provisions contained in the then-applicable version of the Xbox 360
Publisher Guide. Publisher agrees that upon Publisher's receipt of notice of
availability of the applicable supplement, revision, or updated version of the
Xbox 360 Publisher Guide (which may be via a publisher newsletter or other
electronic notification), Publisher shall be bound by all provisions of the Xbox
360 Publisher Guide as supplemented, revised, or updated.
Publisher's continued
distribution of FPUs after a notice of supplement, revision or update that is
included in the Xbox 360 Publisher Guide or made available to Publisher
constitutes Publisher's agreement to the then-current Xbox 360 Publisher Guide
as supplemented, revised or updated.
Microsoft will specify in each such
supplement, revision or update a reasonable effective date of each change if
such change is not required to be effective immediately.
Only with respect to a
Software Title that has passed Pre-Certification prior to the applicable
revision or update, Publisher will not be obligated to comply with any changes
made to the technical or content requirements for Software Titles in the Xbox
360 Publisher Guide, except in circumstances where such change is deemed by
Microsoft to be vitally important to the success of the Xbox 360 platform (e.g.
changes due to piracy, technical failure) or will not add significant expense to
the Software Title's development.
In addition, changes made in Branding
Specifications or other Marketing Materials requirements will be effective as to
a Software Title that has passed Certification only on a "going forward" basis
(i.e., only to such Marketing Materials and/or FPUs as are manufactured after
Microsoft notifies Publisher of the change).
Notwithstanding the foregoing,
Publisher shall comply with such changes to the Xbox 360 Publisher Guide related
to Branding Specifications or other Marketing Materials requirements
retroactively if Microsoft agrees to pay for Publisher's direct, out-of-pocket
expenses necessarily incurred as a result of its retrospective compliance with
the change.
6.
POST-RELEASE COMPLIANCE
6.1
CORRECTION OF BUGS OR ERRORS.
NOTWITHSTANDING MICROSOFT'S
CERTIFICATION, ALL SOFTWARE TITLES MUST REMAIN IN COMPLIANCE WITH ALL
CERTIFICATION REQUIREMENTS AND REQUIREMENTS SET FORTH IN THE XBOX 360 PUBLISHER
GUIDE ON A CONTINUING AND ONGOING BASIS.
PUBLISHER MUST MAKE COMMERCIALLY
REASONABLE EFFORTS TO CORRECT ANY MATERIAL PROGRAM BUGS OR ERRORS IN CONFORMANCE
WITH THE XBOX 360 PUBLISHER GUIDE WHENEVER DISCOVERED AND PUBLISHER AGREES TO
CORRECT SUCH MATERIAL BUGS AND ERRORS AS SOON AS POSSIBLE AFTER DISCOVERY.
WITH
RESPECT TO BUGS OR ERRORS DISCOVERED AFTER COMMERCIAL RELEASE OF THE APPLICABLE
SOFTWARE TITLE, PUBLISHER WILL, AT MICROSOFT'S WRITTEN REQUEST OR ALLOWANCE,
CORRECT THE BUG OR ERROR IN ALL FPUS MANUFACTURED AFTER DISCOVERY AND MICROSOFT
MAY CHARGE A REASONABLE AMOUNT TO COVER THE COSTS OF CERTIFYING THE SOFTWARE
TITLE AGAIN.
6.2
ONLINE CONTENT; MINIMUM COMMITMENT
6.2.1
PUBLISHER AGREES THAT EACH ONLINE GAME FEATURE OF A SOFTWARE TITLE
WILL BE MADE AVAILABLE VIA XBOX LIVE FOR AT LEAST **** FOLLOWING THE RESPECTIVE
COMMERCIAL RELEASE OF THE FPUS OF THE SOFTWARE TITLE IN EACH SALES TERRITORY IN
WHICH XBOX LIVE IS AVAILABLE (THE "MINIMUM COMMITMENT").
PUBLISHER SHALL USE
COMMERCIALLY