XBOX LIVE SERVER PLATFORM, HTTPS, AND XBOX LIVE WEB SERVICES ADDENDUM TO THE XBOX 360 PUBLISHER LICENSE AGREEMENT

“Hosted Content” means any content, including any Online Content or Online Game Feature, hosted and served through the Hosting Services under this Addendum.

“Hosting Services” means Publisher's service of hosting Hosted Content under this Addendum, whether performed by Publisher or a Third Party Host, including operating, maintaining, and controlling the servers necessary to provide the Hosted Content.

“HTTPS” means Hypertext Transfer Protocol Secure and enables the Hosting Services to function as an expansion to the features available from Xbox LIVE.

“IPR” means any patents, copyrights, trademarks and service marks, trade secrets, moral rights, and any other intellectual property or proprietary rights arising at any time under the laws of any jurisdiction.

“Law” means all applicable laws, rules, statutes, decrees, decisions, orders, regulations, judgments, codes, and requirements of any governmental authority (federal, state, local, or international) having jurisdiction.

“PII” means any information (including name, address, phone number, fax number, email address, social security number or other government-issued identifier, and credit card information) that identifies or can be used to identify, contact, or locate an individual or from which identification or contact information of an individual can be derived. Additionally, if any other information (e.g., a personal profile, unique identifier, biometric information, or IP address) is associated or combined with PII, then that information is also considered to be PII.

“Third Party Host” means a third party providing Hosting Services on behalf of Publisher.

“Xbox LIVE Server Platform” or “XLSP” means Microsoft's platform and server architecture that enables the Hosting Services to function as an expansion to the features available from Xbox LIVE.

“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 Hosted Content, but excluding Xbox LIVE User Communications.

“Xbox LIVE User Communications” means transient voice and text communications sent from an Xbox LIVE User to one or more Xbox LIVE Users using the Xbox LIVE service (e.g., voice chat).

“Xbox LIVE Web Services” means Microsoft's online resources and functionalities that enable Publisher (and other permitted third parties) to access Xbox LIVE and related data stored within, or accessible from, Xbox LIVE.

Standards. Publisher will host the Hosted Content and provide the Hosting Services, each in a manner that meets or exceeds standards of quality, performance, stability, and security generally accepted in the industry, as well as those specific requirements in this Addendum and in the Xbox 360 Publisher Guide.

Operation. Publisher will monitor the operation and performance of the Hosting Services; respond to technical and Xbox LIVE User inquiries; and have rules, policies, and procedures for the Hosting Services that are consistent with this Addendum and any standards that Microsoft may provide from time to time to reflect changes in industry best practices.

Reporting and technical policies. Publisher will use the communication processes stated in the Xbox 360 Publisher Guide for updating Microsoft's technical teams. In addition, Publisher will comply with the

Server capacity and load. Publisher will use commercially reasonable efforts to support all Xbox LIVE Users using its Hosting Services, including operating sufficient computing resources for traffic, and will immediately inform Microsoft of the failure of relevant Hosting Services. Publisher will not allow the load on the Hosting Services system to exceed **** of the capacity of the system, where “capacity” is defined as the maximum load which can be sustained by the system. Together with the materials that Publisher submits for Certification, Publisher will describe in writing the tools and techniques it will use in measuring the maximum capacity and load (“Tools”), which Tools must be recognizable as industry standards, and which are subject to Microsoft's advance written acceptance or rejection. Publisher will measure the load on the Hosting Services at intervals of no more than five minutes. Publisher will retain records of load measurements for no less than one week, and will make such records accessible to Microsoft on request. Should changes to the system occur that necessitate changes in the Tools, or should the capacity of the system materially increase or decrease, Publisher will inform Microsoft within ****.

Uptime. Publisher will operate (or have operated) the Hosting Services so that they have **** Uptime per month. “Uptime” means the portion of time when the system is accessible and available to Xbox LIVE Users; Uptime is calculated monthly assuming conformance with the industry standard of monitoring every five minutes. Publisher will report uptime statistics to Microsoft on request.

