SUCH SERVICES OR CONTENT
ARE MADE AVAILABLE. PUBLISHER MAY BE REQUIRED TO PROVIDE MICROSOFT WITH
INFORMATION INCLUDING LEGAL OPINIONS 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.
5.7
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 THESE XLSP
TERMS, RESPONSIBLE FOR SERVING AS MICROSOFT'S LIAISON, PERFORMING PUBLISHER'S
OBLIGATIONS UNDER THIS AGREEMENT, AND SERVING AS PRIMARY CONTACT TO MICROSOFT.
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 SOFTWARE TITLE WITHOUT MICROSOFT'S EXPRESS APPROVAL. IF
PUBLISHER WANTS TO MAKE XBOX LIVE USER CONTENT AVAILABLE AS PART OF PUBLISHER
HOSTED ONLINE CONTENT, PUBLISHER WILL PROVIDE TO MICROSOFT A DETAILED
DESCRIPTION OF THE PROCESS AND PROCEDURES PUBLISHER WILL HAVE IN PLACE REGARDING
SUCH XBOX LIVE USER CONTENT.
6.2
CLAIM OF INFRINGEMENT. IF MICROSOFT HAS
APPROVED PUBLISHER ALLOWING XBOX LIVE USER CONTENT, PUBLISHER SHALL MAINTAIN A
PROCEDURE FOR REMOVING XBOX LIVE USER CONTENT IN THE EVENT OF A CLAIM OF
INFRINGEMENT, WHICH PROCEDURE SHALL COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS. MICROSOFT MAY NOTIFY PUBLISHER OF ANY COMPLAINTS MICROSOFT RECEIVES
RELATED TO XBOX LIVE USER CONTENT. PUBLISHER SHALL REMOVE ALLEGEDLY INFRINGING
XBOX LIVE USER CONTENT UPON RECEIPT OF A THIRD PARTY CLAIM OR NOTICE FROM
MICROSOFT, BUT IN ANY EVENT NO LATER THAN FORTY-EIGHT (48) HOURS AFTER RECEIPT
OF SUCH CLAIM. PUBLISHER AGREES TO NOTIFY MICROSOFT AS SOON AS COMMERCIALLY
REASONABLE (AND IN ANY EVENT NO LATER THAN FORTY-EIGHT (48) HOURS AFTER RECEIPT)
OF ANY SUCH CLAIMS OF INFRINGEMENT AND TO UPDATE MICROSOFT AS TO STEPS TAKEN IN
RESPONSE THERETO. IN ORDER TO MITIGATE ESCALATION OF ANY SUCH CLAIMS, MICROSOFT
MAY IN ITS GOOD FAITH DISCRETION AND, IN CONSULTATION WITH PUBLISHER, TAKE
CONTROL OVER ANY SUCH CLAIM AND BE THE SOLE SOURCE OF COMMUNICATIONS TO THE
CLAIMANT.
6.3
ADDITIONAL CIRCUMSTANCES FOR REMOVAL OF XBOX
LIVE USER CONTENT. MICROSOFT MAY IN ITS DISCRETION REQUEST THAT XBOX LIVE USER
CONTENT BE REMOVED BY PUBLISHER PURSUANT TO THE PROCEDURES DESCRIBED ABOVE FOR
XBOX LIVE USER VIOLATIONS OF THE XBOX TERMS OF USE AND/OR CODE OF CONDUCT.
7.
ACTION BY MICROSOFT
In the event Publisher fails to perform any of its obligations under these 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