Have Made Activities. Pursuant to the licenses set forth in Sections 2.3.1 and 2.3.2, Service Provider may provide a subcontractor with AACS Technology or Specifications only under terms of a separate agreement, setting forth the terms of this Section 2.3 as it applies to subcontractors, the applicable confidentiality obligations and other terms relating to subcontractor use, such as but not limited to Section 2.4 and Section 2.5, for the subcontractor’s production of an AACS Online Service or an AACS Online Service Component solely for the account of Service Provider. In the event a Service Provider subcontractor receives Highly Confidential Information, such receipt shall be pursuant to Section 5.3.2. The right of Service Provider under Sections 2.3.1 and 2.3.2 to have made AACS Online Service Components, (i) shall only apply to AACS Online Service or an AACS Online Service Component made for Service Provider after this Agreement is entered into and Service Provider makes an election to become a production licensee on Exhibit A, and for which the designs were created by Service Provider (either solely or jointly with one or more third parties) or for the licensed Service Provider; and, (ii) shall not apply to any products or components in the form manufactured or marketed by said have made manufacturer or any methods used by said have made manufacturer prior to Service Provider’s furnishing of said designs. If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving a Necessary Claim or Relatively Necessary Claim of such manufacturer, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend Service Provider’s have made licenses with respect to such manufacturer under this Section 2.3. If such have made manufacturer initiates or becomes an adverse party to a legal action against AACS LA for copyright or trade secret infringement or patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tool, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service, AACS Online Service or AACS Online Service Component based on a Necessary Claim or Relatively Necessary Claim of such subcontractor, AACS LA, at its option, may suspend Service Provider’s have made licenses from AACS LA with respect to such subcontractor.
Appears in 1 contract
Samples: Aacs Online
Have Made Activities. Pursuant to the licenses set forth in Sections 2.3.1 and 2.3.2, Service Provider may provide a subcontractor with AACS Technology or Specifications only under terms of a separate agreement, setting forth the terms of this Section 2.3 as it applies to subcontractors, the applicable confidentiality obligations and other terms relating to subcontractor use, such as but not limited to Section 2.4 and Section 2.5, for the subcontractor’s production of an AACS Online Service or an AACS Online Service Component solely for the account of Service Provider. In the event a Service Provider subcontractor receives Highly Confidential Information, such receipt shall be pursuant to Section 5.3.2. The right of Service Provider under Sections 2.3.1 and 2.3.2 to have made AACS Online Service Components, (i) shall only apply to AACS Online Service or an AACS Online Service Component made for Service Provider after this Agreement is entered into and Service Provider makes an election to become a production licensee on Exhibit A, and for which the designs were created by Service Provider (either solely or jointly with one or more third parties) or for the licensed Service Provider; and, (ii) shall not apply to any products or components in the form manufactured or marketed by said have made manufacturer or any methods used by said have made manufacturer prior to Service Provider’s furnishing of said designs. If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving a Necessary Claim or Relatively Necessary Claim of such manufacturer, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend Service Provider’s have made licenses with respect to such manufacturer under this Section 2.3. If such have made manufacturer initiates or becomes an adverse party to a legal action against AACS LA for copyright or trade secret infringement or patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tool, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service, AACS Online Service or AACS Online Service Component based on a Necessary Claim or Relatively Necessary Claim of such subcontractor, AACS LA, at its option, may suspend Service Provider’s have made licenses from AACS LA with respect to such subcontractor.. For review only - Not for execution
Appears in 1 contract
Samples: Aacs Online
Have Made Activities. Pursuant to the licenses set forth in Sections 2.3.1 and 2.3.22.2, Service Provider may provide a subcontractor with AACS Technology or Specifications only under terms of a separate agreement, setting forth the terms of this Section 2.3 2.2 as it applies to subcontractors, the applicable confidentiality obligations and other terms relating to subcontractor use, such as but not limited to Section 2.4 and Section 2.5, for the subcontractor’s production design, development and testing of an Evaluation Licensed Components, Evaluation Licensed Products, Licensed Production/Test Tools or Evaluation AACS Online Service or an AACS Online Service Component Services solely for the account of Service Provider. Provider in providing AACS Online Services to its customers under this Agreement; provided, that Service Provider and such contractor also have a binding agreement that provides for the assignment to Service Provider of all Necessary Claims and Relatively Necessary Claims to inventions arising in the course of such design, development and testing In the event a Service Provider subcontractor receives Highly Confidential InformationInformation (including a Licensed Production/Test Tool containing any of those AACS Keys listed on Exhibit D), such receipt shall be pursuant to Section 5.3.2. The right of Service Provider have made licenses under Sections 2.3.1 and 2.3.2 to have made AACS Online Service Components2.2, above (i) shall