Common use of Encoding Rules Clause in Contracts

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 Content Distributor shall not encode, or direct to be encoded, using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) Undefined Business Models that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) Pay Television transmission e) Non-Premium Subscription Television f) Free Conditional Access Delivery g) Undefined Business Models that are Comparable to any of the foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) Pay Television transmission e) Non-Premium Subscription Television f) Free Conditional Access Delivery g) Undefined Business Models that are Comparable to any of the foregoing 5.1.2 For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.” a) Pay-per-View b) Subscription on Demand c) Video on Demand d) Undefined Business Models that are Comparable to any of the foregoing e) Or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analog Output as a Constrained Image.

Encoding Rules. Capitalized terms used 5.1.1 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit copying thereof in this Products except as follows: (a) to prevent or limit copying of Prerecorded Media, Video on Demand, Pay-Per-View, Subscription-on-Demand, and Undefined Business Models that are Comparable to any of the foregoing; and (b) to prevent or limit copying, other than such first generation of copies as are permitted under the Compliance Rules, of Pay Television Transmissions, Non-Premium Subscription Television, Free Conditional Access Delivery, and Undefined Business Models that are Comparable to any of the foregoing. 5.1.2 Content Participant shall not encode, or direct to be encoded, Commercial Audiovisual Content so as to prevent or limit the retransmission thereof except as follows: (a) Content Participant may so encode, or direct to be encoded, Commercial Audiovisual Content pursuant to Section 5.1 5.1.1; (b) Content Participant may so encode, or direct to be encoded, any Defined Business Models and not otherwise defined in this Agreement shall have the meaning given any Undefined Business Models that are Comparable to such terms in the Compliance Rules to the Form Adopter AgreementDefined Business Models. 5.1.1 5.1.3 Content Distributor Participant shall not encode, or direct to be encoded, using CI PLUSthe Image Constraint Token, Controlled Commercial Audiovisual Content so as to prevent or limit copying any Products from outputting such content in the form of Decrypted SVR Data in High Definition Analog Form or reany unprotected digital equivalent thereof, except with respect to Prerecorded Media, Pay Television Transmissions, Video-transmission thereof in Licensed Products except as follows: (i) COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) on-Demand, Subscription-on-Demand, Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) , an Undefined Business Models Model that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) Pay Television transmission e) Non-Premium Subscription Television f) Free Conditional Access Delivery g) Undefined Business Models that are is Comparable to any of the foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) Pay Television transmission e) Non-Premium Subscription Television f) Free Conditional Access Delivery g) Undefined Business Models that are Comparable to any of the foregoing 5.1.2 For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.” a) Pay-per-View b) Subscription on Demand c) Video on Demand d) Undefined Business Models that are Comparable to any of the foregoing e) Or any other Conditional Access Delivery of a Program Commercial Audiovisual Content that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.15.1.3, to “encode, or direct to be encoded, using ICTthe Image Constraint Token” means to direct or cause the setting of ICT the Image Constraint Token so as to cause a Licensed Product that outputs Controlled Content Decrypted SVR Data to a High Definition Analog Output or an unprotected digital equivalent thereof, to output such Decrypted SVR Data as a Constrained Image. The provisions of this Agreement shall not be taken or offered by any Party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to MG-R(SVR) for EMPR. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Participant’s right to seek to protect Commercial Audiovisual Content through means other than MG-R(SVR) for EMPR, and the Encoding Rules apply only with respect to the application of MG-R(SVR) for EMPR.

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 Content Distributor shall not notmay encode, or direct to be encoded, using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) content Pay-Per-View b) View Subscription-on-Demand Video Any on- Demand c) Video on Demand, d) , Undefined Business Models that are either comparable to any of the foregoing or result in Higher Resolution Controlled Content being made available through an existing business model, as long as (a) it were not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) . COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video Any on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video Any on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing 5.1.2 foregoing For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.”” Content Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using ICT , Controlled Content using ICT so as to prevent or limit any Licensed Product from outputting such content in High Definition Analog Form, except as follows in the following cases: a) Pay-Per-View Subscription-on-Demand Any on Demand, Pay Television transmission Non-Premium Subscription Television Pay-per-View b) Subscription on Demand c) Video on Demand d) Undefined Business Models that are Comparable to any of the foregoing e) Or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analog Output as a Constrained Image.

