RATING FROM THE ESRB; A "PEGI 3+" OR "PEGI 7+"
RATING IN EUROPE, AN "A: ALL AGES" RATING FROM CERO IN JAPAN AND/OR AN
EQUIVALENT RATING IN THE APPLICABLE SALES TERRITORY (TO THE EXTENT SOFTWARE
TITLES ARE RATED BY REGULATORY BOARDS WITHIN THE APPLICABLE SALES TERRITORY);
AND (II) IS CHARACTER BASED AND/OR APPEALS, AS DETERMINED BY MICROSOFT IN ITS
SOLE GOOD FAITH DISCRETION, TO CHILDREN 12 YEARS OF AGE AND YOUNGER.
NOTWITHSTANDING THE FOREGOING, ANNUAL SPORTS TITLES WILL NOT QUALIFY AS A FAMILY
HIT.
MICROSOFT CONFIDENTIAL
1.4.3
"HIT(S) FPU" MEANS EACH UNIT OF A SOFTWARE TITLE
THAT IS QUALIFIED AND PARTICIPATING IN A HITS PROGRAM.
1.4.4
"HITS PROGRAM(S)" MEAN XBOX 360 PLATINUM OR CLASSIC
HITS AND/OR THE XBOX 360 FAMILY HITS PROGRAMS.
1.4.5
"HITS SOFTWARE TITLE" MEANS ANY SOFTWARE TITLE THAT
QUALIFIES TO PARTICIPATE IN THE HITS PROGRAM PURSUANT TO SECTION 2 OF EXHIBIT 1
ATTACHED HERETO.
1.4.6
"STANDARD FPU" MEANS AN FPU OF A SOFTWARE TITLE
THAT IS NOT A HITS FPU.
1.4.7
"STANDARD SOFTWARE TITLE" MEANS ANY SOFTWARE TITLE
THAT IS NOT A HITS SOFTWARE TITLE OR AN EXPANSION PACK.
1.4.8
"THRESHOLD PRICE" MEANS THE WHOLESALE PRICE (WSP)
IN THE CASE OF THE NORTH AMERICAN, EUROPEAN, AND ASIAN SALES TERRITORIES, OR
SUGGESTED RETAIL PRICE (SRP) IN THE JAPAN SALES TERRITORY AT WHICH PUBLISHER
INTENDS TO SELL THE SOFTWARE TITLE.
IF THE SOFTWARE TITLE IS BUNDLED WITH ANY
OTHER PRODUCT OR SERVICE THAT IS NOT ANOTHER SOFTWARE TITLE, THE THRESHOLD PRICE
WILL BE THE APPLICABLE WSP OR SRP FOR THE ENTIRE BUNDLE.
1.5
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN
THIS AMENDMENT, CAPITALIZED TERMS SHALL HAVE THE SAME MEANINGS AS THOSE ASCRIBED
TO THEM IN THE XBOX 360 PLA.
2.
TERM
SECTION 17.1 OF THE XBOX 360 PLA IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY
AS FOLLOWS:
"17.1
TERM.
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE
EFFECTIVE DATE AND SHALL CONTINUE UNTIL [****].
UNLESS ONE PARTY GIVES THE
OTHER NOTICE OF NON-RENEWAL WITHIN [****] OF THE END OF THE THEN-CURRENT TERM,
THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE [****] TERMS."
3.
PRE-CERTIFICATION
SECTION 4.1.2 OF THE XBOX 360 PLA IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY
AS FOLLOWS:
"4.1.2
PRE-CERTIFICATION.
IF THE CONCEPT IS APPROVED, PUBLISHER MAY, AT
PUBLISHER'S OPTION, DELIVER TO MICROSOFT A CODE-COMPLETE VERSION OF THE SOFTWARE
TITLE OR ONLINE CONTENT THAT INCLUDES ALL CURRENT FEATURES OF THE SOFTWARE TITLE
AND SUCH OTHER CONTENT AS MAY BE REQUIRED UNDER THE XBOX 360 PUBLISHER GUIDE.
UPON RECEIPT THEREOF AND PAYMENT BY PUBLISHER OF THE APPLICABLE
PRE-CERTIFICATION FEE AS SET FORTH IN THE XBOX 360 PUBLISHER GUIDE, MICROSOFT
SHALL CONDUCT TECHNICAL SCREEN AND/OR OTHER TESTING OF THE SOFTWARE TITLE OR
ONLINE CONTENT CONSISTENT WITH THE XBOX 360 PUBLISHER GUIDE AND WILL
SUBSEQUENTLY PROVIDE PUBLISHER WITH ADVISORY FEEDBACK REGARDING SUCH TESTING."
4.
EXHIBITS
4.1
EXHIBITS 1, 2 AND 3 OF THE XBOX 360 PLA ARE
HEREBY AMENDED AND RESTATED IN THEIR ENTIRETY AS ATTACHED HERETO. EXHIBIT 6
(JAPAN/ASIAN ROYALTY INCENTIVE PROGRAM) OF THE XBOX 360 PLA