Mobile re-transmission agreement special terms


High-Definition Requirements



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High-Definition Requirements


In addition to the foregoing requirements, all HD content is subject to the following set of content protection requirements:

  1. Personal Computers and Mobile Devices are deemed unsuitable platforms for delivery of high definition (HD) long form content, due to insecurities in a number of their subsystems.

  2. Digital Outputs.

    1. HD content is delivered via protected STB digital outputs only.
      [Delivery though analogue outputs provides a unwanted mechanism for re-digitization and redistribution]

    2. Device may scale Included Programs in order to fill the screen of the applicable display; provided that Licensee’s marketing of the Device shall not state or imply to consumers that the quality of the display of any such upscaled content is substantially similar to a higher resolution to the Included Program’s original source profile (i.e. SD content cannot be represented as HD content).

    3. The Content Protection System shall prohibit digital output of decrypted protected content. Notwithstanding the foregoing, a digital signal may be output if it is protected and encrypted by High Definition Copy Protection (“HDCP”) or Digital Transmission Copy Protection (“DTCP”).

      1. A set-top box that outputs decrypted protected content provided pursuant to the Agreement using DTCP shall map the copy control information associated with the program; the copy control information shall be set to “copy never”.

Mobile


  1. Definitions

    1. Approved Format” shall mean (for devices other than Mobile Devices) a digital electronic media file compressed and encoded for secure Encrypted transmission and storage in a resolution specified by Licensor:

encrypted and protected using one of the content protection systems approved for UltraViolet services by the Digital Entertainment Content Ecosystem (DECE), and said implementation meets the compliance and robustness rules associated with the chosen UltraViolet approved content protection system. The UltraViolet approved content protection systems are:

      1. Marlin Broadband

      2. Microsoft Playready

      3. CMLA Open Mobile Alliance (OMA) DRM Version 2 or 2.1

      4. Adobe Flash Access 2.0 (not Adobe’s Flash streaming product)

      5. Widevine Cypher ®

[#Subject to further comment from digipol]

    1. Approved Mobile Delivery Means” means the secured Streamed delivery of audio-visual content to an Approved Mobile Device over a Licensor-approved, closed, wireless network (meaning that all network access is limited to only authorized subscribers that have been authenticated), utilizing Licensor-approved back-end content delivery systems. In no event shall Approved Mobile Delivery Means include downloading, recording or retention of content on the device of an end user; provided, however, that where technically necessary solely to facilitate Streaming, limited storage of a partial file on a transitory basis for buffering or caching is allowed (which buffering or caching shall not, except in cases of very poor network coverage, exceed twenty-five percent (25%) of the total run time of the Program).

    2. Approved Mobile Devices” means a wireless mobile telephone handset (commonly referred to as a “cell phone”) or smart phone/ tablets (combination cell phone/personal digital assistant) which (i) is capable of receiving content or data via the Approved Mobile Delivery Means and supporting the restrictions set forth in this Agreement and (ii) has no enabled analog or digital video outputs with respect to the Licensed Service. In no event shall an “Approved Mobile Device” include a mobile datacard, USB/PCMCIA cellular modem, personal computer, set-top box, non-telephonic portable device or any device running an operating system not designed for portable or mobile devices.

    3. Approved Mobile Format” means a digital electronic media file compressed and transcoded for transmission in a resolution no greater than 320 x 240, with a frame rate of no more than 30 frames per second.

  1. Explicitly Prohibited. For the avoidance of doubt.

    1. Downloads. Mobile Delivery System shall prohibit Downloads (permanent copies) of licensed content.

    2. Copying. The Content Protection System shall prohibit recording of protected content onto recordable or removable media, except as specified in the agreed usage rules.

    3. Unencrypted Streaming: Unencrypted streaming of Licensed Content is prohibited. Notwithstanding the forgoing, Licensee may Stream Licensed Content without encryption in the Approved Mobile Format (as defined above) via Approved Mobile Delivery Means to Approved Mobile Devices in accordance with the Usage Model in Section 23 below. Any delivery of Licensed Content at a higher resolution and/or frame rate than the Approved Mobile Format must be protected by an Approved Format or a DRM with the appropriate license settings approved in writing by the Licensor. [#Subject to further comment from digipol]



  1. Usage Model (Streaming Only)

    1. To the extent technically and commercially reasonable, Licensed Content may only be streamed to a Subscriber’s Approved Mobile Device.

