TiVo 2011 Annual Report Download - page 126

losses, damages, or liability of any kind and nature, at law, in equity, or otherwise, known and unknown, with respect to infringement
(whether direct or indirect and whether or not willful) of the TiVo Licensed Patents by the particular units of products supplied
directly or indirectly by such AT&T Supplier to AT&T and its Subsidiaries prior to Effective Date for use in the AT&T U-verse pay
television service solely to the extent that such infringement would have been licensed under this Agreement if it had occurred after
the Effective Date; and
(c) AT&T Subscribers to the AT&T Service prior to the Effective Date from any and all claims, losses, damages,
or liability of any kind and nature, at law, in equity, or otherwise, known and unknown, with respect to infringement (whether direct or
indirect and whether or not willful) of the TiVo Licensed Patents by use of AT&T Licensed Products prior to the Effective Date for
the AT&T Service solely to the extent that such infringement would have been licensed under this Agreement if it had occurred after
the Effective Date.
For the avoidance of doubt, no release or discharge is provided under this Section 2.1 with respect to any claim of infringement of any
Patent that is not a TiVo Licensed Patent or for any activity that would be outside of the scope of the licenses granted to AT&T and its
Subsidiaries under this Agreement if conducted after the Effective Date. Notwithstanding anything to the contrary, no release, license
or other rights of any kind are granted to any AT&T Supplier (including Microsoft) with respect to any units of products (i) used, sold,
or otherwise distributed directly or indirectly by such AT&T Supplier other than to AT&T or its Subsidiaries or (ii) otherwise sold,
distributed, or used outside of the AT&T Service.
2.2. AT&T Limited Release. AT&T, on behalf of itself and its Current Subsidiaries, hereby irrevocably release and forever
discharge:
(a) TiVo and its Current Subsidiaries and their respective agents, representatives, officers, employees, directors
and attorneys in their capacity as such, from any and all claims, losses, damages, or liability of any kind and nature, at law, in equity,
or otherwise, known and unknown, with respect to infringement (whether direct or indirect and whether or not willful) of the AT&T
Licensed Patents solely to the extent that such infringement would have been licensed under this Agreement if it had occurred after the
Effective Date;
(b) direct and indirect suppliers of products to TiVo and its Current Subsidiaries for TiVo Licensed Products (“
TiVo Suppliers”) from any and all claims, losses, damages, or liability of any kind and nature, at law, in equity, or otherwise, known
and unknown, with respect to infringement (whether direct or indirect and whether or not willful) of the AT&T Licensed Patents by
the particular units of products supplied by such TiVo Supplier directly or indirectly to TiVo and its Subsidiaries prior to Effective
Date for use in TiVo Licensed Products solely to the extent that such infringement would have been licensed under this Agreement if
it had occurred after the Effective Date; and
(c) customers of TiVo Licensed Products prior to the Effective Date from any and all claims, losses, damages, or
liability of any kind and nature, at law, in equity, or otherwise,
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