ANY NEW COUNTRIES THAT DO NOT HAVE A CONTENT RATING SYSTEM ARE
ADDED TO SALES TERRITORIES AND WHAT, IF ANY, CONTENT GUIDELINES IT PROPOSES FOR
SUCH COUNTRY.
IF, AFTER COMMERCIAL RELEASE, A SOFTWARE TITLE IS DETERMINED AS
SUITABLE FOR ADULTS ONLY OR OTHERWISE AS INDECENT, OBSCENE OR OTHERWISE
PROHIBITED BY LAW, THE PUBLISHER SHALL AT ITS OWN COSTS RECALL ALL FPUS.
PUBLISHER HEREBY REPRESENTS AND WARRANTS THAT ANY ONLINE GAME FEATURES AND OTHER
GAME-RELATED ONLINE CONTENT NOT INCLUDED IN THE INITIAL SOFTWARE TITLE FPU WILL
NOT BE INCONSISTENT WITH THE CONTENT RATING (OR, IN THOSE COUNTRIES THAT DO NOT
UTILIZE A CONTENT RATING SYSTEM, WITH THE OVERALL NATURE OF THE CONTENT) OF THE
UNDERLYING SOFTWARE TITLE.
CONTENT RATING INFORMATION AND REQUIREMENTS MAY BE
FURTHER DESCRIBED IN THE XBOX 360 PUBLISHER GUIDE.
4.5
PUBLISHER TESTING.
PUBLISHER SHALL PERFORM ITS OWN TESTING OF THE
SOFTWARE TITLE AND FPUS AND SHALL KEEP WRITTEN OR ELECTRONIC RECORDS OF SUCH
TESTING DURING THE TERM OF THIS AGREEMENT AND FOR NO LESS THAN **** THEREAFTER
("TEST RECORDS")
UPON MICROSOFT'S REASONABLE ADVANCE WRITTEN REQUEST,
PUBLISHER SHALL PROVIDE MICROSOFT WITH COPIES OF, OR REASONABLE ACCESS TO
INSPECT, THE TEST RECORDS, FPUS AND SOFTWARE TITLE (EITHER IN PRE-COMMERCIAL
RELEASE OR COMMERCIAL RELEASE VERSIONS, AS MICROSOFT MAY REQUEST IN WRITING).
4.6
MUTUAL APPROVAL REQUIRED.
PUBLISHER SHALL NOT DISTRIBUTE THE
SOFTWARE TITLE, NOR MANUFACTURE ANY FPU INTENDED FOR DISTRIBUTION, UNLESS AND
UNTIL MICROSOFT HAS GIVEN ITS FINAL APPROVAL AND RELEASE FROM CERTIFICATION
VERSION OF THE SOFTWARE TITLE AND BOTH PARTIES HAVE APPROVED THE FPU IN WRITING.
4.7
TITLE UPDATES
4.7.1
ALL TITLE UPDATES FOR SOFTWARE TITLES ARE SUBJECT TO APPROVAL BY
MICROSOFT.
PUBLISHER MAY RELEASE ONE TITLE UPDATE PER SOFTWARE TITLE FREE OF
CHARGE.
ANY ADDITIONAL TITLE UPDATES PROPOSED BY PUBLISHER MAY BE SUBJECT TO A
REASONABLE CHARGE.
4.7.2
MICROSOFT MAY REQUIRE PUBLISHER TO DEVELOP AND PROVIDE A TITLE
UPDATE IF (A) A SOFTWARE TITLE OR ONLINE CONTENT ADVERSELY AFFECTS XBOX LIVE,
(B) IF A CHANGE TO THE XBOX 360 PUBLISHER GUIDE REQUIRES A TITLE UPDATE, (C) IF
CERTIFICATION IS REVOKED FOR ONLINE CONTENT, OR (D) FOR ANY OTHER REASON AT
MICROSOFT'S REASONABLE DISCRETION.
MICROSOFT WILL NOT CHARGE PUBLISHER FOR THE
CERTIFICATION, HOSTING, AND DISTRIBUTION OF TITLE UPDATES TO XBOX LIVE USERS FOR
THE FIRST TITLE UPDATE (IF ANY) PER SOFTWARE TITLE OR ONLINE CONTENT REQUIRED BY
A SPECIFIC CHANGE IN THE XBOX 360 PUBLISHER GUIDE OR FOR ANY OTHER REASON AT
MICROSOFT'S REASONABLE DISCRETION.
MICROSOFT RESERVES THE RIGHT TO CHARGE
PUBLISHER A REASONABLE FEE TO OFFSET THE COSTS ASSOCIATED WITH THE
CERTIFICATION, HOSTING, AND DISTRIBUTION OF TITLE UPDATES TO XBOX LIVE USERS
THAT ARE REQUIRED BECAUSE OF REVOCATION OF CERTIFICATION OR A SOFTWARE TITLE OR
ONLINE CONTENT ADVERSELY AFFECTING XBOX LIVE.
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
5
5.
XBOX 360 PUBLISHER GUIDE
Publisher acknowledges that the Xbox 360 Publisher Guide is an evolving document
and subject to change during the term of this Agreement.
Publisher agrees to be
bound by all