SPONSORSHIP, ASSOCIATION, APPROVAL OR ENDORSEMENT MIGHT BE SUGGESTED BY THE
BUNDLING OF THE PRODUCTS OR SERVICES.
7.3
WARRANTY AND REPAIR. LICENSEE SHALL PROVIDE
THE ORIGINAL CONSUMER WITH A MINIMUM ONE HUNDRED EIGHTY (180) DAY (OR SUCH
LONGER MINIMUM PERIOD AS MAY BE REQUIRED BY APPLICABLE LAW) LIMITED WARRANTY ON
ALL LICENSED PRODUCTS. LICENSEE SHALL ALSO PROVIDE REASONABLE PRODUCT SERVICE,
INCLUDING OUT-OF-WARRANTY SERVICE, FOR ALL LICENSED PRODUCTS.
7.4
BUSINESS FACILITIES. LICENSEE AGREES TO
DEVELOP AND MAINTAIN SUFFICIENT CUSTOMER SERVICE, EITHER DIRECTLY OR THROUGH A
THIRD PARTY, TO ADEQUATELY SUPPORT THE LICENSED PRODUCTS.
7.5
NO SALES OUTSIDE THE TERRITORY. LICENSEE
REPRESENTS AND WARRANTS THAT IT SHALL NOT MARKET, SELL, OFFER TO SELL, IMPORT OR
DISTRIBUTE THE LICENSED PRODUCTS OUTSIDE THE TERRITORY, OR WITHIN THE TERRITORY
WHEN LICENSEE HAS ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT A SUBSEQUENT DESTINATION
OF THE LICENSED PRODUCT IS OUTSIDE THE TERRITORY.
7.6
DEFECTS AND RECALL. IN THE EVENT OF A
MATERIAL PROGRAMMING DEFECT IN A LICENSED PRODUCT THAT WOULD, IN NCL'S
REASONABLE JUDGMENT, SIGNIFICANTLY IMPAIR THE ABILITY OF A CONSUMER TO PLAY THE
GAME, NCL MAY, AFTER CONSULTATION WITH LICENSEE, REQUIRE THE LICENSEE TO RECALL
THE LICENSED PRODUCT AND UNDERTAKE SUITABLE REPAIRS OR REPLACEMENTS.
7.7
NCL PROMOTIONAL MATERIALS, PUBLICATIONS AND
EVENTS. WITH A VIEW TO IMPROVING THE COMPETITIVENESS OF THE VIDEO GAME PRODUCTS
CONSISTING OF NINTENDO VIDEO GAME SYSTEMS AND SERVICES AND COMPATIBLE SOFTWARE
PUBLISHED BY LICENSEE, AT ITS OPTION, NCL MAY: (A) INSERT IN THE PRINTED
MATERIALS FOR THE LICENSED PRODUCTS PROMOTIONAL MATERIALS CONCERNING
PUBLICATIONS AND PROMOTIONS FOR SUCH VIDEO GAME PRODUCTS; (B) UTILIZE SCREEN
SHOTS, ARTWORK AND INFORMATION REGARDING THE LICENSED PRODUCTS IN NINTENDO
PUBLISHED MAGAZINES OR OTHER ADVERTISING, PROMOTIONAL OR MARKETING MEDIA WHICH
PROMOTES SUCH VIDEO GAME PRODUCTS; AND (C) EXERCISE PUBLIC PERFORMANCE RIGHTS IN
THE GAMES AND USE RELATED TRADEMARKS AND ARTWORK IN CONNECTION WITH NCL
SPONSORED CONTESTS, TOURS, CONVENTIONS, TRADE SHOWS, PRESS BRIEFINGS AND SIMILAR
EVENTS WHICH PROMOTE SUCH VIDEO GAME PRODUCTS.
7.8
NINTENDO GATEWAY SYSTEM. TO PROMOTE AND
INCREASE DEMAND FOR GAMES ON NINTENDO VIDEO GAME SYSTEMS, NCL LICENSES A SYSTEM
(THE "NINTENDO GATEWAY SYSTEM") IN VARIOUS NON-COIN ACTIVATED COMMERCIAL
SETTINGS SUCH AS COMMERCIAL AIRLINES, CRUISE SHIPS, RAIL SYSTEMS AND HOTELS,
WHERE CUSTOMERS PLAY GAMES ON SPECIALLY ADAPTED NINTENDO VIDEO GAME SYSTEMS. IF
NCL IDENTIFIES A GAME FOR POSSIBLE LICENSE ON THE NINTENDO GATEWAY SYSTEM, THE
PARTIES AGREE TO CONDUCT GOOD FAITH NEGOTIATIONS TOWARD INCLUDING THE GAME IN
THE NINTENDO GATEWAY SYSTEM.
[***]
The portions of this document marked with three asterisks represent
confidential portions omitted and filed separately with the Securities and
Exchange Commission.
9
CONFIDENTIAL
8.
CONFIDENTIAL INFORMATION
8.1
DEFINITION. "CONFIDENTIAL INFORMATION" MEANS
INFORMATION PROVIDED TO LICENSEE BY NCL OR ANY THIRD PARTY WORKING WITH NCL OR
NOA RELATING TO THE HARDWARE AND SOFTWARE FOR THE GAME BOY ADVANCE SYSTEM OR THE
DEVELOPMENT TOO SLINC U ING, BUT NOT LIMITED TO: (A) ALL CURRENT OR FUTURE
INFORMATION, KNOW-HOW, TECHNIQUES, METHODS, INFORMATION, TOOLS, EMULATOR
HARDWARE OR SOFTWARE, SOFTWARE DEVELOPMENT SPECIFICATIONS, AND/OR TRADE SECRETS,
(B) ANY INVENTIONS, PATENTS OR PATENT APPLICATIONS,