APPLICABLE INDIVIDUAL/GROUP RESPONSIBLE FOR CUSTOMER SUPPORT), AND SHALL ALSO
PROVIDE ALL SUCH INFORMATION TO MICROSOFT FOR POSTING ON , OR
SUCH SUCCESSOR OR RELATED WEB SITE IDENTIFIED BY MICROSOFT OR IN XBOX LIVE.
CUSTOMER SUPPORT SHALL AT ALL TIMES CONFORM TO THE CUSTOMER SERVICE REQUIREMENTS
SET FORTH IN THE XBOX 360 PUBLISHER GUIDE AND INDUSTRY STANDARDS IN THE CONSOLE
GAME INDUSTRY.
9.2
WARRANTY.
PUBLISHER SHALL PROVIDE THE ORIGINAL END USER OF ANY
FPU A MINIMUM WARRANTY IN ACCORDANCE WITH LOCAL LAWS AND INDUSTRY PRACTICES.
FOR EXAMPLE, IN THE UNITED STATES, PUBLISHER SHALL, AS OF THE EFFECTIVE DATE,
PROVIDE A MINIMUM **** LIMITED WARRANTY THAT THE FPU WILL NOT BE DEFECTIVE OR
PUBLISHER WILL REFUND THE PURCHASE PRICE OR PROVIDE A REPLACEMENT FPU AT NO
CHARGE.
PUBLISHER MAY OFFER ADDITIONAL WARRANTY COVERAGE CONSISTENT WITH THE
TRADITIONS AND PRACTICES OF VIDEO GAME CONSOLE GAME PUBLISHERS WITHIN THE
APPLICABLE SALES TERRITORY OR AS OTHERWISE REQUIRED BY LOCAL LAW.
9.3
RECALL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, IF THERE IS A MATERIAL DEFECT IN A SOFTWARE TITLE AND/OR ANY
FPUS, WHICH DEFECT IN THE REASONABLE JUDGMENT OF MICROSOFT WOULD SIGNIFICANTLY
IMPAIR THE ABILITY OF AN END USER TO PLAY SUCH SOFTWARE TITLE OR FPU OR WOULD
ADVERSELY AFFECT THE GAMEPLAY OF THE XBOX 360 OR XBOX LIVE, MICROSOFT SHALL
PROVIDE PUBLISHER WITH WRITTEN NOTICE THEREOF AND THE PARTIES SHALL WORK IN GOOD
FAITH TO RESOLVE ANY ISSUES WITHOUT RESORTING TO A RECALL. HOWEVER, IF SUCH
ISSUES CANNOT BE RESOLVED BY THE PARTIES, ACTING IN GOOD FAITH, WITHIN A
COMMERCIALLY REASONABLE TIME PERIOD UNDER THE CIRCUMSTANCES, MICROSOFT MAY
REQUIRE PUBLISHER TO RECALL FPUS AND UNDERTAKE PROMPT REPAIR OR REPLACEMENT OF
SUCH SOFTWARE TITLE AND/OR FPUS.
9.4
NO BUNDLING WITH UNAPPROVED PERIPHERALS, PRODUCTS OR SOFTWARE.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, PUBLISHER SHALL NOT MARKET OR
DISTRIBUTE A FPU BUNDLED WITH ANY OTHER PRODUCT OR SERVICE, NOR SHALL PUBLISHER
KNOWINGLY PERMIT OR ASSIST ANY THIRD PARTY IN SUCH BUNDLING, WITHOUT MICROSOFT'S
PRIOR WRITTEN CONSENT.
PUBLISHER MAY MARKET OR DISTRIBUTE (I) FPU BUNDLED WITH
A SOFTWARE TITLE(S) THAT HAS BEEN PREVIOUSLY CERTIFIED AND RELEASED BY MICROSOFT
FOR MANUFACTURING; OR (II) FPU BUNDLED WITH A PERIPHERAL PRODUCT (E.G. GAME
PADS) THAT HAS BEEN PREVIOUSLY LICENSED AS AN "XBOX 360 LICENSED PERIPHERAL" BY
MICROSOFT, WITHOUT OBTAINING THE WRITTEN PERMISSION OF MICROSOFT.
PUBLISHER
SHALL CONTACT MICROSOFT IN ADVANCE TO CONFIRM THAT THE PERIPHERAL OR SOFTWARE
TITLE TO BE BUNDLED HAS PREVIOUSLY BEEN APPROVED BY MICROSOFT PURSUANT TO A
VALID LICENSE, SUCH CONFIRMATION NOT TO BE UNREASONABLY WITHHELD OR DELAYED BY
MICROSOFT.
9.5
SOFTWARE TITLE LICENSE.
PUBLISHER GRANTS MICROSOFT A FULLY-PAID,
ROYALTY-FREE, WORLDWIDE, NON-EXCLUSIVE LICENSE (I) TO PUBLICLY PERFORM THE
SOFTWARE TITLES AT CONVENTIONS, EVENTS, TRADE SHOWS, PRESS BRIEFINGS, PUBLIC
INTERACTIVE DISPLAYS AND THE LIKE; (II) TO USE THE TITLE OF THE SOFTWARE TITLE,
AND SCREEN SHOTS FROM THE SOFTWARE TITLE, IN ADVERTISING AND PROMOTIONAL
MATERIAL RELATING TO XBOX 360 AND RELATED MICROSOFT PRODUCTS AND SERVICES, AS
MICROSOFT MAY REASONABLY DEEM APPROPRIATE, SUBJECT TO PUBLISHER'S PRIOR WRITTEN