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 □ (a) Content Distributor Participant shall not encode, or direct to be encoded, using CI PLUSDTCP, Controlled Commercial Audiovisual Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) to prevent or limit copying of Prerecorded Media, Video on Demand, Pay-Per-View b) , Subscription-on-Demand c) Video on Demand, d) Undefined Business Models that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) Pay Television transmission e) Non-Premium Subscription Television f) Free Conditional Access Delivery g) Undefined Business Models that are Comparable to any of the foregoing ; and □ (iiiii) EPN Controlled Content delivered to prevent or limit copying, other than such first generation of copies as follows may be encoded and transmitted as EPN content a) Pay-Per-View b) Subscription-on-Demand c) Video on Demand, d) are permitted under the Compliance Rules, of Pay Television transmission e) Transmissions, Non-Premium Subscription Television f) , Free Conditional Access Delivery g) , and Undefined Business Models that are Comparable to any of the foregoing. □ (b) Content Participant shall not encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content so as to prevent or limit the retransmission thereof except as follows: 5.1.2 □ (i) Content Participant may encode, or direct to be encoded, using DTCP, Commercial Audiovisual Content pursuant to Section 5.1(a); □ (ii) Content Participant may encode, or direct to be encoded, using EPN, any Defined Business Models other than EPN Eligible Non-Conditional Access Delivery, and any Undefined Business Models that are Comparable to such Defined Business Models; and □ (iii) Content Participant may, solely as expressly authorized under Section 5.3, encode, or direct to be encoded, using EPN, EPN Eligible Non-Conditional Access Delivery and Undefined Business Models that are Comparable to EPN Eligible Non-Conditional Access Delivery. □ (c) For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUSDTCP” means to cause or direct the inclusion of particular copy control information in Controlled Content the DTCP Encryption Mode Indicator (“DTCP EMI”), or the DTCP Embedded Copy Control Information (“EmCCI”) data packet of a DTCP encrypted data stream, in each case as such DTCP EMI and EmCCI are described in the Specification Specification, or in such other location so as to cause CI PLUS DTCP (including, for avoidance of doubt, EPN and the ICTImage Constraint Token) to be used to protect the Commercial Audiovisual Content carried in such Controlled Contentdata stream. For avoidance of doubt, “to encode, or direct to be encoded, using the ICTImage Constraint Token” (as defined in Section 5.1(d)) and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUSDTCP.” a” □ (d) Content Participant shall not encode, or direct to be encoded, using the Image Constraint Token, Commercial Audiovisual Content so as to prevent or limit any Sink Device from outputting such content in High Definition Analog Form or any unprotected digital equivalent thereof, except with respect to Prerecorded Media, Pay Television Transmissions, Video-on-Demand, Subscription-on-Demand, Pay-perPer-View b) Subscription on Demand c) Video on Demand d) , an Undefined Business Models Model that are is Comparable to any of the foregoing e) Or , or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. Notwithstanding the foregoing, Content Participant shall not so encode, or direct to be encoded, using the Image Constraint Token, any Commercial Audiovisual Content that Content Participant causes or permits to be transmitted or delivered to a device that incorporates a Source Function if Content Participant permits such Commercial Audiovisual Content to be substantially simultaneously output from such device in an unprotected High Definition Analog Form or any unprotected digital equivalent (unless (a) via a digital transmission technology which is licensed solely for transmission for display purposes (e.g., DVI) or (b) via any computer video output referenced in Section 4.3.3 of Part 1 of Exhibit B to the Form Adopter Agreement during the time period in which Licensed Products incorporated into Computer Products are permitted under such section to pass to such output Decrypted DT Data other than as a Constrained Image via such output) and such content, when received by such device, is not DT Data. For purposes of this Section 5.1, to “encode, or direct to be encoded, using ICTthe Image Constraint Token” means to direct or cause the setting of ICT the Image Constraint Token so as to cause a Licensed Product Sink Device that outputs Controlled Content Decrypted DT Data to a High Definition Analog Output or an unprotected digital equivalent thereof to so output such Decrypted DT Data as a Constrained Image. Capitalized terms used in this Section 5.1(d) and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. □ (e) With respect to any Commercial Audiovisual Content delivered or transmitted in the form of Video-on-Demand, Pay-Per-View or Subscription-on-Demand, or an Undefined Business Model that is Comparable to any of the foregoing, in each case that Content Participant encodes or directs to be encoded, using DTCP, so as to prevent or limit a recipient authorized to receive such delivery or transmission from making such first generation of copies as are permitted under the Compliance Rules, Content