Common use of Personal Computer Clause in Contracts

Personal Computer. HD content may only be output on General Purpose Computer Platforms (e.g., PCs) in accordance with Section 3 of Exhibit D of the Original Agreement unless stated explicitly otherwise below. 1.1.1. If an HDCP connection cannot be established, as required by Section 3.3 of Exhibit D of the Original Agreement, the playback of Current Films over an output on a Personal Computer (either digital or analog) must be limited to a resolution no greater than Standard Definition (SD). 1.1.2. An HDCP connection does not need to be established in order to playback in HD over a DVI output on any Personal Computer that is registered for service by Licensee on or before the later of: (i) 31st December, 2011 and (ii) the DVI output sunset date established by the AACS LA. Note that this exception does NOT apply to HDMI outputs on any Personal Computer. 1.1.3. With respect to playback in HD over analog outputs on Personal Computers that are registered for service by Licensee after 31st December, 2011, Licensee shall either (i) prohibit the playback of such HD content over all analog outputs on all such Personal Computers or (ii) ensure that the playback of such content over analogue outputs on all such Personal Computers is limited to a resolution no greater than SD. 1.1.4. 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 Placeshifting Functionality of the Licensed 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 “Personal Computers”; provided that: 1.1.4.1. if Licensee can robustly distinguish between Personal Computers that are in compliance with this section “Personal Computers”, and Personal Computers which are not in compliance, Licensee may continue the availability of Current Films in HD for Personal Computers 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 Personal Computers, and 1.1.4.2. 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.