    2. Licensed Content may neither be saved to permanent memory, nor transferred to another device and the Subscriber shall be informed of this requirement and required to accept it prior to any delivery of the Licensed Content to the Subscriber’s Approved Mobile Device.

    3. Only one Approved Mobile Device per User shall be permitted to receive the streamed copy. Licensed Content shall be restricted to playback on a single Approved Mobile Device using the MSISDN associated with the User’s account.

    4. Simultaneous streaming to any Approved Mobile Device(s) of any Licensed Content belonging to one User account is strictly prohibited.

    5. The receiving device shall limit playback of licensed content to the window specified in the Licensee agreement.

Schedule C

DRM Schedule
Deprecated rights are not listed and must not be enabled or specified. Only standard definition or lower resolution content is permitted. If Licensee is currently using Windows Media DRM version 9 or 7.1, Licensee shall upgrade to the most recent version available within six months of the availability of a new version of Windows DRM where technically feasible.
The rights settings for previous version of MS DRM must use settings consistent with those listed in this schedule.

Right

Setting

Comments

AllowPlay

Enabled

This right allows the consumer to play protected content on a computer or device

Playcount

Not set

This right specifies the number of times the consumer is allowed to play protected content. By default, this right is not set and unlimited playing is allowed

AllowCopy

Not enabled

This right allows consumers to copy protected content to a device, such as a portable player or portable media, that supports Windows Media DRM 10 for Portable Devices

CopyCount

0

This right specifies the number of times the consumer is allowed to copy content using the AllowCopy right. By default, this right is not set, and unlimited copies are allowed.

AllowTransferToNonSDMI

Not enabled

This right allows the consumer to transfer the Windows Media file to a device that supports Portable Device DRM version 1 or Windows Media DRM 10 for Portable Devices.

AllowTransferToSDMI

Not enabled

This right allows the consumer to transfer the Windows Media file to a device that supports Portable Device DRM version 1 or Windows Media DRM 10 for Portable Devices.

TransferCount

0

This right specifies the number of times a consumer can transfer a Windows Media file to a device using the AllowTransferToNonSDMI and AllowTransferToSDMI rights

AllowBackupRestore

Not enabled

This right allows the consumer to manage licenses by making backup copies and restoring licenses from backups

AllowCollaborativePlay

Not enabled

This right allows consumers play protected content in a collaborative session using peer-to-peer services

AllowPlaylistBurn

Not enabled

This right allows consumers to copy a Windows Media file from a playlist to a CD in the Red Book audio format

MaxPlaylistBurnCount

Not enabled

The maximum number of times a Windows Media file can be copied to a CD as part of a particular playlist

PlaylistBurnTrackCount

Not enabled

The maximum number of times a Windows Media file can be copied to a CD, regardless of what playlist it is in

MinimumSecurityLevel.

2,000

Player applications based on Windows Media Format 9 Series SDK or later with strict security requirements. Included devices Windows Media DRM 10 for Portable Devices and Network Devices.

Excludes: Devices based on Windows Media Portable Device DRM v1 or based on Windows CE 4.2 and later



MinimumClientSDKSecurity

Not Set

Windows Media Format 7.1 SDK or later

Output Protection Levels for Digital Uncompressed Video Content

250


SD content: The Licensed Product must attempt to engage HDCP to protect the video portion of uncompressed decrypted WMDRM Content. Licensed Products must attempt to verify that the HDCP source function is engaged and able to deliver protected content, which means HDCP encryption is operational on the Output; however, the Licensed Product may Pass the video portion of uncompressed decrypted WMDRM Content to Digital Video Outputs even if it fails to verify that the HDCP source function is engaged.

Output Protection Levels for Digital Compressed Video Content

400

Only protected compressed digital outputs allowed

Output Protection Levels for Analog Video Content

150

Licensed Products is Passing the Analog Video Content of decrypted WMDRM Content to Analog Television Outputs, Licensed Products must engage CGMS-A with the CGMS-A field in the copy set to ‘11’ (“no more copies”).


