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 Amazon’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 Amazon shall, prior to the Customer’s purchase of the Included Program, utilize technology that is designed to determine whether the billing address associated with the payment instrument associated with the Customer’s account is located outside of the Territory. If the technology indicates that the address is outside of the Territory, then Amazon shall not permit the purchase. Solely for Customers who do not have a payment instrument on file with Amazon and do not use a payment instrument for the applicable transaction (e.g., the Customer uses a gift card or account credit), Amazon shall, instead of using such technology, use a geo-filtering technology consisting of IP address look‑up to ensure that it is being redeemed in the Territory associated with such gift card or voucher and shall not permit the purchase of the Included Program if the address is an address outside the Territory. For Licensed Content delivered as a Subscription Service only, Amazon shall employ a geo-filtering technology consisting of IP address look‑up designed to restrict Streams and Downloads from the Amazon Service to Subscribers located solely within the Territory. Content Provider hereby approves IP address look‑up services provided by Quova, Inc. and Akamai Technologies, Inc. so long as such services include geolocation bypass detection technology designed to detect known web proxies, DNS-based proxies and other forms of proxies, anonymizing services and VPNs to the extent technically feasible, which have been created for the primary intent of bypassing geo-restrictions and update their geolocation bypass data on a regular basis. CDD shall not unreasonably withhold its approval of any replacement service provider proposed by Amazon so long as the replacement service is judged, in CDD’s sole discretion, to be as effective as the service to be replaced. Amazon shall periodically review the effectiveness of its IP geofiltering measures (or those of its provider of geofiltering services) and perform upgrades as necessary so as to maintain effective geofiltering capabilities. Amazon shall in all cases use a payment instrument billing address to confirm that the user is resident within the Territory. Amazon shall perform these checks at the time of each transaction for transaction-based video services. Amazon shall be deemed to be in compliance with its Territorial obligations as long as Amazon implements the geo-filtering techniques as described in this section. Amazon will check the IP-address of Customer’s that purchase an Included Program and Amazon will notify CDD in writing in the event that, during any calendar quarter during the Term, Amazon detects more than 2% of those checks indicate an IP address that corresponds to a geographic area outside of the Territory.

Upscaling. Device may scale Included Programs in order to fill the screen of the applicable display; provided that AmazonLicensee’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 Amazon shallLicensee shall take affirmative, prior to the Customer’s purchase of the Included Program, utilize technology that is designed to determine whether the billing address associated with the payment instrument associated with the Customer’s account is located outside of the Territory. If the technology indicates that the address is outside of the Territory, then Amazon shall not permit the purchase. Solely for Customers who do not have a payment instrument on file with Amazon and do not use a payment instrument for the applicable transaction (e.g., the Customer uses a gift card or account credit), Amazon shall, instead of using such technology, use a geo-filtering technology consisting of IP address look‑up to ensure that it is being redeemed in the Territory associated with such gift card or voucher and shall not permit the purchase of the Included Program if the address is an address outside the Territory. For Licensed Content delivered as a Subscription Service only, Amazon shall employ a geo-filtering technology consisting of IP address look‑up designed reasonable measures to restrict Streams and Downloads from the Amazon Service access to Subscribers located solely Licensor’s content to within the Territoryterritory in which the content has been licensed. Content Provider hereby approves IP address look‑up services provided by Quova, Inc. and Akamai Technologies, Inc. so long as such services include geolocation bypass detection technology designed to detect known web proxies, DNS-based proxies and other forms of proxies, anonymizing services and VPNs to the extent technically feasible, which have been created for the primary intent of bypassing geo-restrictions and update their geolocation bypass data on a regular basis. CDD shall not unreasonably withhold its approval of any replacement service provider proposed by Amazon so long as the replacement service is judged, in CDD’s sole discretion, to be as effective as the service to be replaced. Amazon Licensee shall periodically review the effectiveness of its IP geofiltering measures (or those of its provider of geofiltering services) and perform upgrades as necessary so as to maintain effective “state of the art” geofiltering capabilities. Amazon This shall include, for IP-based systems, the blocking of known proxies. Without limiting the foregoing, Licensee shall utilize geofiltering technology in all cases use 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 billing address to (e.g. mobile phone 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 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 resident within the Territory. Amazon shall perform these checks Network Service Protection Requirements. All licensed content must be received and stored at the time of each transaction for transaction-based video servicescontent processing and storage facilities in a protected format using an industry standard protection systems. Amazon Document security policies and procedures shall be deemed 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: Allowed Platforms 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. Robust Implementation 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. Digital Outputs: 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 its Territorial obligations 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 long as Amazon implements 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 geo-filtering techniques as described availability of Current Films in this section. Amazon will check HD for General Purpose Computing Platforms that it reliably and justifiably knows are in compliance but is required to disable the IP-address availability of Customer’s that purchase an Included Program Current Films in HD via the Licensee service for all other General Purpose Computing Platforms, and Amazon will notify CDD in writing in the event thatthat Licensee becomes aware of non-compliance with this Section, during Licensee shall promptly notify Licensor thereof; provided that Licensee shall not be required to provide Licensor notice of any calendar quarter during the Term, Amazon detects more than 2% of those checks indicate an IP address that corresponds third party hacks to a geographic area outside of the TerritoryHDCP.