only apply to Evaluation Licensed Products, Evaluation Licensed Components, Licensed Production/Test Tools and Evaluation AACS Online Service or an AACS Online Service Component made for Services provided to Service Provider after this Agreement is entered into and Service Provider makes an election to become by a production licensee on Exhibit A, and subcontractor for which the designs were created for Service Provider after execution of this Agreement and an election by Service Provider (either solely or jointly with one or more third parties) or for the licensed Service Providerto become an evaluation licensee on Exhibit A; and, and (ii) shall not apply to any products or components in the form manufactured or marketed by said have made manufacturer subcontractor or any methods used by said have made manufacturer subcontractor prior to execution of this Agreement and an election by Service Provider’s furnishing of said designs. Provider to become a production licensee on Exhibit A. If a have made manufacturer such subcontractor directly or indirectly initiates or becomes party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving (x) an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tool, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service based on a Necessary Claim or Relatively Necessary Claim of such manufacturersubcontractor or (y) any of the activities described in Section 2.6.5, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend Service Provider’s have made licenses with respect to such manufacturer under this Section 2.3subcontractor. If such have made manufacturer subcontractor initiates or becomes an adverse party to a legal action against AACS LA for copyright infringement of copyrights or trade secret infringement secrets of such subcontractor with respect to the Specifications, or patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tool, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service, AACS Online Service or AACS Online Service Component based on a Necessary Claim or Relatively Necessary Claim of such subcontractor, AACS LA, at its option, may suspend Service Provider’s have made licenses from AACS LA with respect to such subcontractor.
Appears in 1 contract
Samples: Aacs Online
Have Made Activities. Pursuant to the licenses set forth in Sections 2.3.1 and 2.3.22.2, Service Provider may provide a subcontractor with AACS Technology or Specifications only under terms of a separate agreement, setting forth the terms of this Section 2.3 2.2 as it applies to subcontractors, the applicable confidentiality obligations and other terms relating to subcontractor use, such as but not limited to Section 2.4 and Section 2.5, for the subcontractor’s production design, development and testing of an Evaluation Licensed Components, Evaluation Licensed Products, Licensed Production/Test Tools or Evaluation AACS Online Service or an AACS Online Service Component Services solely for the account of Service Provider. Provider in providing AACS Online Services to its customers under this Agreement; provided, that Service Provider and such contractor also have a binding agreement that provides for the assignment to Service Provider of all Necessary Claims and Relatively Necessary Claims to inventions arising in the course of such design, development and testing In the event a Service Provider subcontractor receives Highly Confidential InformationInformation (including a Licensed Production/Test Tool containing any of those AACS Keys listed on Exhibit D), such receipt shall be pursuant to Section 5.3.2. The right of Service Provider have made licenses under Sections 2.3.1 and 2.3.2 to have made AACS Online Service Components2.2, above (i) shall only apply to Evaluation Licensed Products, Evaluation Licensed Components, Licensed Production/Test Tools and Evaluation AACS Online Service or an AACS Online Service Component made for Services provided to Service Provider after this Agreement is entered into and Service Provider makes an election to become by a production licensee on Exhibit A, and subcontractor for which the designs were created for Service Provider after execution of this Agreement and an election by Service Provider (either solely or jointly with one or more third parties) or for the licensed Service Providerto become an evaluation licensee on Exhibit A; and, and (ii) shall not apply to any products or components in the form manufactured or marketed by said have made manufacturer subcontractor or any methods used by said have made manufacturer subcontractor prior to execution of this Agreement and an election by Service Provider’s furnishing of said designs. Provider to become a production licensee on Exhibit A. If a have made manufacturer such subcontractor directly or indirectly initiates or becomes party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving (x) an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tool, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service based on a Necessary Claim or Relatively Necessary Claim of such manufacturersubcontractor or (y) any of the activities described in Section 2.6.5, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend Service Provider’s have made licenses with respect to such manufacturer under this Section 2.3subcontractor. If such have made manufacturer subcontractor initiates or becomes an adverse party to a legal action against AACS LA for copyright infringement of copyrights or trade secret infringement secrets of such subcontractor with respect to the Specifications, or patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Licensed Production/Test Tool, Robust Inactive Product or Licensed Product or Evaluation AACS Online Service, AACS Online Service or AACS Online Service Component based on a Necessary Claim or Relatively Necessary Claim of such subcontractor, AACS LA, at its option, may suspend Service Provider’s have made licenses from AACS LA with respect to such subcontractor.. For review only -
Appears in 1 contract
Samples: Aacs Online
