Common use of Content Protection Clause in Contracts

Content Protection. (a) Apple shall protect materials furnished by Publisher in a manner no less restrictive than Apple protects materials furnished by any other book publisher, including the use of the Security Solution, and the implementation and enforcement of Content Usage Rules, as set forth in Exhibit E, except as otherwise agreed by Publisher and Apple. Notwithstanding the foregoing, on a title-by-title and country-by-country basis, using iTunes Connect or via other technical means provided and approved by Apple, Publisher may instruct Apple to make eBooks available hereunder without the Security Solution. If the Security Solution is compromised such that eBooks are being made widely available without restriction, having a material adverse effect on the commercial purpose of the appointment and this Agreement, then Apple shall use commercially reasonable efforts to cure such compromise. If the breach is not substantially cured within thirty (30) days, then Publisher may stop providing additional New Releases to Apple, and if the breach is not substantially cured within sixty (60) days, then Publisher may suspend Apple’s appointment until cured. (b) In the event of a security breach of the Online Store servers such that unauthorized access to Publisher Content becomes available, then Apple will disable all access to such servers or destroy content on such servers within twenty-four (24) hours. (c) Publisher Materials in Apple’s control or possession shall reside only on secure network servers or equivalent devices owned or controlled by Apple or its contractors with restricted access.