AND/OR MARKETING MATERIALS APPROVAL (SECTION
4.1.4) AND SUBMIT SUCH SOFTWARE TITLE TO MICROSOFT ONLY FOR CERTIFICATION
APPROVAL.
THIS OPTION IS REFERRED TO HEREIN AS THE "EU APPROVAL OPTION."
THE
EU APPROVAL OPTION APPLIES SOLELY TO DISTRIBUTION OF EUROPEAN FPUS, AND IS NOT
AVAILABLE FOR ONLINE CONTENT INTENDED TO BE AVAILABLE IN THE EUROPEAN SALES
TERRITORY.
IF PUBLISHER CHOOSES THE EU APPROVAL OPTION, PUBLISHER SHALL NOT
USE THE LICENSED TRADEMARKS ON THE EUROPEAN FPU AND THE LICENSE GRANT SET FORTH
IN SECTION 12.1 IS WITHDRAWN AS TO SUCH EUROPEAN FPU.
IN ADDITION, PUBLISHER
SHALL MAKE NO STATEMENTS IN ADVERTISING, MARKETING MATERIALS, PACKAGING, WEB
SITES OR OTHERWISE THAT THE EUROPEAN FPU IS APPROVED OR OTHERWISE SANCTIONED BY
MICROSOFT OR IS AN OFFICIAL XBOX 360 SOFTWARE TITLE.
THE EUROPEAN FPU MAY NOT
BE
4
DISTRIBUTED OUTSIDE THE EUROPEAN SALES TERRITORY WITHOUT COMPLYING WITH ALL
TERMS OF THIS AGREEMENT CONCERNING APPROVALS AND THE RELEASE OF THE FPU AS
DEEMED RELEVANT BY MICROSOFT.
MICROSOFT MAY PROVIDE ADDITIONAL INFORMATION IN
THE XBOX 360 PUBLISHER GUIDE REGARDING THE EUROPEAN APPROVAL OPTION.
NOTWITHSTANDING PUBLISHER'S CHOICE OF THE EU APPROVAL OPTION, ALL OTHER PORTIONS
OF THIS AGREEMENT OTHER THAN THOSE SPECIFICALLY IDENTIFIED ABOVE SHALL REMAIN IN
EFFECT.
4.3
RESUBMISSIONS AND ADDITIONAL REVIEW.
IF A SOFTWARE TITLE OR
ONLINE CONTENT FAILS CERTIFICATION, AND IF PUBLISHER HAS MADE GOOD FAITH EFFORTS
TO ADDRESS ANY ISSUES RAISED BY MICROSOFT, MICROSOFT WILL GIVE PUBLISHER THE
OPPORTUNITY TO RESUBMIT SUCH SOFTWARE TITLE OR ONLINE CONTENT FOR
CERTIFICATION.
MICROSOFT MAY CHARGE PUBLISHER A REASONABLE FEE DESIGNED TO
OFFSET THE COSTS ASSOCIATED WITH TESTING UPON RESUBMISSION.
PUBLISHER MAY
REQUEST THE ABILITY TO SUBMIT VERSIONS OF THE SOFTWARE TITLE OR ONLINE CONTENT
AT STAGES OF DEVELOPMENT OTHER THAN AS IDENTIFIED ABOVE FOR REVIEW AND FEEDBACK
BY MICROSOFT.
SUCH REVIEW IS WITHIN THE DISCRETION OF MICROSOFT AND MAY REQUIRE
THE PAYMENT OF REASONABLE FEES BY PUBLISHER TO OFFSET THE COSTS ASSOCIATED WITH
THE REVIEW OF SUCH SOFTWARE TITLES OR ONLINE CONTENT.
4.4
CONTENT RATING.
FOR THOSE SALES TERRITORIES THAT UTILIZE A
CONTENT RATING SYSTEM, MICROSOFT WILL NOT ACCEPT SUBMISSION OF A SOFTWARE TITLE
FOR CERTIFICATION APPROVAL UNLESS AND UNTIL PUBLISHER HAS OBTAINED, AT
PUBLISHER'S SOLE COST, A RATING NOT HIGHER THAN "MATURE (17+)" OR ITS EQUIVALENT
FROM THE APPROPRIATE RATING BODIES AND/OR ANY AND ALL OTHER INDEPENDENT CONTENT
RATING AUTHORITY/AUTHORITIES FOR THE APPLICABLE SALES TERRITORY(IES) REASONABLY
DESIGNATED BY MICROSOFT (SUCH AS ESRB, ELSPA, CERO, ETC.).
PUBLISHER SHALL
INCLUDE THE APPLICABLE RATING(S) PROMINENTLY ON FPUS AND MARKETING MATERIALS, IN
ACCORDANCE WITH THE APPLICABLE RATING BODY GUIDELINES, AND SHALL INCLUDE THE
APPLICABLE RATING IN A HEADER FILE OF THE SOFTWARE TITLE AND IN ONLINE CONTENT,
AS DESCRIBED IN THE XBOX 360 PUBLISHER GUIDE.
FOR THOSE SALES TERRITORIES THAT
DO NOT UTILIZE A CONTENT RATING SYSTEM, MICROSOFT WILL NOT APPROVE ANY SOFTWARE
TITLE OR ONLINE CONTENT THAT, IN ITS OPINION, CONTAINS EXCESSIVE SEXUAL CONTENT
OR VIOLENCE, INAPPROPRIATE LANGUAGE OR OTHER ELEMENTS DEEMED UNSUITABLE FOR THE
XBOX 360. MICROSOFT WILL PROVIDE THQ ADVANCED NOTICE VIA THE XBOX 360 PUBLISHER
GUIDE WHENEVER