Schedule D

Internet and Email Promotion Policy
All Internet and Email promotions remain subject to the provisions governing promotions as set forth in the attached license agreement.
The following sets forth the policies and guidelines governing the promotion by means of the Internet or similar or successor system (the “Internet”) of the exhibition (“Promotions”) of programming (“SPE Programs”) licensed by Sony Pictures Entertainment Inc., Columbia TriStar International Television and their affiliated companies, including but not limited to, Columbia Pictures Corporation Limited, Columbia TriStar Films (France), Sony Pictures Television (Japan), Columbia TriStar Films of Brazil, Columbia Pictures Television Canada, Columbia TriStar Television Pty. Ltd. and Columbia TriStar Film GmbH (collectively, “SPE”). This policy is in addition to, and not in lieu of, those promotional restrictions set forth in the license agreement between you and SPE (the “License Agreement”) and such other restrictions that may be provided by SPE or an SPE representative in the future. To the extent there is a conflict between this policy and the provisions of the License Agreement, this policy shall govern. SPE grants you the right to promote the SPE Programs on the Internet on a non-exclusive basis, subject to the following conditions:
1) The Internet Promotion of the SPE Programs will be solely on your Internet website (which is owned or controlled by you). You will include a prominent warning against downloading, duplicating or any other unauthorized use of material on your Internet website, on each page which includes material promoting SPE Programs.
2) Such promotion will be solely for the purpose of promoting the exhibition of SPE Programs on the television services on which you are authorized by SPE to exhibit such SPE Programs (the “Authorized Services”). In this regard but without limiting the foregoing:

a) Any such Promotion must be conducted only during the promotional window for the SPE Programs (or episode thereof) authorized under the relevant License Agreement.

b) Any such Promotion must clearly set forth the time and day on which the SPE Program (or episode thereof) will be exhibited and the Authorized Service on which it will be exhibited.

c) You shall not conduct the Promotion so as to generate revenue in any manner, nor shall it be conducted in conjunction with or as part of any competition, game of chance, lottery, sweepstake, game or similar event, nor for the purpose of downloading or other enhanced functionality on the website without SPE’s prior written consent. Without limiting the foregoing, you shall not engage in any of the following activities: sell ad banners, sell online sponsorships, or charge or collect bounty or referral fees or exercise other commercial tie-in opportunities on any webpage which contains any SPE material. You shall not offer or sell merchandise directly or indirectly in connection with the Promotion, without prior written authorisation from SPE, which SPE may withhold or grant subject to such conditions as SPE may determine in its sole discretion.


d) In conducting a Promotion, no SPE Program or person or entity appearing in, involved in or associated with the production of such program shall be used in a manner that constitutes an endorsement, express or implied, of any party, product or service, including, without limitation, you and the Authorized Services, other than the exhibition of such SPE Program on the Authorized Services, nor shall the same be used as part of a commercial tie-in.
3) Only approved stills and materials from the SPE press kit or other materials provided by SPE cleared for the use on the Internet shall be used. Still photographs will be posted only on a low resolution basis, not to exceed 72 dpi. Without limiting the foregoing, only clips/trailers from SPE and indicated as cleared for Internet use may be used on the Internet. In no event shall SPE be responsible for the use of any clips on from an SPE Program used on your website (including, without limitation, for any music used by you in an unauthorized clip) that have not been approved by SPE for such use on your website.
4) You must include on the SPE Program Page on your website (i) a link to the SPE Program’s official website (the URL for which can be found by browsing www.spe.sony.com/tv), if one exists, and (ii) the Columbia TriStar International Television logo which can be found at “www.CTIT.com”.
5) You shall not use any element of an SPE Program, copyrighted names, works or trade or service marks of SPE or its affiliates or those embodied in any SPE Program as the URL for your websites or pages.
6) You shall not create original content based on SPE Programs, brands, trade or service marks or storylines.
7) You may not edit or add to any materials supplied by SPE, or otherwise approved by SPE for promotion of any SPE Program. No Promotion shall parody, alter or materially distort any character, likeness, image or name contained in any SPE Program or in any promotional materials supplied by SPE, or otherwise approved by SPE for promotion of any SPE Program.
8) If any copyrighted or trademarked materials of SPE are used in any such Promotion, they shall be accompanied by an appropriate copyright, trade and/or service mark notice.
9) If the SPE Program is a series, only series regulars shall be used to promote the exhibition of the series. Non-series regulars and guest stars shall be used only to promote the episode in which such non-series regular or guest star appears.
10) Except as expressly authorized hereunder with respect to advertising and promotional activities undertaken on your website, you shall not advertise or promote any SPE Program, and shall not otherwise use any materials relating to any SPE Program including, without limitation, any intellectual property rights of SPE or any SPE Program, by means of the Internet, a commercial on-line service or any other interactive service or facility (including, without limitation, by means of e-mail).
11) Unless expressly stated in the applicable License Agreement, you shall not use any “behind-the-scenes” interview or “making of” material in your Internet Promotion for any SPE Program.
12) SPE reserves the continuing right from time to time to review your Promotions, and at any time to give you written notice of any content which SPE considers in its sole discretion to breach this policy. On receiving any such notice from SPE you must take all necessary steps to remove the offending content as quickly as possible, and in any event within 24 hours. Failure to do so will be treated as an unremedied default under the License Agreement (notwithstanding that the License Agreement may otherwise provide for a longer cure period), which entitles SPE to terminate the License Agreement by written notice to you with immediate effect.
13) You are fully responsible for ensuring that your Internet website, the Promotions and all other content from time to time appearing on the same comply with all applicable laws and regulations; and all costs associated with development and maintenance of your Internet website, the Promotions and such other content shall be your sole responsibility. SPE shall have no responsibility in relation to such compliance or costs.
If you have any questions regarding the above, please contact your local SPE television office.

