Objections to Revocation. Notwithstanding Section 7.2, in the event that Adopter is an Affected Adopter with respect to a Revocation and does not consent to such Revocation in accordance with Section 3.3 of the Procedural Appendix, Licensor shall not commence such Revocation unless and until (a) an arbitrator, or, in the circumstances set forth in Section 4.2 HDCP License Agreement Last Revised: March 15, 2024 of the Procedural Appendix, a court of competent jurisdiction, determines that the claimant has demonstrated likelihood of success of showing that the Revocation Criteria have been satisfied or (b) Adopter otherwise consents to such Revocation. For the purpose of this Agreement, the parties intend the standard for such likelihood of success to be the same as the standard for issuance of a preliminary injunction in a given jurisdiction. Without limiting the foregoing, Licensor shall not Revoke KSVs (i) based on Adopter’s general implementation of the HDCP Specification in a model or product line that is not Compliant or otherwise based on Adopter’s breach of this Agreement (except that if Adopter has caused any of the circumstances described in Sections 7.2.1 or 7.2.2 with respect to any KSV, such KSV may be Revoked) or (ii) in products or devices where the general security of HDCP has been compromised by third parties (other than where the Revocation Criteria have been satisfied).
Appears in 1 contract
Sources: HDCP License Agreement
Objections to Revocation. Notwithstanding Section 7.2, in the event that Adopter is an Affected Adopter with respect to a Revocation and does not consent to such Revocation in accordance with Section 3.3 of the Procedural Appendix, Licensor shall not commence such Revocation unless and until (a) an arbitrator, or, in the circumstances set forth in Section 4.2 HDCP License Agreement Last Revised: March 15, 2024 of the Procedural Appendix, a court of competent jurisdiction, determines that the claimant has demonstrated likelihood of success of showing that the Revocation Criteria have been satisfied or (b) Adopter otherwise consents to such Revocation. For the purpose of this Agreement, the parties intend the standard for such likelihood of success to be the same as the standard for issuance of a preliminary injunction in a given jurisdiction. Without limiting the foregoing, Licensor shall not Revoke KSVs (i) based on Adopter’s general implementation of the HDCP Specification in a model or product line that is not Compliant or otherwise based on Adopter’s breach of this Agreement (except that if Adopter has caused any of the circumstances described in Sections 7.2.1 or 7.2.2 with respect to any KSV, such KSV may be Revoked) or (ii) in products or devices where the general security of HDCP has been compromised by third parties (other than where the Revocation Criteria have been satisfied).
Appears in 1 contract
Sources: HDCP License Agreement
Objections to Revocation. Notwithstanding Section 7.2, in the event that Adopter is an Affected Adopter with respect to a Revocation and does not consent to such Revocation in accordance with Section 3.3 of the Procedural Appendix, Licensor shall not commence such Revocation unless and until (a) an arbitrator, or, in the circumstances set forth in Section 4.2 HDCP License Agreement Last Revised: March 15, 2024 of the Procedural Appendix, a court of competent jurisdiction, determines that the claimant has demonstrated likelihood of success of showing that the Revocation Criteria have been satisfied or (b) Adopter otherwise consents to such Revocation. For the purpose of this HDCP License Agreement Last Revised: March 6, 2017 Agreement, the parties intend the standard for such likelihood of success to be the same as the standard for issuance of a preliminary injunction in a given jurisdiction. Without limiting the foregoing, Licensor shall not Revoke KSVs (i) based on Adopter’s general implementation of the HDCP Specification in a model or product line that is not Compliant or otherwise based on Adopter’s breach of this Agreement (except that if Adopter has caused any of the circumstances described in Sections 7.2.1 or 7.2.2 with respect to any KSV, such KSV may be Revoked) or (ii) in products or devices where the general security of HDCP has been compromised by third parties (other than where the Revocation Criteria have been satisfied).
Appears in 1 contract
Sources: HDCP License Agreement