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The United States of America, petitioner, v. Motion Picture Patents Company and others, defendants (1912)

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92 ORIGINAL PETITION^ EXHIBIT 5. to keep accurate books of account and to permit the Licensor to determine through Messrs. Price, Waterhouse & Company, or any other reputable chartered accountants to be agreed upon by the parties hereto, the number of such exhibiting or projecting machines sold by the Licensee while this agreement is in effect, if the Licensor should so desire. (5) The Licensee further covenants and agrees that each and every motion picture exhibiting or projecting machine capable of exhibiting or projecting by transmitted light, motion pictures on a film of a width greater than approximately one inch (1^0? ^^^ embodying one or more of the inventions described and claimed in the said United States Letters Patent Nos. 578185, 580749, 586953, 588916, 673329, 673992, 707934, 722382, 744251, 770937, 771280, 785205, and 785237 made in the United States, its territories or possessions by the Licensee, shall be sold by the Licensee, except when sold for export, under the restriction and condition that such exhibiting or projecting machines, shall be used solely for exhibiting or projecting motion pictures containing the invention of reissued Letters Patent No. 12192, leased by a Licensee of the Licensor while it owns said patents, and upon other terms to be fixed by the Licensor and complied with by the user while the said machine is in use and while the Licensor owns said patents (which other terms shall only be the payment of a royalty or rental to the Licensor while in use). The Licensor further covenants and agrees that the Licensee will attach in a conspicuous place to each and every such exhibiting or projecting machine of the Licensee's manufacture, sold by the Licensee, except for export, after the date hereof, a plate showing plainly not only the dates of the letters patent under which the said machine is licensed, but also the following words and figures: Serial No: Patented. No. The sale and purchase of this machine gives only the right to use it solely with moving pictures containing the invention of reissued patent No. 12192, leased by a licensee