Participant shall encode, or direct to be encoded, such content so as to cause the Retention State Indicator associated with such content to be set so as to permit Sink Devices to retain such content for at least ninety (90) minutes. Notwithstanding the foregoing, if the amount of time that such content may be retained in any Source Device is determined pursuant to rules, standards or obligations that were developed under an open-standards process, Content Participant shall not encode, or direct to be encoded, such content so as to cause the Retention State Indicator associated with such content to be set so as to prevent a Sink Device from retaining such content for such period of time specified in the Specification that is closest to, but not exceeding, the period of time that such Source Device is permitted to retain such content. □ (f) Without limiting the terms of Section 5.2, in markets outside the United States, and where it is not clear whether a transmission and/or delivery of Commercial Audiovisual Content owned or licensed by Content Participant is Conditional Access Delivery or falls within one of the Defined Business Models, Content Participant and Licensor shall cooperate in good faith to determine the appropriate Encoding Rules that should apply to such transmission and/or delivery so as to apply the intention and spirit of the Encoding Rules thereto.

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 Content Distributor shall not notmay encode, or direct to be encoded, using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) content Pay-Per-View b) View Subscription-on-Demand Video- Any on- Demand c) Video on Demand, d) , Undefined Business Models that are either comparable to any of the foregoing or result in Higher Resolution Controlled Content being made available through an existing business model, as long as (a) it were not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) . COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) content Pay-Per-View b) View Subscription-on-Demand Video- Any on- Demand c) Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) content Pay-Per-View b) View Subscription-on-Demand Video- Any on- Demand c) Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing 5.1.2 foregoing For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN EPN, and the ICTthe, ICT and DOT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT”, “to encode, or direct to be encoded, using DOT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.” a) ” Content Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using ICT , Controlled Content using ICT so as to prevent or limit any Licensed Product from outputting such content in High Definition Analog Form, except as follows in the following cases: Pay-perPer-View b) View Subscription-on-Demand Video-Any on- Demand, Pay Television transmission Non-Premium Subscription on Demand c) Video on Demand d) Television Undefined Business Models that are Comparable to any of the foregoing e) foregoing Or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.15.1.2, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analog Analogue Output as a Constrained Image. Use of the “Digital Only Token - DOoT” Content Distributor may shall not encode, or direct to be encoded, using DOoT, Controlled Content so as to prevent or limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analogue Form, except as follows: content that is being broadcast before any release to pre-recorded media, where i) such consent to expire 90 120 days after the start of use of DOoT ii) notwithstanding the foregoing, such consent to expire immediately on release of pre-recorded media, unless the DOT is set on the pre-recorded media, and then only during such period that the pre-recorded media is distributed with DOT set, or Undefined Business Models that are Comparable to any of the foregoing, or Content is delivered in 3D format;; and Tthere are no local regulations mandating analogue output for such particular content. Notwithstanding the limitations on the use of DOT above, Content Distributor may encode, or direct to be encoded, using DOT, any Controlled Content so as to limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form after Dec 31, 2013 provided that there are no local regulations mandating analog output for such particular content. For purposes of this Section 5.1.3, to “encode, or direct to be encoded, using DOoT” means to direct or cause the setting of DOoT so as to cause a Licensed Product to inhibit the output of both High Definition and Standard Definition Analogue Outputs, as well as to only allow output to protected Digital outputs which ensure that the content will not be further output on High Definition or Standard Definition Analogue Outputs, where permitted by local regulations. Host devices or CAMs that implement versions of the CI Plus technical specifications that do not support DOT signaling (that is, versions prior to v1.3) should not process any Controlled Content for which DOT has been asserted. The provisions of this Agreement shall not be taken or offered by any party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to CI PLUS. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Distributor’s right to seek to protect Controlled Content through means other than CI PLUS, and the Encoding Rules apply only with respect to the application of CI PLUS.

