SOFTWARE TITLE WITHOUT MICROSOFT'S EXPRESS APPROVAL.
IF
PUBLISHER WANTS TO MAKE XBOX LIVE USER CONTENT AVAILABLE AS PART OF PUBLISHER
HOSTED ONLINE CONTENT, PUBLISHER WILL PROVIDE TO MICROSOFT A DETAILED
DESCRIPTION OF THE PROCESS AND PROCEDURES PUBLISHER WILL HAVE IN PLACE REGARDING
SUCH XBOX LIVE USER CONTENT.
6.2
CLAIM OF INFRINGEMENT.
IF MICROSOFT HAS
APPROVED PUBLISHER ALLOWING XBOX LIVE USER CONTENT, PUBLISHER SHALL MAINTAIN A
PROCEDURE FOR REMOVING XBOX LIVE USER CONTENT IN THE EVENT OF A GOOD FAITH CLAIM
OF INFRINGEMENT PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND
OTHER APPLICABLE LAWS AND REGULATIONS.
MICROSOFT MAY NOTIFY PUBLISHER OF ANY
COMPLAINTS MICROSOFT RECEIVES RELATED TO XBOX LIVE USER CONTENT.
PUBLISHER
SHALL REMOVE ALLEGEDLY INFRINGING XBOX LIVE USER CONTENT UPON RECEIPT OF A GOOD
FAITH THIRD PARTY CLAIM OF INFRINGEMENT IN COMPLIANCE WITH THE DMCA (OR OTHER
APPLICABLE LAWS AND REGULATIONS) OR UPON NOTICE FROM MICROSOFT, BUT NO LATER
THAN FORTY-EIGHT (48) HOURS IN THE EVENT PUBLISHER DOES NOT OR IS NOT ABLE TO
RECTIFY ANY SUCH CLAIM WITHIN THE FORTY-EIGHT (48) HOUR PERIOD.
PUBLISHER
AGREES TO NOTIFY MICROSOFT AS SOON AS COMMERCIALLY REASONABLE (AND IN ANY EVENT
NO LATER THAN FORTY-EIGHT (48) HOURS AFTER RECEIPT) OF ANY SUCH CLAIMS OF
INFRINGEMENT AND TO UPDATE MICROSOFT AS TO STEPS TAKEN IN RESPONSE THERETO.
IN
ORDER TO MITIGATE ESCALATION OF ANY SUCH CLAIMS, MICROSOFT MAY IN ITS GOOD FAITH
DISCRETION REMOVE SUCH CONTENT ACCORDING TO MICROSOFT'S STANDARD PROCEDURE FOR
COMPLIANCE WITH THE DMCA AND OTHER APPLICABLE LAWS AND REGULATIONS.
6.3
ADDITIONAL CIRCUMSTANCES FOR REMOVAL OF XBOX
LIVE USER CONTENT.
MICROSOFT MAY IN ITS DISCRETION REQUEST THAT XBOX LIVE USER
CONTENT BE REMOVED BY PUBLISHER PURSUANT TO THE PROCEDURES DESCRIBED ABOVE FOR
XBOX LIVE USER VIOLATIONS OF THE MICROSOFT'S TERMS OF USE AND/OR CODE OF
CONDUCT.
7.
ACTION BY MICROSOFT
In the event Publisher fails to perform any of its obligations under this XLSP
Addendum, including failure to conform to the approved Concept for the Software
Title and/or Publisher Hosting Services, Microsoft has the right, without
limiting any of its other rights and remedies under the Agreement, to restrict
access to the Publisher Hosted Online Content and disconnect Publisher Hosting
Services from Xbox Live.
Microsoft, in its discretion, may restrict the
uploading of Xbox Live User Content to, or require Publisher to remove Xbox Live
User Content from, Xbox Live in accordance with the Xbox Live Terms of Use, the
Xbox Live Privacy Policy and the Xbox Live Code of Conduct.
4
8.
TERM AND TERMINATION
8.1
TERM.
THE TERM OF THIS XLSP ADDENDUM IS THE
SAME AS SET FORTH IN THE XBOX 360 PLA.
8.2
EFFECT OF TERMINATION.
UPON TERMINATION OR
EXPIRATION OF THE XBOX 360 PLA AND/OR THIS XLSP ADDENDUM, PUBLISHER SHALL
CONTINUE TO SUPPORT EXISTING PUBLISHER HOSTED ONLINE CONTENT UNTIL THE EARLIER
OF (1) THE END OF THE FINISHED PRODUCT UNIT SELL-OFF PERIOD AS SET FORTH IN THE
XBOX 360 PLA, OR (2) THE END OF THE MINIMUM COMMITMENT TERM FOR ONLINE CONTENT
(AS DEFINED IN THE