TiVo 2011 Annual Report Download - page 121

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AT&T Patent-In-Suit, AT&T Related Patent, TiVo Patent-In-Suit, or TiVo Related Patent, as applicable, “implementations of the
Advanced Television Field” will be deemed to include any system, apparatus, method, or process that would, in the absence of a
license, directly or indirectly infringe such Licensed Patent.
1.3. “ Affiliate” means, with respect to a given Person (the “ Subject Person”), any other Person that now or hereafter
controls, is under the control of, or is under common control with the Subject Person, where control means direct or indirect
ownership or control of more than fifty percent (50%) of the Voting Power of another Person. A Person will be deemed to be an
Affiliate of the Subject Person under this Agreement only so long as such control exists.
1.4. “ Agreement” has the meaning given to it in the preamble of this Agreement.
1.5. “ AT&T Licensed Products” means implementations of the Advanced Television Field in the AT&T Service, including
AT&T Software for the AT&T U-verse pay television service, but excluding [*]. For avoidance of doubt, AT&T Licensed Products
specifically exclude [*].
1.6. “ AT&T Licensed Patents” means any and all Patents and Patent Applications worldwide owned or controlled by
AT&T or any of its Subsidiaries at any time during the Term that are applicable to the Advanced Television Field, except any Patents
the license or release of which requires the payment of consideration to an unaffiliated Third Party. Without limiting the foregoing,
Licensed AT&T Patents shall be deemed to include: (a) U.S. Patent Nos. 5,809,492, 5,922,045, 6,118,976, 6,983,478 (collectively, the
“ AT&T Patents-In-Suit”); and (b) any continuations, continuations-in-part, divisionals, reissues, and foreign counterparts of any
AT&T Patents-In-Suit and any other Patents or Patent applications that claim priority directly or indirectly from any AT&T Patents-
In-Suit or any Patent application from which any AT&T Patents-In-Suit issued (collectively, “ AT&T Related Patents”).
1.7. “ AT&T Service” means any MVPD Service that AT&T, directly or through its Subsidiaries, makes available to end
users in the United States, including the AT&T U-verse pay television service, but excluding any product or service directly or
indirectly sold, licensed, or otherwise transferred by or on behalf of any MVPD other than AT&T or its Subsidiaries or for use in or
with any MVPD Services of any Third Party. “AT&T Service” specifically excludes any services to customers outside of the United
States.
1.8. “ AT&T Software” means end user software of AT&T or its Subsidiaries, in object code, executable, or binary form,
that is provided directly or indirectly by AT&T or its Subsidiaries to AT&T Subscribers to access video programming provided by the
AT&T Service and is not capable of accessing any MVPD Service of any Third Party or otherwise capable of accessing any video
programming distributed by Third Parties to the respective end user.
1.9. “ AT&T Subscriber” means a subscriber to the AT&T Service in the United States. Each [*] will be considered a
separate AT&T Subscriber. In addition, [*]
[*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to
the omitted portions.