Advance of Technology Clause Samples
Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Licensed Product, would have caused such products to fail to comply with these Robustness Rules (“New Circumstances”). If an Adopter has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then within eighteen (18) months after Notice such Adopter shall cease distribution of such Licensed Product and shall only distribute Licensed Products that are compliant with the Robustness Rules in view of the then-current circumstances.
Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Licensed Product, would have caused such products to fail to comply with these Robustness Rules, (“New Circumstances”). If an Adopter has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then within eighteen (18) months after Notice such Adopter shall cease distribution of such Licensed Product and shall only distribute Licensed Products that are compliant with the Robustness Rules in view of the then-current circumstances. Notwithstanding the foregoing, in the event that Adopter manufactures, distributes or sells Robust Inactive Products, Adopter shall have the right to continue to manufacture, distribute and sell the same version of such Robust Inactive Products for a period of up to two (2) years following such Notice, or such longer period as Licensor may, in extraordinary circumstances, approve in writing, provided that Adopter shall stop any further activation of the HDCP Functions in any such Robust Inactive Products no later than eighteen (18) months after the Notice. Where an Adopter can demonstrate that the cost of removing HDCP from a Robust Inactive Product would be substantial, Licensor shall not unreasonably decline written approval of an “extraordinary circumstance,” provided that such continued shipment without further activation would not affect the security of HDCP and there have not been repeated breaches of the Agreement by the Adopter. For review only - Not valid for execution
Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Licensed Product, would have caused such Licensed Product to fail to comply with these Robustness Rules (“New Circumstances”). If Adopter has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or
Advance of Technology. Although an implementation of a CVP-2 Service Provider facility when designed may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular CVP- 2 Service Provider facility, would have caused such a facility to fail to comply with these Robustness Rules (“New Circumstances”). If CVP-2 Service Provider has (a) actual notice of
Advance of Technology. Not for execution Although an implementation of a Service Provider facility when designed may meet the above standards, subsequent circumstances may arise which, had they existed at the time of design of a particular Service Provider facility, would have caused such a facility to fail to comply with these Robustness Rules (“New Circumstances”). If Service Provider has (a) actual notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then as quickly as reasonably possibly, but in no event later than six (6) months if a software upgrade is required and twelve (12) months if a hardware upgrade is required, Service Provider shall cease operation of Service Provider’s facilities that are not Compliant with the Robustness Rules in view of the then-current circumstances and shall only operate an AACS Online Service and maintain a Service Provider facility that is compliant with the Robustness Rules in view of the then-current circumstances, whether these be new or upgraded Service Provider facilities. Notwithstanding the foregoing, Service Provider shall not be required to cease operation of or upgrade its facilities for a period of thirty- six (36) months following Service Provider’s commencement of operation of such facilities, provided that such facilities were fully Compliant at the time such operation commenced.
Advance of Technology. Although an implementation of a Licensed Product when designed and first shipped may meet the above standards, the subsequent availability of new Widely Available Tools or new Specialized Tools may lead to such implementation becoming non-compliant through no act of Adopter. Therefore, (a) if new Widely Available Tools (other than Circumvention Devices) or new Specialized Tools (other than Circumvention Devices) become available,
Advance of Technology. Although an implementation of a Host Device when designed and shipped may meet the above standards, subsequent circumstances may arise which had they existed at the time of design of a particular Host Device would have caused such product to fail to comply with this Exhibit B (“New Circumstances”). If Licensee has (a) actual Notice of New Circumstances, or (b) actual knowledge of New Circumstances (the occurrence of (a) or (b) hereinafter referred to as “Notice”), then within eighteen months after Notice Licensee shall cease distribution of such Host Device and shall only distribute Host Device that are compliant with this Exhibit B in view of the then-current circumstances.