Defensive Suspension. If Executing Entity or its Affiliate (i) initiates or becomes an adverse party to a legal action against AACS LA for patent infringement involving a Necessary Claim or Relatively Necessary Claim or infringement of copyrights or trade secrets of Executing Entity or its Affiliate contained in the Specifications, or (ii) breaches Section 2.4.6, AACS LA, at AACS LA’s option, may suspend the foregoing license with respect to Executing Entity and its Affiliates.
Defensive Suspension. If Executing Entity or any of its Affiliates (whether identified on an election pursuant to Section 11.9 or not) (i) initiates or becomes an adverse party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Product, Licensed Product, Evaluation Licensed Component, Licensed Component, Robust Inactive Product, Licensed Production/Test Tool, Evaluation AACS Online Service or AACS Online Service, based on a Necessary Claim or a Relatively Necessary Claim of Executing Entity or its Affiliate or (ii) breaches Section 2.4.6, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their licenses under this Section 2.2.1 with respect to Executing Entity and its Affiliates, provided that if such cause of action relates to a Relatively Necessary Claim, such Licensor and its Affiliates must first indicate in writing their willingness to license their Relatively Necessary Claims to Executing Entity and its Affiliates under reasonable and non- discriminatory license terms for any Evaluation Licensed Content Product, Licensed Content Product, Evaluation AACS Online Service, or Licensed Production/Test Tool made, have made, used, offered for sale, sold or imported by Executing Entity or its Affiliates in a manner consistent with this Agreement at or prior to the time of the legal action.
Defensive Suspension. If a Fellow Content Provider or Content Participant (for the avoidance of doubt, including any Affiliate included therein) initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product, Evaluation AACS Online Service, Licensed Production/Test Tools or Licensed Product based on a Necessary Claim of such Fellow Content Provider or Content Participant, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such Fellow Content Provider or Content Participant, as applicable. If a have made party directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such entity, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such have made party.
Defensive Suspension. Any licensor shall have the right to suspend any Reciprocal License granted by that licensor to any other Licensee (“Plaintiff”) in the case that the Plaintiff initiates any lawsuit or other legal proceeding against the licensor alleging patent infringement within the Scope.
Defensive Suspension. If Adopter or any of its Affiliates (whether identified pursuant to Section 11.11 or not) (i) initiates or becomes an adverse party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation Managed Copy Service or Managed Copy Service based on a Necessary Claim or a Relatively Necessary Claim of such Adopter or its Affiliate or (ii) breaches Section 2.6.5, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their licenses under this Section 2.2 with respect to Adopter and its Affiliates, provided that if such cause of action relates to a Relatively Necessary Claim, such Licensor and its Affiliates must first indicate in writing their willingness to license their Relatively Necessary Claims to Adopter and its Affiliates under reasonable and non-discriminatory license terms for any Licensed Components or Licensed Products or Robust Inactive Products distributed by such Adopter or its Affiliates at or prior to the time of the legal action.
Defensive Suspension. If Adopter or its Affiliate (i) initiates or becomes an adverse party to a legal action against AACS LA for patent infringement involving a Necessary Claim or Relatively Necessary Claim or infringement of copyrights or trade secrets of Adopter or its Affiliate contained in the Specifications or (ii) breaches Section 2.6.5, AACS LA, at AACS LA’s option, may suspend the foregoing license with respect to such Adopter and its Affiliates.
Defensive Suspension. If an Adopter (for the avoidance of doubt, including any Affiliate included therein) initiates or becomes an adverse party to a legal action against Executing Entity (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Content Product or Licensed Content Product, or Evaluation AACS Online Service or Licensed Production/Test Tool (or, if Content Participant is also an Adopter, an Evaluation Licensed Product, Licensed Product, Evaluation Licensed Component, Licensed Component, or Robust Inactive Product) based on a Necessary Claim of such Adopter, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.1 with respect to such Adopter. If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such manufacturer, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.1 with respect to such have made manufacturer.
Defensive Suspension. If Executing Entity or its Affiliate: (i) initiates or becomes an adverse party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tools, Robust Inactive Product, Licensed Product, Evaluation AACS Online Service, AACS Online Service Component or AACS Online Service based on a Necessary Claim or a Relatively Necessary Claim of Executing Entity or its Affiliate; or (ii) breaches Section 2.6.5; then such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their license and covenant under this Section 2.3.2 with respect to Executing Entity and its Affiliates; provided, that if such cause of action relates to a Relatively Necessary Claim, such Licensor and its Affiliates must first indicate in writing their willingness to license their Relatively Necessary Claims to Executing Entity and its Affiliates under reasonable and non- discriminatory license terms for any Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tools, Robust Inactive Product, Licensed Product, Evaluation AACS Online Service, AACS Online Service, distributed by Executing Entity or its Affiliates at or prior to the time of the legal action.
Defensive Suspension. If Adopter or its Affiliate (i) initiates or becomes an adverse party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation Managed Copy Service or Managed Copy Service based on a Necessary Claim or a Relatively Necessary Claim of such Adopter or its Affiliate, or (ii) such Licensor alone or with some or all of its Affiliates breaches Section 2.6.5, Licensor, at its option, may suspend its or their license and covenant under this Section 2.3.1 with respect to such Adopter and its Affiliates, provided that if such cause of action relates to a Relatively Necessary Claim, such Licensor and its Affiliates must first indicate in writing their willingness to license their Relatively Necessary Claims to such Adopter and its Affiliates under reasonable and non-discriminatory license terms for any Licensed Components , Robust Inactive Products or Licensed Products distributed by such Adopter or its Affiliates at or prior to the time of the legal action.
Defensive Suspension. If a Fellow Adopter or its Affiliate initiates or becomes an adverse party to a legal action against Adopter (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation Managed Copy Service or Managed Copy Service based on a Necessary Claim of such Fellow Adopter or its respective Affiliate, Adopter alone or with some or all of its Affiliates, at Adopter’s option, may suspend its or their covenant not to assert under Section 2.6.1 with respect to such Fellow Adopter and its Affiliates. If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against Adopter or its Affiliate for patent infringement involving a Necessary Claim of such manufacturer, Adopter alone or with some or all of its Affiliates, at Adopter’s option, may suspend its or their covenant not to assert under Section 2.6.1 with respect to such have made manufacturer.
