SMI Game Play. Means Game Play that was or is, in the past, present or the future, either owned, patented, trade dressed, copyrighted (registered or unregistered), trademarked (registered or unregistered), leased, sold, distributed, licensed or otherwise placed, in the past, present or in the future by SMI, or for which SMI has at least exclusive commercialization rights for legal casino gaming venues or other lawful gaming establishments in any form in at least one country in the world or in at least one
... State in the United States ("Exclusive Commercialization Rights"); provided that (i) any Game Play, which in the future, becomes either owned, patented, copyrighted (registered or unregistered), trademarked (registered or unregistered), leased, sold or licensed by SMI, or for which SMI obtains Exclusive Commercialization Rights shall become an SMI Game Play (it being understood however, that SMI has no obligation (x) to remove any Progressive Systems from a third party provider on such Game Play, (y) to terminate any agreement regarding a Progressive System from a third party provider on such Game Play, or (z) to make royalty payments to PGIC regarding a Progressive System from a third party provider on such Game Play); and (ii) any SMI Game Play which SMI subsequently either no longer owns, leases, distributes, licenses or has Exclusive Commercialization Rights, and to which SMI has lost all of its Intellectua1 Property rights to throughout the world (whether by transfer, expiration or invalidation) shall, as of such time, no longer be considered a SMI Game Play (it being understood however, that any PGIC System already installed or otherwise in use on any such SMI Game Play that ceases to be an SMI Game Play and which is generating revenue shall continue as if it is still an SMI Game Play until such PGIC System is removed). SMI Game Play does not include any Game Play of any of the Purchased Table Games.
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