Schedule E


Please see below TV and VOD Home Page User Interface. The red sign the scroll in area selected by users with handset.



Schedule GF

Best Reasonable commercial efforts H3G Marketing commitments



Frequency

Channel

Communication model

Target

4 each month

SMS campaign

Push on UMTS CB for AXN TV channels subscriptions

7,2 Mln of SMS / year

(48 per year)

(150 K customers for each campaign)

2 each month

MMS campaign

Promo of new AXN TV Series or movies

4,8 Mln of MMS / year

(24 per year)

(200 K customer for each campaign)

3 per week

App TV

Splash screen promo on App for new AXN TV Series or movies

CB 3 e AOM App

(156 per year)

(iPhone / Android / Nokia)

(iPhone / Android / Nokia)

Weekly update

Social Networks

Dedicated profiles and banner / img / video post for new AXN TV Series and movies*

Fan Social Networks 3

4 each month

SMS campaign

Push on App CB for AXN TV channels subscriptions

2,4 Mln of SMS / year

(48 per year)

(50 K customer for each campaign)

Each day

Banner on Web Store HB

Promo of new AXN TV Series or movies

1,5 Mln customer

(365 per year)

(Web Store CB: end of 2011)

3 month

3 Magazine & BTL

Dedicated pages for AXN TV channel / TV Series / movies

9 Mln of customer

in Flagship 3

(CB 3 UMTS)

Best Reasonable commercial efforts Marketing AXN for communication campaign




Channel: Axn

 

 

 




 

 

 

 

 




Lenght

Time Slot

Note

Promo per timeslot

Days per month

30"

Morning

Commercial Promo

1

30

30"

Day

Commercial Promo

1

30

30"

Prime

Commercial Promo

1

30

30"

Second Prime

Commercial Promo

1

30

30"

Night

Commercial Promo

1

30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Channel: Axn Sci-fi

 

 

 

 

 

 

 

 

Lenght

Time Slot

Note

Promo per timeslot

Days per month

30"

Morning

Commercial Promo

0

0

30"

Day

Commercial Promo

0

0

30"

Prime

Commercial Promo

1

30

30"

Second Prime

Commercial Promo

1

30

30"

Night

Commercial Promo

1

30

Schedule G
Technical Annex
INDEX



Licensor and Licensor contact 1

2. Licensee and Licensee contact 1

3.D 1

Additional Definitions 1



Rights granted 2

Exclusivity 2

Licensed Language 2

7.T 2


Territory 2

Term 2


Content 2

Retail platforms 3

Licensee Responsibilities 3

Licensor Obligations 4

License Fees 5

Reporting 5

Marketing Commitment 6

Advertising 7

Notices 7

14. INSURANCE 18

Content Protection System. 23

Geofiltering 23

Network Service Protection Requirements. 23

Free To Air 24

Copying and PVR 24

Internet or IPTV Simulstreaming 24

Catch-up TV 24

High-Definition Requirements 25

Mobile 25

1Introduction 35

2Description of contribution terms AXN – H3G 35

2.1 Channels subject of the Agreement and technical characteristics 35

2.2 Architecture of Network Contribution 35

3H3G Housing service in Sky Premises 35

3.1 Description and efficiency of housing service 35

3.2 Description of Sky premises used for housing service 36

3.3 Description of H3G equipments in housing 36

3.4 Security and access procedures 37

4Annex (1) – Channels subject of the Agreement and technical characteristics 37

5Annex (2)– Specifications interface and procedures about data exchange EP 38

5.1 XML Formatting 38

6Annex (3) – Personnel List H3G 40







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