PICTURES" AND ANY OTHER APPROVED ONLINE CONTENT WILL
BE FURTHER DESCRIBED IN THE XBOX 360 PUBLISHER GUIDE.
2.20
"ONLINE GAME FEATURES" MEANS A SOFTWARE TITLE'S CONTENT, FEATURES
AND/OR SERVICES THAT ARE AVAILABLE TO XBOX LIVE USERS VIA XBOX LIVE, WHETHER
INCLUDED IN THE SOFTWARE TITLE'S FPU OR OTHERWISE DISTRIBUTED VIA XBOX LIVE.
2.21
"PACKAGING MATERIALS" MEANS ART AND MECHANICAL FORMATS FOR A
SOFTWARE TITLE INCLUDING THE RETAIL PACKAGING, END USER INSTRUCTION MANUAL WITH
END USER LICENSE AGREEMENT AND WARRANTIES, END USER WARNINGS, FPU MEDIA LABEL,
AND ANY PROMOTIONAL INSERTS AND OTHER MATERIALS THAT ARE TO BE INCLUDED IN THE
RETAIL PACKAGING.
2
2.22
"PRE-CERTIFICATION" MEANS THE FIRST STAGE OF THE APPROVAL PROCESS
WHEREIN MICROSOFT TESTS TO PROVIDE FEEDBACK AND/OR IDENTIFY ANY ISSUES THAT MAY
PREVENT THE SOFTWARE TITLE FROM BEING APPROVED DURING THE CERTIFICATION PHASE.
PRE-CERTIFICATION IS FURTHER DESCRIBED IN THIS AGREEMENT AND THE XBOX 360
PUBLISHER GUIDE.
2.23
"SALES TERRITORY" MEANS THE ASIAN SALES TERRITORY, EUROPEAN SALES
TERRITORY, JAPAN SALES TERRITORY, AND/OR NORTH AMERICAN SALES TERRITORY.
2.24
"SOFTWARE TITLE" MEANS THE SINGLE SOFTWARE PRODUCT AS APPROVED BY
MICROSOFT FOR USE ON XBOX 360, INCLUDING ANY TITLE UPDATES THERETO (IF AND TO
THE EXTENT APPROVED BY MICROSOFT) AND ALL ONLINE GAME FEATURES FOR SUCH SOFTWARE
TITLE.
IF MICROSOFT APPROVES ONE OR MORE ADDITIONAL SINGLE SOFTWARE PRODUCT(S)
PROPOSED BY PUBLISHER TO RUN ON XBOX 360, THIS AGREEMENT, AND THE TERM "SOFTWARE
TITLE," WILL BE BROADENED AUTOMATICALLY TO COVER THE RESPECTIVE NEW SOFTWARE
PRODUCT(S) AS ADDITIONAL SOFTWARE TITLE(S) UNDER THIS AGREEMENT.
2.25
"SUBSCRIBER" MEANS AN XBOX LIVE USER THAT ESTABLISHES AN ACCOUNT
WITH XBOX LIVE.
2.26
"SUB-PUBLISHER" MEANS AN ENTITY THAT HAS A VALID XBOX 360 PUBLISHER
LICENSE AGREEMENT WITH MICROSOFT OR A MICROSOFT AFFILIATE AND WITH WHOM
PUBLISHER HAS ENTERED AN AGREEMENT TO ALLOW SUCH ENTITY TO PUBLISH A SOFTWARE
TITLE OR ONLINE CONTENT IN SPECIFIC SALES TERRITORIES.
2.27
"SUGGESTED RETAIL PRICE" MEANS THE HIGHEST PER UNIT PRICE THAT
PUBLISHER OR ITS AGENT RECOMMENDS THE FPU BE MADE COMMERCIALLY AVAILABLE TO
END-USERS IN A PARTICULAR SALES TERRITORY.
IF THE SUGGESTED RETAIL PRICE OF A
PARTICULAR SOFTWARE TITLE VARIES AMONG THE COUNTRIES IN A SINGLE SALES
TERRITORY, THEN THE HIGHEST SUGGESTED RETAIL PRICE ESTABLISHED FOR ANY OF THE
COUNTRIES WILL BE USED TO DETERMINE THE APPROPRIATE ROYALTY FEES FOR THE ENTIRE
SALES TERRITORY.
2.28
"TITLE UPDATE" MEANS AN UPDATE, UPGRADE, OR TECHNICAL FIX TO A
SOFTWARE TITLE THAT XBOX LIVE USERS CAN AUTOMATICALLY DOWNLOAD TO THE XBOX LIVE
USER'S XBOX 360.
2.29
"WHOLESALE PRICE" MEANS THE HIGHEST PER UNIT PRICE THAT PUBLISHER
CHARGES RETAILERS AND/OR DISTRIBUTORS IN BONA FIDE THIRD PARTY TRANSACTIONS FOR
THE RIGHT TO DISTRIBUTE AND SELL
THE SOFTWARE TITLE WITHIN A SALES TERRITORY,
IT BEING AGREED THAT (I) ANY TRANSACTIONS INVOLVING AFFILIATES OF PUBLISHER
(ENTITIES CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL OF, PUBLISHER) ARE
NOT TO BE CONSIDERED IN DETERMINING THE WHOLESALE PRICE; (II) IF PUBLISHER
ENTERS INTO AN AGREEMENT WITH A THIRD PARTY (SUCH AS
A SUB-PUBLISHER) PROVIDING
THE THIRD PARTY WITH THE EXCLUSIVE RIGHT TO