HAVE UPTIME OF **** PER MONTH, WHERE UPTIME IS DEFINED
AS THE PORTION OF TIME WHEN THE SYSTEM IS ACCESSIBLE AND AVAILABLE TO XBOX LIVE
USERS.
UPTIME WILL BE CALCULATED ON A MONTHLY BASIS ASSUMING CONFORMANCE WITH
THE INDUSTRY STANDARD OF MONITORING UPTIME EVERY ****.
PUBLISHER WILL REPORT
THE UPTIME STATISTICS TO MICROSOFT UPON REQUEST.
SCHEDULED MAINTENANCE DONE
PURSUANT TO SECTION 5.3.2 ABOVE MAY BE DEDUCTED WHEN CALCULATING UPTIME.
5.3.4
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 THIS XLSP
ADDENDUM, RESPONSIBLE FOR SERVING AS MICROSOFT'S LIAISON, PERFORMING PUBLISHER'S
OBLIGATIONS UNDER THIS AGREEMENT, AND SERVING AS PRIMARY CONTACT TO MICROSOFT.
5.3.5
SERVER LOCATION.
PUBLISHER MUST LOCATE ALL SERVERS
USED TO OPERATE THE PUBLISHER HOSTING SERVICES IN APPROVED TERRITORIES AS
PROVIDED FOR IN THE XBOX 360 PUBLISHER GUIDE.
5.3.6
TROUBLESHOOTING; NOTICE TO USERS.
IF THE PUBLISHER
HOSTING SERVICES ARE UNABLE TO ESTABLISH A CONNECTION TO XBOX LIVE, THEN
PUBLISHER WILL WORK WITH MICROSOFT TO TROUBLESHOOT THE CAUSE OF THE PROBLEM AND
DILIGENTLY WORK TO FIX ANY SUCH PROBLEM.
DURING ANY TIME IN WHICH A SOFTWARE
TITLE OR ANY PUBLISHER HOSTED ONLINE CONTENT USING THE PUBLISHER HOSTING
SERVICES ARE UNABLE TO ESTABLISH A CONNECTION TO THE PUBLISHER HOSTING SERVICES,
THEN PUBLISHER WILL DISPLAY THE APPROPRIATE MESSAGE TO THE XBOX LIVE USER IN
ACCORDANCE WITH THE XBOX 360 PUBLISHER GUIDE.
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
3
5.4
Customer Support.
As set forth in the Xbox
360 PLA, as between Microsoft and Publisher, Publisher is solely responsible for
providing customer support to Xbox Live Users for Publisher Hosted Online
Content and Publisher Hosting Services.
Except as expressly set forth herein,
Publisher acknowledges and agrees that Microsoft has no support responsibilities
whatsoever to Xbox Live Users for the Publisher Hosted Online Content and
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 (when reasonably necessary) 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.
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