PUBLISHER.
PUBLISHER WARRANTS AND REPRESENTS THAT:
15.1.1
IT HAS THE FULL POWER TO ENTER INTO THIS AGREEMENT;
15.1.2
IT HAS OBTAINED AND WILL MAINTAIN ALL NECESSARY RIGHTS AND
PERMISSIONS FOR ITS AND MICROSOFT'S USE OF THE SOFTWARE TITLE, FPUS, MARKETING
MATERIALS, ONLINE CONTENT, ALL INFORMATION, DATA, LOGOS, AND SOFTWARE OR OTHER
MATERIALS PROVIDED TO MICROSOFT AND/OR MADE AVAILABLE TO XBOX LIVE USERS VIA
XBOX LIVE (EXCLUDING THOSE PORTIONS THAT CONSIST OF THE LICENSED TRADEMARKS,
SECURITY TECHNOLOGY AND REDISTRIBUTABLE COMPONENTS OF THE SO-CALLED "XDK" IN THE
FORM AS DELIVERED TO PUBLISHER BY MICROSOFT PURSUANT TO AN XDK LICENSE)
(COLLECTIVELY, THE "PUBLISHER CONTENT"), AND THAT ALL PUBLISHER CONTENT COMPLIES
WITH ALL LAWS AND REGULATIONS, AND DOES NOT AND WILL NOT INFRINGE UPON OR
MISAPPROPRIATE ANY THIRD PARTY TRADE SECRETS, COPYRIGHTS, TRADEMARKS, PATENTS,
PUBLICITY, PRIVACY OR OTHER PROPRIETARY RIGHTS.
15.1.3
IT SHALL COMPLY WITH ALL LAWS, REGULATIONS, INDUSTRY CONTENT RATING
REQUIREMENTS AND ADMINISTRATIVE ORDERS AND REQUIREMENTS WITHIN ANY APPLICABLE
SALES TERRITORY RELATING TO THE DISTRIBUTION, SALE AND MARKETING OF THE SOFTWARE
TITLE, AND SHALL KEEP IN FORCE ALL NECESSARY LICENSES, PERMITS, REGISTRATIONS,
APPROVALS AND/OR EXEMPTIONS THROUGHOUT THE TERM OF THIS AGREEMENT AND FOR SO
LONG AS IT IS DISTRIBUTING, SELLING OR MARKETING THE SOFTWARE TITLE IN ANY
APPLICABLE SALES TERRITORY.
15.1.4
THE SOFTWARE TITLE, ONLINE CONTENT AND/OR INFORMATION, DATA, LOGOS
AND SOFTWARE OR OTHER MATERIALS PROVIDED TO MICROSOFT AND /OR MADE AVAILABLE TO
XBOX LIVE USERS VIA XBOX LIVE, DO NOT AND SHALL NOT CONTAIN ANY MESSAGES, DATA,
IMAGES OR PROGRAMS THAT ARE, BY LAW, DEFAMATORY, OBSCENE OR PORNOGRAPHIC, OR IN
ANY WAY VIOLATE ANY APPLICABLE LAWS OR INDUSTRY CONTENT RATING REQUIREMENTS
(INCLUDING WITHOUT LIMITATION LAWS OF PRIVACY) OF THE APPLICABLE SALES
TERRITORY(IES) WHERE THE SOFTWARE TITLE IS MARKETED AND/OR DISTRIBUTED.
15.1.5
THE ONLINE CONTENT SHALL NOT HARVEST OR OTHERWISE COLLECT
INFORMATION ABOUT XBOX LIVE USERS, INCLUDING E-MAIL ADDRESSES, WITHOUT THE XBOX
LIVE USERS' EXPRESS CONSENT; AND THE ONLINE CONTENT SHALL NOT LINK TO ANY
UNSOLICITED COMMUNICATION SENT TO ANY THIRD PARTY.
15.2
MICROSOFT.
MICROSOFT WARRANTS AND REPRESENTS THAT:
13
15.2.1
IT HAS THE FULL POWER TO ENTER INTO THIS AGREEMENT AND IT HAS NOT
PREVIOUSLY AND WILL NOT GRANT ANY RIGHTS TO ANY THIRD PARTY THAT ARE
INCONSISTENT WITH THE RIGHTS GRANTED TO PUBLISHER HEREIN;
15.3
DISCLAIMER.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION 15,
MICROSOFT PROVIDES ALL MATERIALS (INCLUDING WITHOUT LIMITATION THE SECURITY
TECHNOLOGY) AND SERVICES HEREUNDER ON AN "AS IS" BASIS, AND MICROSOFT DISCLAIMS
ALL OTHER WARRANTIES UNDER THE APPLICABLE LAWS OF ANY COUNTRY, EXPRESS OR
IMPLIED, REGARDING THE MATERIALS AND SERVICES IT PROVIDES HEREUNDER, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
WARRANTY OF FREEDOM FROM COMPUTER VIRUSES.
WITHOUT LIMITATION, MICROSOFT
PROVIDES NO WARRANTY OF NON-INFRINGEMENT.
15.4
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT,
ITS AFFILIATES, LICENSORS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER,
RELATING TO THIS AGREEMENT