Common use of Phase II Control Clause in Contracts

Phase II Control. For all Phase II implementations, regional playback control systems must be implemented in a manner such that the region setting is either a programmed element contained in the DVD Drive or fixed in the DVD Drive Hardware. The Phase II regional playback control system may allow (i) the end user to directly set the region a maximum of five times, and (ii) a maximum of five reinitializations of end-user’s ability to directly set the region five times, provided that such reinitializations may be accomplished only using a secure method based on specialized equipment available only to authorized service or manufacturing centers. Hence, the total number of drive region resets available to an individual user must be no more than 25. Renewal of a drive to be provided to a new user may be done only by a DVD Drive manufacturer thereby allowing the end user direct setting and reinitialization process described above to be started again for the new user. The user reset and service or manufacturing center reinitialization provisions of this subparagraph shall not apply to a Special Purpose DVD Drive, which may be designated to play back only those DVD Discs designated as Region 8. DVD Drives that are not Special Purpose DVD Drives shall not play back those DVD Discs designated as Region 8, either through initial setting or through customer reset or service or manufacturing center reinitialization. A Special Purpose DVD Drive is permitted to be sold only in conformance with the conditions set forth in the CSS License Agreement that are specific to the sale of Special Purpose DVD Drives.

Phase II Control. For all Phase II implementations, regional playback control systems must be implemented in a manner such that the region setting is either a programmed element contained in the DVD Drive or fixed in the DVD Drive Hardware. The Phase II regional playback control system may allow (i) the end user to directly set the region a maximum of five times, and (ii) a maximum of five reinitializations of end-user’s 's ability to directly set the region five times, provided that such reinitializations may be accomplished only using a secure method based on specialized equipment available only to authorized service or manufacturing centers. Hence, the total number of drive region resets available to an individual user must be no more than 25. Renewal of a drive to be provided to a new user may be done only by a DVD Drive manufacturer thereby allowing the end user direct setting and reinitialization process described above to be started again for the new user. The user reset and service or manufacturing center reinitialization provisions of this subparagraph shall not apply to a Special Purpose DVD Drive, which may be designated to play back only those DVD Discs designated as Region 8. DVD Drives that are not Special Purpose DVD Drives shall not play back those DVD Discs designated as Region 8, either through initial setting or through customer consumer reset or service or manufacturing center reinitialization. A Special Purpose DVD Drive is permitted to be sold only in conformance with the conditions set forth in the CSS License Agreement that are specific to the sale of Special Purpose DVD Drives.