Liability for Violation. Failure to comply with the terms of this Agreement, including but not limited to distribution of Schedule 1 or 2 Products in violation of this Agreement, will subject Associate to legal liability, including injunctions, damages and termination of Associate’s status. Licensee 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, Licensor and/or other CSS Licensees, including owners of the copyright rights in content protected by CSS, shall be entitled to bring an action at law or in equity against Associate to enforce the terms of the Agreement and in any such action to specific performance or other temporary, preliminary or permanent injunctive relief. Further, Licensor may ▇▇▇ for damages. In addition, third party beneficiaries are entitled to bring an action for equitable relief under the terms of the CSS License Agreement and to reimbursement of actual and reasonable costs of mitigation of the harm caused by Associate’s breach, provided that such reimbursement shall be no more than $100,000 for all Eligible Licensees joining in any Beneficiary Claim. In addition, the prevailing party in relation to the contractual claims of a third party beneficiary shall be entitled to an award of its reasonable attorney’s fees and related costs of up to $100,000, except that the court may award up to $2 million in attorney’s fees in any case in which the court determines that the breach was material and willful or malicious. Nothing contained in this Section is intended to limit remedies or relief available pursuant to statutory or other claims that a CSS Licensee may have under separate authority not contained in this Agreement.
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Liability for Violation. Failure to comply with the terms of this Agreement, including but not limited to failure to adhere to the CSS Assembly Specification, or distribution of Schedule 1 or 2 Products in violation of this Agreement, will subject Associate to legal liability, including injunctions, damages and termination of Associate’s status. Licensee 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, Licensor and/or other CSS Licensees, including owners of the copyright rights in content protected by CSS, shall be entitled to bring an action at law or in equity against Associate to enforce the terms of the Agreement and in any such action to specific performance or other temporary, preliminary or permanent injunctive relief. Further, relief and Licensor may ▇▇▇ for damages. In addition, third party beneficiaries are entitled to bring an action for equitable relief relief. Further, under the terms of the CSS License Agreement and to reimbursement of actual and reasonable costs of mitigation of the harm caused by Associate’s breach, provided that such reimbursement shall be no more than $100,000 for all Eligible Licensees joining in any a Beneficiary Claim. In addition, the prevailing party in relation to the contractual claims of a third party beneficiary shall be entitled to an award of its reasonable attorney’s fees and related costs of up to $100,000, except that the court may award up to $2 million in attorney’s fees in any case in which the court determines that the breach was material and willful or malicious. Nothing contained in this Section is intended to limit remedies or relief available pursuant to statutory or other claims that a CSS Licensee may have pursuant to statutory or other claims that a CSS Licensee may have under separate legal authority not contained in this Agreement.
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