High Definition. The parties agree that, unless otherwise authorized by Licensor in writing, Licensee shall distribute the VOD Included Programs on a VOD basis pursuant to the Agreement solely in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific VOD Included Programs in High Definition resolution on a VOD basis by providing Licensee with written notice of which VOD Included Programs are available to Licensee for distribution in High Definition on a VOD basis pursuant to this Agreement (such notices to be provided by Licensor on periodic title avail lists which will be delivered via email or other means mutually agreed upon in writing by the parties). In the event Licensor authorizes Licensee to distribute specific VOD Included Programs in High Definition as set forth above, then Licensee shall be permitted to transmit such VOD Included Programs via Authorized Delivery Means in High Definition for exhibition on all Approved Devices that are not personal computers; provided however, with respect to the Google TV platform, VOD Included Programs may only be exhibited in High Definition on the following Approved Devices and shall be subject to Schedule C (including, without limitation, Section IV): (i) the Sony Internet TV, (ii) the Sony Internet TV Blu-ray Disc Player and (iii) the Logitech Revue set-top box (collectively, the “Pre-Approved Google TV Devices”); provided further, however, that VOD Included Programs may be exhibited in High Definition on additional Approved Devices that utilize the Google TV Platform that are not on the preceding list of Pre-Approved Google TV Devices in the event that Licensor gives prior written approval (including by email) (together with the Pre-Approved Google TV Devices, the “Approved Google TV Devices”), and provided further, that such Approved Google TV Devices, and any other Approved Devices approved under the VOD & DHE License Agreement, between ▇▇▇▇▇▇ Digital Distribution Inc. and Google Inc., dated as of March 17, 2011 (“US Agreement”), technically and functionally conform in all material respects to the corresponding device approved under the US Agreement. Prior to the launch of such devices in the Territory, Licensee shall confirm in writing that each such device technically conforms in all material respects to the corresponding device approved under the US Agreement. Where any device does not technically and functionally conform in all material respects to any Approved Device approved under the US Agreement, before Licensee is entitled to distribute specific VOD Included Programs in High Definition on a VOD basis via such device, Licensee shall submit such Approved Devices to Licensor for approval for use in the Territory in writing in advance. Licensor shall have the right to withdraw its approval of any such Approved Device that does not technically conform in all material respects to any Approved Device approved under the US Agreement or where such Approved Device is later materially altered by its manufacturer and such change alters the security systems or usage rules previously supported. Licensee is not required to seek approval for any devices in order to distribute VOD Included Programs on a VOD basis in Standard Definition resolution so long as such devices meet the definition of Approved Device under this Agreement.
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High Definition. The parties agree that, unless otherwise authorized by Licensor in writing, Licensee shall distribute the VOD Included Programs on a VOD basis pursuant to the Agreement solely in Standard Definition resolution. Licensor may, in its sole discretion, authorize Licensee to distribute specific VOD Included Programs in High Definition resolution on a VOD basis by providing Licensee with written notice of which VOD Included Programs are available to Licensee for distribution in High Definition on a VOD basis pursuant to this Agreement (such notices to be provided by Licensor on periodic title avail lists which will be delivered via email or other means mutually agreed upon in writing by the parties). In the event Licensor authorizes Licensee to distribute specific VOD Included Programs in High Definition as set forth above, then Licensee shall be permitted to transmit such VOD Included Programs via Authorized Delivery Means in High Definition for exhibition on all Approved Devices that are not personal computers; provided however, with respect to the Google TV platform, VOD Included Programs may only be exhibited in High Definition on the following Approved Devices and shall be subject to Schedule C (including, without limitation, Section IV): (i) the Sony Internet TV, (ii) the Sony Internet TV Blu-ray Disc Player and (iii) the Logitech Revue set-top box (collectively, the “Pre-Approved Google TV Devices”); provided further, however, that VOD Included Programs may be exhibited in High Definition on additional Approved Devices that utilize the Google TV Platform that are not on the preceding list of Pre-Approved Google TV Devices in the event that Licensor gives prior written approval (including by email) (together with the Pre-Approved Google TV Devices, the “Approved Google TV Devices”), and provided further, that such Approved Google TV Devices, and any other Approved Devices approved under the VOD & DHE License Agreement, between ▇▇▇▇▇▇ Digital Distribution Inc. and Google Inc., dated as of March 17, 2011 (“US Agreement”), technically and functionally conform in all material respects to the corresponding device approved under the US Agreement. Prior to the launch of such devices in the Territory, Licensee shall confirm in writing that each such device technically conforms in all material respects to the corresponding device approved under the US Agreement. Where any device does not technically and functionally conform in all material respects to any Approved Device approved under the US Agreement, before Licensee is entitled to distribute specific VOD Included Programs in High Definition on a VOD basis via such device, Licensee shall submit such Approved Devices to Licensor for approval for use in the Territory in writing in advance. Licensor shall have the right to withdraw its approval of any such Approved Device that does not technically conform in all material respects to any Approved Device approved under the US Agreement or where such Approved Device is later materially altered by its manufacturer and such change alters the security systems or usage rules previously supported. Licensee is not required to seek approval for any devices in order to distribute VOD Included Programs on a VOD basis in Standard Definition resolution so long as such devices meet the definition of Approved Device under this Agreement.
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