with a statement, together
with payment for any amount shown thereby to be due to Publisher, within ****.
7.
MODIFICATIONS TO XBOX 360 LIVE AND PDLC
INCENTIVE PROGRAM
IN THE EVENT THAT MICROSOFT CHANGES THE XBOX LIVE SUBSCRIPTION MODEL IN A WAY
THAT IMPACTS THE SUBSCRIPTION REVENUE ON A PER PAYING SUBSCRIBER BASIS BY MORE
THAN ****, MICROSOFT MAY CHANGE OR DISCONTINUE THE XBOX LIVE AND PDLC INCENTIVE
PROGRAM BY PROVIDING PUBLISHER WITH **** ADVANCE NOTICE.
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
5
EXHIBIT 8
XBOX 360 HITS ROYALTY TIER MIGRATION FORM
PLEASE COMPLETE THE BELOW INFORMATION, SIGN THE FORM, AND FAX IT TO MICROSOFT AT
+1 (425) 708-2300 TO THE ATTENTION OF MICROSOFT LICENSING, GP (MSLI) AND YOUR
ACCOUNT MANAGER.
NOTES:
·
THIS FORM MUST BE SUBMITTED AT LEAST **** PRIOR TO THE FIRST
MANUFACTURING ORDER TO WHICH PUBLISHER DESIRES THE NEW BASE ROYALTY TO APPLY FOR
EACH RESPECTIVE SALES TERRITORY.
·
A HITS SOFTWARE TITLE MAY NOT CHANGE ROYALTIES TIERS UNTIL AFTER
IT HAS BEEN IN THE HITS PROGRAM FOR AT LEAST ****.
·
A SEPARATE FORM MUST BE SUBMITTED FOR EACH SALES TERRITORY IN
WHICH PUBLISHER DESIRES TO CHANGE THE APPLICABLE BASE ROYALTY.
1.
Publisher Name:
2.
Xbox 360 Software Title Name:
3.
XMID Number:
4.
Sales Territory (check one; Hits Tier 2 not available in the European Sales
Territory):
North American Sales Territory
Japan Sales Territory
Asia Sales Territory
5.
Date of First Commercial Release:
7.
Current royalty tier:
****
8.
Select New Royalty Tier:
****
The undersigned represents that he/she has authority to submit this form on
behalf of the above publisher, and that the information contained herein is true
and accurate.
By (sign)
Name, Title (Print)
E-Mail Address (for confirmation of receipt)
Date (Print mm/dd/yy)
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
6
EXHIBIT 9
XLSP TERMS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO PUBLISHER'S USE OF THE XBOX LIVE
SERVER PLATFORM ("XLSP TERMS"):
1.
DEFINITIONS
1.1
"PUBLISHER HOSTED ONLINE CONTENT" MEANS ANY
CONTENT, INCLUDING WITHOUT LIMITATION ANY ONLINE CONTENT, THAT IS HOSTED AND
SERVED THROUGH THE PUBLISHER HOSTING SERVICES.
1.2
"PUBLISHER HOSTING SERVICES" MEANS
PUBLISHER'S HOSTING OF PUBLISHER HOSTED ONLINE CONTENT PURSUANT TO THESE XLSP
TERMS, WHETHER PERFORMED BY PUBLISHER OR A THIRD PARTY HOST, INCLUDING
OPERATING, MAINTAINING AND CONTROLLING THE SERVERS NECESSARY FOR THE PROVISION
OF PUBLISHER HOSTED ONLINE CONTENT.
1.3
"THIRD PARTY HOST" MEANS A THIRD PARTY
PROVIDING PUBLISHER HOSTING SERVICES ON BEHALF OF PUBLISHER.
1.4
"XBOX LIVE SERVER PLATFORM" OR "XLSP" MEANS
MICROSOFT'S PLATFORM AND/OR SERVER ARCHITECTURE WHICH ENABLES THE PUBLISHER
HOSTING SERVICES TO FUNCTION AS AN EXPANSION TO THE FEATURES AVAILABLE FROM THE
XBOX LIVE SERVICE.
1.5
"XBOX LIVE USER CONTENT" MEANS ANY CONTENT
THAT ORIGINATES FROM XBOX LIVE USERS IN ANY FORMAT AND THAT IS PUBLISHED THROUGH
OR AS PART OF ANY PUBLISHER HOSTED ONLINE CONTENT, BUT EXCLUDING XBOX LIVE USER
COMMUNICATIONS.
1.6
"XBOX LIVE USER COMMUNICATIONS" MEANS
TRANSIENT VOICE AND TEXT COMMUNICATIONS SENT FROM