted format using an industry standard protection systems. Document security policies and procedures shall be in place. Documentation of policy enforcement and compliance shall be continuously maintained. Access to content in unprotected format must be limited to authorized personnel and auditable records of actual access shall be maintained. Physical access to servers must be limited and controlled and Licensee will use commercially reasonable efforts to monitor such access must be monitored by a logging system. Auditable records of access, copying, movement, transmission, backups, or modification of content provided by file system [TW: For DLA: please explain this addition] must be securely stored for a period of at least 45 daysone year. [Intentionally omitted] Content servers must be protected from general internet traffic by “state of the art” protection systems including, without limitation, firewalls, virtual private networks, and intrusion detection systems. All systems must be regularly updated to incorporate the latest security patches and upgrades. All facilities which process and store content must be available for Motion Picture Association of America and Licensor audits upon the request of Licensor. Content must be returned to Licensor or securely destroyed pursuant to the Agreement, Agreement at the end of such content’s license period including, without limitation, all electronic and physical copies thereof. High-Definition Restrictions & Requirements In addition to the foregoing requirements, all HD content (and all Stereoscopic 3D content) is subject to the following set of restrictions & requirements: General Purpose Computer Platforms. HD content is expressly prohibited from being delivered to and playable on General Purpose Computer Platforms (e.g. PCs, Tablets, Mobile Phones) unless explicitly approved by Licensor. If approved by Licensor, the additional requirements for HD playback on General Purpose Computer Platforms will be: HD content for General Purpose Computer Platforms is only allowed on the device platforms (operating system, Content Protection System, and device hardware, where appropriate) specified elsewhere in this Agreement. Implementations of Content Protection Systems on General Purpose Computer Platforms shall use hardware-enforced security mechanisms, including secure boot and trusted execution environments, where possible. Implementation of Content Protection Systems on General Purpose Computer Platforms shall, in all cases, use state of the art obfuscation mechanisms for the security sensitive parts of the software implementing the Content Protection System. All General Purpose Computer Platforms (devices) Deployed deployed by Licensee after end December 31st, 2013, SHALL support hardware-enforced security mechanisms, including trusted execution environments and secure boot. For purposes of this Schedule C, to “Deploy by Licensee” means that such item is actually made available by Licensee to subscribers in connection with the offering of the Licensed Serviceservices providing audio-visual content [TW: “deploy” should apply to all film/TV services provided by DLA, not just the Licensed Service in this case], but not as a result of a limited promotional or marketing event (e.g., a contest or drawing to win a device, etc.). All implementations of Content Protection Systems on General Purpose Computer Platforms Deployed deployed by Licensee (e.g. in the form of an application) after end December 31st, 2013, SHALL use hardware-enforced security mechanisms (including trusted execution environments) where supported, and SHALL NOT allow the display of HD content where the General Purpose Computer Platforms on which the implementation resides does not support hardware-enforced security mechanisms. For avoidance of doubt, HD content may only be output in accordance with section “Digital Outputs” above unless stated explicitly otherwise below. If an HDCP connection cannot be established, as required by section “Digital Outputs” above, the playback of Current Films over an output on a General Purpose Computing Platform (either digital or analogue) must be limited to a resolution no greater than Standard Definition (SD). An HDCP connection does not need to be established in order to playback in HD over a DVI output on any General Purpose Computer Platform that was registered for service by Licensee on or before 31st December, 2011. Note that this exception does NOT apply to HDMI outputs on any General Purpose Computing Platform With respect to playback in HD over analog outputs on General Purpose Computer Platforms that were registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analogue outputs on all such General Purpose Computing Platforms or (ii) ensure that the playback of such content over analogue outputs on all such General Purpose Computing Platforms is limited to a resolution no greater than SD. Notwithstanding anything in this Agreement, if Licensee is not in compliance with this Section, then, upon Licensor’s written request, Licensee will temporarily disable the availability of Current Films in HD via the Licensee service within thirty (30) days following Licensee becoming aware of such non-compliance or Licensee’s receipt of written notice of such non-compliance from Licensor until such time as Licensee is in compliance with this section “General Purpose Computing Platforms”; provided that: if Licensee can robustly distinguish between General Purpose Computing Platforms that are in compliance with this section “General Purpose Computing Platforms”, and General Purpose Computing Platforms which are not in compliance, Licensee may continue the availability of Current Films in HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the availability of Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and in the event that Licensee becomes aware of non-compliance with this Section, Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any third party hacks to HDCP.

Appears in 1 contract

Samples: Vod, Svod & Dhe License Agreement

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