1. DEFINITIONS. 1.1. “D-BOX Motion Code ”
Execution Version LICENSE, SERVICES AND CO-MARKETING AGREEMENT This License, Services and Co-Marketing Agreement (the “Agreement”) is entered into as of the Effective Date (as defined below) by and between D-BOX TECHNOLOGIES INC., a Canadian corporation (“D-BOX”), on one hand, and SONY PICTURES RELEASING CORPORATION, a Delaware corporation, SONY PICTURES RELEASING INTERNATIONAL CORPORATION, a California corporation, and COLUMBIA PICTURES INDUSTRIES, INC., a Delaware corporation (collectively, “Sony” or “Licensee”), on the other hand. For purposes hereof, (i) in connection with the United States, references to “Sony” will mean Sony Pictures Releasing Corporation, (ii) in connection with Canada, references to “Sony” will mean Columbia Pictures Industries, Inc., and (iii) in connection with all other parts of the Territory, references to “Sony” will mean Sony Pictures Releasing International Corporation. Additionally, where applicable, certain of Sony‟s Film-related activities will be taken by Sony‟s licensees, subdistributors or distribution agents. RECITALS A. D-BOX is the owner of certain software, known as D-BOX Motion Simulator and/or D-BOX Motion Code software (as further defined below, the “D-BOX Motion Code”) that is used to enable the D-BOX Equipment that, when conformed to and coupled with a motion picture or movie clip, creates a motion simulation system that is synchronized with onscreen action and sound for an enhanced end user experience. B. In connection with the theatrical release of the Films during the Term of this Agreement and as described herein, D-BOX shall, at no cost to Sony, license to Sony the D-BOX Motion Code created for each Film, and perform certain services in connection with each Film, in each case in accordance with the terms and conditions of this Agreement.
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