PUBLISHER HOSTING
SERVICES.
5.5
XBOX LIVE FAMILY SETTINGS FEATURES.
PUBLISHER HOSTING SERVICES
AND PUBLISHER HOSTED ONLINE CONTENT SHALL AT ALL TIMES COMPLY WITH THE
REQUIREMENTS OF THE XBOX 360 PUBLISHER GUIDE AND THE TECHNICAL CERTIFICATION
REQUIREMENTS RELATED TO THE FAMILY SETTINGS FEATURES OF THE XBOX 360 AND XBOX
LIVE..
5.6
LAW ENFORCEMENT AND REGULATORY REQUIREMENTS.
PUBLISHER IS
RESPONSIBLE FOR ENSURING THAT THE PUBLISHER HOSTING SERVICES AND PUBLISHER
HOSTED ONLINE CONTENT COMPLY WITH ALL LEGAL AND REGULATORY REQUIREMENTS THAT
APPLY IN THE JURISDICTIONS IN WHICH SUCH SERVICES OR CONTENT ARE MADE
AVAILABLE.
PUBLISHER MAY BE REQUIRED TO PROVIDE MICROSOFT WITH INFORMATION
INCLUDING LEGAL OPINIONS TO VERIFY THAT THE PUBLISHER HOSTING SERVICES AND
PUBLISHER HOSTED ONLINE CONTENT COMPLY WITH APPLICABLE LAWS.
IN ADDITION,
PUBLISHER AGREES THAT IT WILL PROMPTLY REPLY TO AND COMPLY WITH ANY REQUESTS BY
ANY LAW ENFORCEMENT OFFICIALS REGARDING THE PUBLISHER HOSTING SERVICES OR
PUBLISHER HOSTED ONLINE CONTENT.
5.7
PUBLISHER CONTACT.
AS PROVIDED IN THE XBOX 360 PUBLISHER GUIDE,
PUBLISHER SHALL DESIGNATE AT LEAST ONE FULL-TIME EMPLOYEE AS A PRODUCT OR
PROGRAM MANAGER TO THE SERVICES CONTEMPLATED UNDER THESE XLSP TERMS, RESPONSIBLE
FOR SERVING AS MICROSOFT'S LIAISON, PERFORMING PUBLISHER'S OBLIGATIONS UNDER
THIS AGREEMENT, AND SERVING AS PRIMARY CONTACT TO MICROSOFT.
6.
XBOX LIVE USER CONTENT
6.1
MICROSOFT APPROVAL.
PUBLISHER MAY NOT ALLOW XBOX LIVE USERS TO
CREATE, SHARE OR OTHERWISE PROVIDE XBOX LIVE USER CONTENT IN CONNECTION WITH A
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 CLAIM OF INFRINGEMENT, WHICH
PROCEDURE SHALL COMPLY WITH ALL 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 THIRD PARTY CLAIM OR NOTICE FROM MICROSOFT, BUT IN ANY EVENT
NO LATER THAN [****] AFTER RECEIPT OF SUCH CLAIM.
PUBLISHER AGREES TO NOTIFY
MICROSOFT AS SOON AS COMMERCIALLY REASONABLE (AND IN ANY EVENT NO LATER THAN
[****] 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 TAKE CONTROL OVER ANY
SUCH CLAIM AND BE THE SOLE SOURCE OF COMMUNICATIONS TO THE CLAIMANT.
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 XBOX TERMS OF USE AND/OR CODE OF CONDUCT.
7.
ACTION BY MICROSOFT
In the event Publisher fails to perform any of its obligations under these