Common use of Content and Materials Clause in Contracts

Content and Materials. (a) You must, at all times, comply with the requirements contained in the AT&T Development Tool Set. (b) Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by AT&T to You or any third party. As between You and AT&T, You are solely responsible, on a through to the end user basis, for (i) all fees, royalties and other amounts of any kind or nature payable to record companies, artists and all other royalty participants resulting from sales and other permitted exploitation of the Applications in accordance with this Agreement, (ii) all mechanical royalties, public performance royalties and all other amounts of any kind or nature payable to publishers or other owners of copyrighted musical compositions, spoken word any other materials embodied in the Applications, (iii) all fees, royalties and other amounts of any kind or nature payable to artists, celebrities and other third parties in connection with the use of their names, images, voices, and likenesses as part of the Application, (iv) all payments that may be required under union or guild connective bargaining agreements with respect to the Applications and the use thereof in accordance with this Agreement, and (v) any and all other royalties, fees or other amounts required to be paid to any and all third parties with respect to the use and exploitation of the Applications in accordance with this Agreement. (c) If Your Application includes or will include any content other than the content described in Section 3.2.2(b), above, You must either own all such content or have permission from the content owner to use it in Your Application. (d) Applications may not contain Unsuitable Content. (e) Applications may not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect any part of the AT&T Service or other software, firmware, hardware, data, systems, or services. (f) If Your Application includes any ▇▇▇▇, You must comply with all applicable ▇▇▇▇ licensing terms. You also agree not to use any ▇▇▇▇ in the development of Your Application in such a way that would cause the non-▇▇▇▇ portions of the AT&T Development Tool Set to be subject to any ▇▇▇▇ licensing terms or obligations.

Appears in 3 contracts

Sources: Developer License Agreement, At&t Developer License Agreement (Mobitv Inc), At&t Developer License Agreement (Mobitv Inc)