XBOX 360 PLA).
ADDITIONALLY, PUBLISHER SHALL CONTINUE TO
SUPPORT ANY EVENT-BASED PUBLISHER HOSTED ONLINE CONTENT THAT STARTED BEFORE
TERMINATION OR EXPIRATION.
TO THE EXTENT PUBLISHER HAS SUPPORT OBLIGATIONS
PURSUANT TO THIS SECTION 8.2 FOLLOWING TERMINATION OR EXPIRATION, ALL OF
PUBLISHER'S OBLIGATIONS UNDER THIS XLSP ADDENDUM WILL CONTINUE TO APPLY. IF THIS
XLSP ADDENDUM IS TERMINATED DUE TO PUBLISHER'S BREACH, THEN MICROSOFT HAS THE
RIGHT TO IMMEDIATELY TERMINATE THE AVAILABILITY OF THE PUBLISHER HOSTED ONLINE
CONTENT AND REQUIRE THAT THE OPERATION OF PUBLISHER HOSTING SERVICES IMMEDIATELY
CEASE, AND ALL MICROSOFT SOFTWARE OR MATERIALS BE IMMEDIATELY RETURNED TO
MICROSOFT.
8.3
SURVIVAL.
THE FOLLOWING SECTIONS OF THIS
XLSP ADDENDUM SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS XLSP ADDENDUM:
9
AND 10.
OTHER SECTIONS SHALL SURVIVE IN ACCORDANCE WITH THEIR TERMS.
9.
WARRANTIES
In addition to the warranties set forth in the Xbox 360 PLA, Publisher
additionally warrants and represents that:
9.1
ANY AND ALL INFORMATION, DATA, LOGOS,
SOFTWARE OR OTHER MATERIALS PROVIDED TO MICROSOFT AND/OR MADE AVAILABLE TO XBOX
LIVE USERS VIA PUBLISHER HOSTED ONLINE CONTENT OR THE PUBLISHER HOSTING SERVICES
COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS AND DOES NOT AND WILL NOT
INFRINGE UPON OR MISAPPROPRIATE ANY THIRD PARTY TRADE SECRETS, COPYRIGHTS,
TRADEMARKS, PATENTS, PUBLICITY, PRIVACY OR OTHER PROPRIETARY RIGHTS.
9.2
THE PUBLISHER HOSTED ONLINE CONTENT AND THE
PUBLISHER HOSTING SERVICES DO NOT AND WILL NOT CONTAIN ANY MESSAGES, DATA,
IMAGES OR PROGRAMS WHICH ARE, BY LAW, DEFAMATORY, OBSCENE OR PORNOGRAPHIC, OR IN
ANY WAY VIOLATE ANY APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION LAWS OF
PRIVACY) OF THE APPLICABLE ONLINE TERRITORY(IES).
9.3
THE PUBLISHER HOSTED ONLINE CONTENT AND THE
PUBLISHER HOSTING SERVICES DO NOT HARVEST OR OTHERWISE COLLECT INFORMATION ABOUT
XBOX LIVE USERS, INCLUDING E-MAIL ADDRESSES, AND THE PUBLISHER HOSTED ONLINE
CONTENT AND THE PUBLISHER HOSTING SERVICES DO NOT LINK TO ANY UNSOLICITED
COMMUNICATION SENT TO ANY THIRD PARTY.
9.4
PUBLISHER WILL NOT SERVE ANY PUBLISHER
HOSTED ONLINE CONTENT THAT IS NOT APPROVED IN THE SOFTWARE TITLE'S CONCEPT.
9.5
PUBLISHER HAS OBTAINED ALL NECESSARY RIGHTS
AND PERMISSIONS FOR ITS AND MICROSOFT'S USE OF THE XBOX LIVE USER CONTENT AND
THE XBOX LIVE USER CONTENT DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF
ANY THIRD PARTY.
10.
INDEMNIFICATION
The indemnification obligations of the parties under the Xbox 360 PLA extends to
any breach by either party of its warranties, representations or covenants set
forth in this XLSP Addendum.
With regard to the Publisher Hosting Services,
Publisher's warranties, representation, covenants and indemnification
obligations apply regardless of whether or not Publisher has engaged a Third
Party Host to perform all or any of the Publisher Hosting Services.
5
Publisher's indemnity obligation applies to any third party claims arising out
of Microsoft's use of the Xbox Live User Content.
11.
SUB-PUBLISHING
Publisher may enter into sub-publishing arrangements as provided for in the Xbox
360 PLA with respect to Software Titles subject to this XLSP Addendum, provided
that Publisher remains in control of and responsible for the operations of all
Publisher Hosted Online Content and Publisher