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 Content Distributor shall not encode, or direct to be encoded, using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video on Demand, d) , Undefined Business Models that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) . COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing 5.1.2 foregoing For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.”” Content Distributor shall not encode, or direct to be encoded, using ICT , Controlled Content so as to prevent or limit any Licensed Product from outputting such content in High Definition Analog Form, except as follows: a) Pay-per-View b) Subscription on Demand c) Video on Demand d) Undefined Business Models that are Comparable to any of the foregoing e) Or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analog Output as a Constrained Image. Use of the “Digital Only Token - DoT” Content Distributor shall not encode, or direct to be encoded, using DoT, Controlled Content so as to prevent or limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form, except as follows: content that is being broadcast before any release to pre-recorded media, where i) such consent to expire 90 days after the start of use of DoT ii) notwithstanding the foregoing, such consent to expire immediately on release of pre-recorded media, or Undefined Business Models that are Comparable to any of the foregoing; and there are no local regulations mandating analog output for such particular content. For purposes of this Section 5.1, to “encode, or direct to be encoded, using DoT” means to direct or cause the setting of DoT so as to cause a Licensed Product to inhibit the output of both High Definition and Standard Definition Analog Output, where permitted by local regulations. The provisions of this Agreement shall not be taken or offered by any party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to CI PLUS. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Distributor’s right to seek to protect Controlled Content through means other than CI PLUS, and the Encoding Rules apply only with respect to the application of CI PLUS.

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 Content Distributor shall not encode, or direct to be encoded, using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video on Demand, d) , Undefined Business Models that are comparable to any of the foregoing In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. . Notwithstanding any encoding rule listed above, any High Definition Controlled content may be encoded and transmitted as Copy Never content as long as (iia) it was not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) content Pay-Per-View b) View Subscription-on-Demand c) Demand Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing 5.1.2 foregoing For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN and the ICT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.”” Content Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using ICT , Controlled Content using ICT so as to prevent or limit any Licensed Product from outputting such content in High Definition Analog Form, except as follows in the following cases: a) Pay-Per-View Subscription-on-Demand Video on Demand, Pay Television transmission Non-Premium Subscription Television Pay-per-View b) Subscription on Demand c) Video on Demand d) Undefined Business Models that are Comparable to any of the foregoing e) Or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analog Output as a Constrained Image.

