Common use of Liability for Violation Clause in Contracts

Liability for Violation. Failure to comply with the terms of this Agreement, including but not limited to redistribution and/or resale of Licensed Components in violation of this Agreement, will subject Authorized Reseller to legal liability, including injunctions, damages and termination of this Agreement. Authorized Reseller acknowledges that in the event of breach of its obligations hereunder money damages alone will not adequately compensate an injured party, including an injured Third Party Beneficiary, and that injury to such party will be irreparable. In the event of any breach, AACS LA and/or any Content Participant, shall be entitled to bring an action at law or in equity against Authorized Reseller to enforce the terms of the Agreement and in any such action shall be entitled to specific performance or other temporary, preliminary or permanent injunctive relief. Authorized Reseller further acknowledges that AACS LA, in addition to any other remedies in equity, but in lieu of any and all other claims for monetary damages may recover liquidated damages for (i) breaches of Section 2.2 in the amount of eight million United States dollars (US$ 8,000,000); and, (ii) any other material breach of this Agreement in the amount of one million United States dollars (US$ 1,000,000). Authorized Reseller agrees that Content Participants shall be Third Party Beneficiaries of this Agreement and, as such, are entitled to bring an action for equitable relief as if Authorized Reseller were an Adopter subject to the third party beneficiary terms of the Adopter Agreement.

Appears in 2 contracts

Sources: Reseller Agreement, Reseller Agreement