Restrictions on License. Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part, nor may any Included Program be sub-distributed in any way, separate and apart from the SVOD Service (i.e. other than the technical distribution of the SVOD Service by third party contractors (namely technical hosting, billing, signup and streaming partners which provide technical delivery services on behalf of Licensee to subscribers) in accordance with clause 25; (b) no Included Program may be delivered, transmitted or exhibited other than as set forth in Clause 2.1; (c) except as otherwise provided for in Clauses 2.6 and 2.7 of Schedule B, each Included Program must remain in its approved level of resolution and not up-converted; and (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein. Licensor reserves the right to conduct an initial inspection of and approve the picture quality and user experience of the SVOD Service within sixty (60) days of the Launch Date. Thereafter, when Licensee makes any modification that results in a material adverse change to the picture quality and user experience of the SVOD Service, Licensee shall so notify Licensor, and Licensor shall have the right to inspect and approve such modified picture quality and user experience. Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware. Notwithstanding anything to the contrary in this Agreement, including without limitation this Clause 2.4, Licensee shall be permitted to offer the SVOD Service, including the Included Programs licensed hereunder, on Approved Devices via Approved Delivery where a Registered User must use a third party software or service (including without limitation an Application) and/or make payment to a third party to access the SVOD Service (e.g., pay an additional charge or subscription fee to a service provider in order to access the bundled service that provides the ability to subscribe to the SVOD Service) (“Third Party Fees”); provided that Licensee represents and warrants that it shall not receive any portion of such Third Party Fees at any time and provided, further, that such Third Party Fees are not charged on a transactional video-on-demand or per-view basis. ...
Restrictions on License. The grant in Section 2.1 shall be further subject to, restricted by and non-exclusive with respect to:
Restrictions on License. The license granted in section 2.1 above shall be limited as follows:
Restrictions on License. Notwithstanding any other provision of this Agreement, the License is subject to the following policies, obligations and/or conditions:
Restrictions on License. 2.1 Licensee agrees that without the specific written consent of Licensor or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part;
Restrictions on License. Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be exhibited or otherwise shown to anyone other than for Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as set forth at Section 3.1 of the Principal Terms; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; and (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high resolution, up-converted or low resolution, down-converted format. Licensor reserves the right to inspect and approve the picture quality and user experience of the Licensed Service. Licensee shall immediately notify Licensor of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware.
Restrictions on License. 2.1 Licensee agrees that it is of the essence of this Agreement that, without the specific written consent of Licensor, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) no Included Program may be delivered, transmitted, exhibited or otherwise shown to anyone other than for a Personal Use; (c) no Included Program may be delivered, transmitted or exhibited other than as expressly set forth herein; (d) no person or entity shall be authorized or permitted by Licensee to do any of the acts forbidden herein; (e) Licensee shall not have the right to transmit, exhibit or deliver the Included Programs in a high definition, up-converted or analogous format or in a low resolution, down-converted format; (f) neither the DHE Service nor the VOD Service shall be co-branded, sublicensed or sub-distributed and (g) the license hereunder expressly prohibits the storage, recording or so-called secure burn of any Included Program (other than as expressly permitted herein) until such time as otherwise agreed in writing between the parties.
Restrictions on License. Google agrees that it is of the essence of this Agreement that, without the specific written consent of Provider, or except as otherwise set forth herein: (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part; (b) Google will not authorize the Included Programs to be exhibited other than for Personal Use (c) Google will not, and will not enable or authorize, the delivery, transmission or exhibition of the Included Programs other than as set forth herein; (d) Google will not authorize any person or entity to do any of the acts forbidden herein; and (e) Google will not have the right to transmit, exhibit or deliver the Included Programs other than in the Approved Format. Google will use commercially reasonable efforts to notify Provider as soon as possible of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware.
Restrictions on License. Comcast agrees that without the specific written consent of Studio, or except as otherwise set forth herein (including Section 4.2): (a) the license granted hereunder may not be assigned, licensed or sublicensed in whole or in part, nor may any Included Program be sub-distributed in any way; (b) no Included Program may be delivered, transmitted or exhibited other than as set forth in this Agreement; and (c) no person or entity shall be authorized by Comcast to do any of the acts forbidden herein. Comcast shall notify Studio of any unauthorized transmissions or exhibitions of any Included Program of which it becomes aware; provided, however, that Comcast’s inadvertent failure to do so shall not be considered a breach hereunder provided that such unauthorized transmission or exhibition is de minimus or otherwise immaterial in nature. No Included Program shall be transmitted or exhibited by Comcast (and Comcast shall cause each of the Systems not to so transmit or exhibit) except in accordance with the terms and conditions of this Agreement. Comcast shall not authorize (and shall cause the Systems to not authorize) the transmission of any Included Program other than for Personal Use. Midcontinent Communications. Subject to Comcast then holding an ownership interest in, and managing the programming of, Midcontinent Communications, the parties acknowledge and agree that, only at such time that Midcontinent Communications has elected to distribute Included Programs on a DHE basis, Midcontinent Communications shall be covered by the terms and conditions of this Agreement and shall have all the rights, and shall be subject to all the obligations, of Comcast hereunder; provided, however, that the websites, applications and/or other services utilized by Midcontinent Communications for the distribution of Included Programs shall be branded by Midcontinent Communications (e.g., “Midcomm” or “Midco”). Comcast shall be responsible for any breach of this Agreement committed by Midcontinent Communications as if such breach was committed by Comcast hereunder.
Restrictions on License. Notwithstanding anything in this Agreement to the contrary, Polo di Como hereby agrees that it shall not either manufacture or license the CCA-2 ASIC other than to “Permitted Users”, where “Permitted Users” is defined and limited to mean users, customers and/or industries unrelated to Check-Cap’s existing or future products or businesses that cannot be reasonably construed to be Check Cap competitors. To ensure compliance with this provision, Polo di Como shall enter into an appropriate restrictive covenant with any customer for the CCA-2 ASIC restricting the use of the CCA- 2 ASIC as required by this Section 6 and name Check-Cap as an intentional third-party beneficiary of the license so that Check-Cap may independently enforce this restriction.