Encoding Rules. Capitalized terms used in this Section 5.1 and not otherwise defined in this Agreement shall have the meaning given to such terms in the Compliance Rules to the Form Adopter Agreement. 5.1.1 Content Distributor shall not notmay encode, or direct to be encoded, using CI PLUS, Controlled Content so as to prevent or limit copying or re-transmission thereof in Licensed Products except as follows: (i) : COPY NEVER Controlled Content delivered as follows may be encoded and transmitted as Copy Never content a) content Pay-Per-View b) View Subscription-on-Demand Video- Any on- Demand c) Video on Demand, d) , Undefined Business Models that are either comparable to any of the foregoing or result in Higher Resolution Controlled Content being made available through an existing business model, as long as (a) it were not initially distributed using a Free Conditional Access Delivery mechanism or (b) regulations in the territory where the content is being distributed do not preclude the use of Copy Never encoding on the content. In the use of Copy Never, Content Distributor shall encode, or direct to be encoded, such content so as to cause the Retention Limit to be set to at least ninety (90) minutes. (ii) . COPY ONE GENERATION Controlled Content delivered as follows may be encoded and transmitted as Copy One Generation content a) content Pay-Per-View b) View Subscription-on-Demand Video- Any on- Demand c) Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing foregoing (iii) EPN Controlled Content delivered as follows may be encoded and transmitted as EPN content a) content Pay-Per-View b) View Subscription-on-Demand Video- Any on- Demand c) Video on Demand, d) , Pay Television transmission e) transmission Non-Premium Subscription Television f) Television Free Conditional Access Delivery g) Delivery Undefined Business Models that are Comparable to any of the foregoing 5.1.2 foregoing For purposes of this Agreement, to “encode, or direct to be encoded, using CI PLUS” means to cause or direct the inclusion of particular copy control information in Controlled Content as described in the Specification so as to cause CI PLUS (including, for avoidance of doubt, EPN and the ICTthe, ICT and DOT) to be used to protect such Controlled Content. For avoidance of doubt, “to encode, or direct to be encoded, using the ICT”, “to encode, or direct to be encoded, using DOT” and “to encode, or direct to be encoded, using EPN” are included in the definition of “to encode, or direct to be encoded, using CI PLUS.” a) ” Content Distributor may encode, or direct to be encoded, shall not encode, or direct to be encoded, using ICT , Controlled Content using ICT so as to prevent or limit any Licensed Product from outputting such content in High Definition Analog Form, except as follows in the following cases: Pay-perPer-View b) View Subscription-on-Demand Video-Any on- Demand, Pay Television transmission Non-Premium Subscription on Demand c) Video on Demand d) Television Undefined Business Models that are Comparable to any of the foregoing e) foregoing Or any other Conditional Access Delivery of a Program that had a theatrical release, or was released direct-to-video, and is transmitted or delivered uninterrupted by Commercial Advertising Messages. For purposes of this Section 5.1, to “encode, or direct to be encoded, using ICT” means to direct or cause the setting of ICT so as to cause a Licensed Product that outputs Controlled Content to a High Definition Analog Output as a Constrained Image. Use of the “Digital Only Token - DOoT” Content Distributor may shall not encode, or direct to be encoded, using DOoT, Controlled Content so as to prevent or limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form, except as follows: content that is being broadcast before any release to pre-recorded media, where i) such consent to expire 90 120 days after the start of use of DOoT ii) notwithstanding the foregoing, such consent to expire immediately on release of pre-recorded media, unless the DOT is set on the pre-recorded media, and then only during such period that the pre-recorded media is distributed with DOT set, or Undefined Business Models that are Comparable to any of the foregoing, or Content is delivered in 3D format;; and Tthere are no local regulations mandating analog output for such particular content. Notwithstanding the limitations on the use of DOT above, Content Distributor may encode, or direct to be encoded, using DOT, any Controlled Content so as to limit any Licensed Product from outputting video portion of such content in Standard or High Definition Analog Form after Dec 31, 2013 provided that there are no local regulations mandating analog output for such particular content. For purposes of this Section 5.1, to “encode, or direct to be encoded, using DOoT” means to direct or cause the setting of DOoT so as to cause a Licensed Product to inhibit the output of both High Definition and Standard Definition Analog Outputs, as well as to only allow output to protected Digital outputs which ensure that the content will not be further output on High Definition or Standard Definition Analog Outputs, where permitted by local regulations. Host devices or CAMs that implement versions of the CI Plus technical specifications that do not support DOT signaling (that is, versions prior to v1.3) should not process any Controlled Content for which DOT has been asserted. The provisions of this Agreement shall not be taken or offered by any party as a waiver or license of any copyright interest or an admission of the existence of infringement (or not) of a copyright interest, but represents a technical accommodation with respect to CI PLUS. Without limiting any term or condition of this Agreement, this Agreement shall not be construed to limit Content Distributor’s right to seek to protect Controlled Content through means other than CI PLUS, and the Encoding Rules apply only with respect to the application of CI PLUS.