XLSP
Terms, including failure to conform to the approved Concept for the Software
Title and/or Publisher Hosting Services, Microsoft has the right, without
limiting any of its other rights and remedies under the Agreement, to restrict
access to the Publisher Hosted Online Content and disconnect Publisher Hosting
Services from Xbox Live.
Microsoft, in its discretion, may restrict the
uploading of Xbox Live User
9
Content to, or require Publisher to remove Xbox Live User Content from, Xbox
Live in accordance with the Xbox Live Terms of Use, the Xbox Live Privacy Policy
and the Xbox Live Code of Conduct.
8.
TERMINATION
8.1
TERMINATION.
IN ADDITION TO THE TERMINATION PROVISIONS OF THE
XBOX 360 PLA, MICROSOFT MAY TERMINATE PUBLISHER'S USE OF XLSP AT ANY TIME FOR
PUBLISHER'S FAILURE TO COMPLY WITH THESE XLSP TERMS.
8.2
EFFECT OF TERMINATION.
UPON TERMINATION OR EXPIRATION OF THE XBOX
360 PLA PUBLISHER SHALL CONTINUE TO SUPPORT EXISTING PUBLISHER HOSTED ONLINE
CONTENT UNTIL THE EARLIER OF (1) THE END OF THE FPU SELL-OFF PERIOD AS SET FORTH
IN THE XBOX 360 PLA, OR (2) THE END OF THE MINIMUM COMMITMENT TERM FOR ONLINE
CONTENT (AS DEFINED IN THE 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 THESE XLSP TERMS WILL CONTINUE TO APPLY. IF
PUBLISHER'S USE OF XLSP IS TERMINATED DUE TO PUBLISHER'S FAILURE TO COMPLY WITH
THESE XLSP TERMS OR PUBLISHER'S BREACH OF THE XBOX 360 PLA, 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 THESE XLSP TERMS SHALL
SURVIVE EXPIRATION OR TERMINATION OF THESE XLSP TERMS:
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 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
TERRITORY WHERE THE PUBLISHER HOSTED ONLINE CONTENT IS DISTRIBUTED OR HOSTED.
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