TiVo 2011 Annual Report Download - page 130

for Cumulative Additional Subscribers acquired by AT&T or its Subsidiaries in any Subscriber Acquisition Transaction as set forth in
Section 4.2.
3.5. No Other Rights. No releases, rights or licenses are granted under any Patents except as expressly provided herein,
whether by implication, estoppel or otherwise. Without limiting the foregoing sentence, (i) no right to grant sublicenses is granted
under the licenses set forth this Agreement; and (ii) no right or license is granted under any copyrights, trademarks, mask work rights,
or trade secret rights of either Party or any of its Subsidiaries. Notwithstanding anything to the contrary in this Agreement, no releases,
licenses, or other right whatsoever are granted or conveyed by TiVo or any of its Subsidiaries with respect to any MVPD or MVPD
Services other than the AT&T Service or for any products supplied directly or indirectly to or for any MVPD or MVPD Services other
than the AT&T Service.
3.6. Marking. During the Term, each Party shall mark any products manufactured and shipped for use in the United States
under the licenses granted in Sections 3.1 and 3.2 above (as applicable) in a commercially reasonable manner with a statement that the
product is licensed under [*] TiVo Licensed Patents or [*] AT&T Licensed Patents (as applicable), in each case as soon as reasonably
possible and in any event not later than [*] after receipt of written notice from the other Party specifying the applicable Patents (as
updated by written notice from time to time). The obligations under this Section 3.6 may be satisfied by fixing on such products the
word ‘patent’ or the abbreviation ‘pat.’ together with an address of a posting on the Internet, accessible to the public without charge
for accessing the address, that associates the patented article with the number of the patent as permitted under 35 U.S.C. § 287(a). For
purposes of clarification, neither Party will be in breach of this Section 3.6 if it is unable to include any such required marking on
products that were manufactured prior to [*] after the applicable written notice under this Section 3.6.
3.7. Patent Challenges.
(a) So long as the license granted in Section 3.1 remains in effect and the respective TiVo Licensed Patent has not
been asserted after the Effective Date against AT&T or its Subsidiaries or with respect to their respective products or services, AT&T
and its Subsidiaries shall not directly or indirectly make or cause to be made, or participate or assist in making, any Patent Challenge
with respect to any TiVo Licensed Patents. If either AT&T or any of its Subsidiaries breaches this Section 3.7(a), TiVo shall notify
AT&T in writing of such breach and AT&T shall have [*] to cure the breach (if possible). If AT&T fails to cure the breach by the end
of this period, TiVo shall be entitled to terminate the license granted in Section 3.1 with respect to the Patent(s) subject to the Patent
Challenge, and pursue all other remedies available at law or equity.
(b) So long as the license granted in Section 3.2 remains in effect and the respective AT&T Licensed Patent has
not been asserted after the Effective Date against TiVo or its Subsidiaries or with respect to their respective products or services, TiVo
and its Subsidiaries shall not directly or indirectly make or cause to be made, or participate or assist in making, any
[*]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.