REASONABLE EFFORTS TO PROVIDE ALL NECESSARY SUPPORT FOR SUCH ONLINE
GAME FEATURE DURING ITS AVAILABILITY AND FOR **** AFTER DISCONTINUATION IN
ACCORDANCE WITH PUBLISHER'S STANDARD SUPPORT SERVICES.
FOLLOWING THE MINIMUM
COMMITMENT PERIOD, PUBLISHER MAY TERMINATE MICROSOFT'S LICENSE ASSOCIATED WITH
SUCH ONLINE GAME FEATURE UPON **** PRIOR WRITTEN NOTICE TO MICROSOFT; AND/OR
MICROSOFT MAY DISCONTINUE THE AVAILABILITY OF ANY OR ALL SUCH ONLINE GAME
FEATURE VIA XBOX LIVE UPON **** PRIOR WRITTEN NOTICE TO PUBLISHER.
PUBLISHER IS
RESPONSIBLE FOR COMMUNICATING THE DURATION OF ONLINE GAME FEATURE AVAILABILITY
TO XBOX LIVE USERS, AND FOR PROVIDING REASONABLE ADVANCE NOTICE TO XBOX LIVE
USERS OF ANY DISCONTINUATION OF SUCH ONLINE GAME FEATURE.
6.2.2
SUBJECT TO SECTION 10.3, PUBLISHER AGREES THAT MICROSOFT HAS THE
RIGHT TO MAKE ONLINE CONTENT OTHER THAN ONLINE GAMES FEATURES SUBMITTED BY
PUBLISHER AVAILABLE TO XBOX LIVE USERS FOR THE TERM OF THIS AGREEMENT.
PUBLISHER AGREES TO PROVIDE ALL NECESSARY SUPPORT FOR SUCH ONLINE CONTENT AS
LONG AS SUCH ONLINE CONTENT IS MADE AVAILABLE TO XBOX LIVE USERS AND FOR ****
THEREAFTER IN ACCORDANCE WITH PUBLISHER'S STANDARD SUPPORT SERVICES.
6.2.3
ARCHIVE COPIES.
PUBLISHER AGREES TO MAINTAIN, AND TO POSSESS THE
ABILITY TO SUPPORT, COPIES IN OBJECT CODE, SOURCE CODE AND SYMBOL FORMAT, OF ALL
ONLINE CONTENT AVAILABLE TO XBOX LIVE USERS DURING THE TERM OF THIS AGREEMENT
AND FOR NO LESS THAN **** THEREAFTER.
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
6
7.
MANUFACTURING
7.1
AUTHORIZED REPLICATORS.
PUBLISHER WILL USE ONLY AN AUTHORIZED
REPLICATOR TO PRODUCE FPUS.
PRIOR TO PLACING AN ORDER WITH A REPLICATOR FOR
FPUS, PUBLISHER SHALL CONFIRM WITH MICROSOFT THAT SUCH ENTITY IS AN AUTHORIZED
REPLICATOR.
MICROSOFT WILL ENDEAVOR TO KEEP AN UP-TO-DATE LIST OF AUTHORIZED
REPLICATORS IN THE XBOX 360 PUBLISHER GUIDE.
PUBLISHER WILL NOTIFY MICROSOFT IN
WRITING OF THE IDENTITY OF THE APPLICABLE AUTHORIZED REPLICATOR AND THE
AGREEMENT FOR SUCH REPLICATION SERVICES SHALL BE AS NEGOTIATED BY PUBLISHER AND
THE APPLICABLE AUTHORIZED REPLICATOR, SUBJECT TO THE REQUIREMENTS IN THIS
AGREEMENT.
PUBLISHER ACKNOWLEDGES THAT MICROSOFT MAY CHARGE THE AUTHORIZED
REPLICATOR FEES FOR RIGHTS, SERVICES OR PRODUCTS ASSOCIATED WITH THE MANUFACTURE
OF FPUS AND THAT THE AGREEMENT WITH THE AUTHORIZED REPLICATOR GRANTS MICROSOFT
THE RIGHT TO INSTRUCT THE AUTHORIZED REPLICATOR TO CEASE THE MANUFACTURE OR FPU
AND/OR PROHIBIT THE RELEASE OF FPU TO PUBLISHER OR ITS AGENTS IN THE EVENT
PUBLISHER IS IN BREACH OF THIS AGREEMENT OR ANY CREDIT ARRANGEMENT ENTERED INTO
BY MICROSOFT AND PUBLISHER OR PUBLISHER.
MICROSOFT DOES NOT GUARANTEE ANY LEVEL
OF PERFORMANCE BY THE AUTHORIZED REPLICATORS, AND MICROSOFT WILL HAVE NO
LIABILITY TO PUBLISHER FOR ANY AUTHORIZED REPLICATOR'S FAILURE TO PERFORM ITS
OBLIGATIONS UNDER ANY APPLICABLE AGREEMENT BETWEEN MICROSOFT AND SUCH AUTHORIZED
REPLICATOR AND/OR BETWEEN PUBLISHER AND SUCH AUTHORIZED REPLICATOR.
MICROSOFT
HAS NO RESPONSIBILITY FOR ENSURING THAT FPUS ARE FREE OF ALL DEFECTS.
7.2
SUBMISSIONS TO THE AUTHORIZED REPLICATOR.
MICROSOFT, AND NOT
PUBLISHER, WILL PROVIDE TO THE APPLICABLE AUTHORIZED REPLICATOR THE FINAL
RELEASE VERSION OF THE SOFTWARE TITLE AND ALL SPECIFICATIONS REQUIRED BY
MICROSOFT FOR THE