FOR DISTRIBUTION IN THE EUROPEAN SALES TERRITORY,
UTILIZE A DIFFERENT PROCESS OR COMPANY FOR THE COMBINATION OF A FPU WITH
PACKAGING MATERIALS PROVIDED THAT SUCH PACKAGING PROCESS INCORPORATES THE BTS
AND OTHERWISE COMPLIES WITH THE XBOX 360 PUBLISHER GUIDE.
PUBLISHER SHALL
NOTIFY MICROSOFT REGARDING ITS USE OF SUCH PROCESS OR COMPANY SO THAT THE
PARTIES MAY PROPERLY COORDINATE THEIR ACTIVITIES AND APPROVALS.
TO THE EXTENT
THAT MICROSOFT IS UNABLE TO ACCOMMODATE SUCH PROCESSES OR COMPANY, PUBLISHER
SHALL MODIFY ITS OPERATIONS TO COMPLY WITH MICROSOFT'S REQUIREMENTS.
7.9
SECURITY.
MICROSOFT HAS THE RIGHT TO ADD TO THE FINAL RELEASE
VERSION OF THE SOFTWARE TITLE DELIVERED BY PUBLISHER TO MICROSOFT, AND TO ALL
FPUS, SUCH DIGITAL SIGNATURE TECHNOLOGY AND OTHER SECURITY TECHNOLOGY AND
COPYRIGHT MANAGEMENT INFORMATION (COLLECTIVELY, "SECURITY TECHNOLOGY") AS
MICROSOFT MAY DETERMINE TO BE NECESSARY, AND/OR MICROSOFT MAY MODIFY THE
SIGNATURE INCLUDED IN ANY SECURITY TECHNOLOGY INCLUDED IN THE SOFTWARE TITLE BY
PUBLISHER AT MICROSOFT'S DISCRETION.
ADDITIONALLY, MICROSOFT MAY ADD SECURITY
TECHNOLOGY THAT PROHIBITS THE PLAY OF SOFTWARE TITLES ON XBOX 360 UNITS
MANUFACTURED IN A REGION OR COUNTRY DIFFERENT FROM THE LOCATION OF MANUFACTURE
OF THE RESPECTIVE FPUS OR THAT HAVE BEEN MODIFIED IN ANY MANNER NOT AUTHORIZED
BY MICROSOFT.
7.10
DEMO VERSIONS.
IF PUBLISHER WISHES TO DISTRIBUTE A DEMO VERSION IN
FPU FORMAT, PUBLISHER MUST OBTAIN MICROSOFT'S PRIOR WRITTEN APPROVAL AND
MICROSOFT MAY CHARGE A REASONABLE FEE TO OFFSET COSTS OF THE CERTIFICATION.
SUBJECT TO THE TERMS OF THE XBOX 360 PUBLISHER GUIDE, SUCH DEMO VERSION(S) MAY
BE PLACED ON A SINGLE DISC, EITHER AS A STAND-ALONE OR WITH OTHER DEMO VERSIONS
AND THE PRICE OF SUCH UNITS MUST BE **** OR ITS EQUIVALENT IN LOCAL CURRENCY.
UNLESS SEPARATELY ADDRESSED IN THE XBOX 360 PUBLISHER GUIDE, ALL RIGHTS,
OBLIGATIONS AND APPROVALS SET FORTH IN THIS AGREEMENT AS APPLYING TO SOFTWARE
TITLES SHALL SEPARATELY APPLY TO ANY DEMO VERSION.
****.
IF PUBLISHERS WISHES
TO DISTRIBUTE A DEMO VERSIONS IN AN
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
8
ONLINE DOWNLOADABLE FORMAT, SUCH DOWNLOADABLE DEMO VERSION SHALL BE DISTRIBUTED
VIA BY MICROSOFT XBOX LIVE IN ACCORDANCE WITH SECTION 10.3, AND SUCH
DOWNLOADABLE DEMO VERSION WILL BE SUBJECT TO ALL OTHER TERMS AND POLICIES
APPLICABLE TO ONLINE CONTENT SET FORTH HEREIN AND IN THE XBOX 360 PUBLISHER
GUIDE.
8.
PAYMENTS
The Parties shall make payments to each other under the terms of Exhibit 1.
Microsoft hereby acknowledges and agrees that Publisher makes no representation
or warranty regarding the amount of sales of the Software Title(s) and/or Online
Content or the amount of royalties to be received in connection therewith.
9.
MARKETING, SALES AND SUPPORT
9.1
PUBLISHER RESPONSIBLE.
AS BETWEEN MICROSOFT AND PUBLISHER,
PUBLISHER IS SOLELY RESPONSIBLE FOR THE MARKETING AND SALES OF THE SOFTWARE
TITLE.
PUBLISHER IS ALSO SOLELY RESPONSIBLE FOR PROVIDING TECHNICAL AND ALL
OTHER SUPPORT RELATING TO THE FPUS (INCLUDING FOR XBOX LIVE USERS OF ONLINE
CONTENT).
PUBLISHER SHALL PROVIDE ALL APPROPRIATE CONTACT INFORMATION
(INCLUDING WITHOUT LIMITATION PUBLISHER'S ADDRESS AND TELEPHONE NUMBER, AND THE