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 THE PUBLISHER HOSTED ONLINE
CONTENT AND THE PUBLISHER HOSTING SERVICES DO NOT LINK TO ANY UNSOLICITED
COMMUNICATION SENT TO ANY THIRD PARTY.
9.4
PUBLISHER WILL NOT SERVE ANY PUBLISHER
HOSTED ONLINE CONTENT THAT IS NOT APPROVED IN THE SOFTWARE TITLE'S CONCEPT.
9.5
PUBLISHER HAS OBTAINED ALL NECESSARY RIGHTS
AND PERMISSIONS FOR ITS AND MICROSOFT'S USE OF THE XBOX LIVE USER CONTENT AND
THE XBOX LIVE USER CONTENT DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF
ANY