Server location. Publisher will locate all servers used to operate (or used in relation to operating) the Hosting Services, HTTPS or the Web Portal in ****, in accordance with the Xbox 360 Publisher Guide.

Troubleshooting and notice to Xbox LIVE Users. If the Hosting Services or the Web Portal are unable to connect to and properly interoperate with Xbox LIVE, Publisher will diligently work with Microsoft (subject to the availability of Microsoft resources, in Microsoft's discretion) to troubleshoot the problem, and Publisher will diligently work to fix any such problem. During any time in which a Software Title, any Hosted Content that uses the Hosting Services or the Web Portal is unable to establish a connection to the Hosting Services, then Publisher must display the appropriate message to the Xbox LIVE User in accordance with the Xbox 360 Publisher Guide.

Xbox LIVE family settings features. The Hosting Services, Hosted Content, and Web Portal will at all times comply with the technical certification requirements related to the family settings features of Xbox 360 and Xbox LIVE.

Limited Access. Publisher may provide the Third Party Host with access to only those portions of XLSP, HTTPS, or the Xbox LIVE Web Services that are necessary for the Third Party Host to perform the Hosting Services, and to no other portions;

Guarantee. Publisher unconditionally and irrevocably guarantees Third Party Host's performance of the applicable obligations imposed by this Agreement, and any separate Third Party Host Agreement;

Liability. Publisher will indemnify and hold Microsoft harmless from all damages or costs of any kind incurred by Microsoft or any third party and arising from or related to Third Party Host's fulfillment of, or failure to fulfill, the applicable obligations of Publisher under this Agreement, or by other actions or failures of Third Party Host ; and

Payment. ****.

Acceptance. Publisher will implement the Publisher TOU in a manner acceptable to Microsoft;

Limits on PII collection. Publisher will not collect any Xbox LIVE User's PII without first obtaining Microsoft's consent, and then Publisher may collect only the PII that is legitimately necessary for the intended purpose and may not use any such PII relating to Xbox 360 and the Xbox LIVE service in any manner outside of the Web Portal or Hosting Services;

Shared PII. Publisher will include in the Publisher TOU a clear statement that the Xbox LIVE User's PII will be shared with Microsoft, and that the copy of such PII shared with Microsoft will be governed by Microsoft's privacy statement and the Xbox LIVE terms of use;

Hyperlinks. Publisher will include in the Publisher TOU hyperlinks to the then-current, appropriately localized, version of the Xbox LIVE terms of use, privacy statement, and code of conduct (which are currently located, localized for the U.S. market, at http://privacy.microsoft.com/en- us/default.mspx, and http://www.xbox.com/enUS/Legal/CodeOfConduct); and

No conflict. Publisher will draft and maintain the Publisher TOU so that it does not conflict with the then-

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 first obtaining Microsoft's express, written, approval. If Publisher wants to make Xbox LIVE User Content available as part of Hosted Content, Publisher must provide to Microsoft a detailed description of the process and procedures Publisher will have in place regarding such Xbox LIVE User Content at least **** to the commercial release of the Title. Furthermore, Title must comply with any TCRs related to the creation and/or consumption of User Content.

Infringement. If Microsoft has approved Publisher to make Xbox LIVE User Content available as part of Hosted Content, Publisher will maintain a procedure, that complies with Law, for removing Xbox LIVE User Content in the event of an infringement claim. Microsoft may notify Publisher of any complaints related to Xbox LIVE User Content. Publisher will remove allegedly infringing Xbox LIVE User Content, no later than **** after receipt of a third party claim or notice from Microsoft. Publisher will notify Microsoft as soon as commercially practicable (and in any event no later than ****) after Publisher receives any third-party claim of infringement, which notice will also specify the steps that Publisher has taken or will take in response. To mitigate escalation of any such claim, Microsoft may, in its discretion, take control of claim and be the sole source of communication to the claimant.

Violations of Xbox LIVE terms of use or code of conduct. Microsoft may, in its discretion, require Publisher to remove Xbox LIVE User Content for Xbox LIVE User violations of the Xbox Terms of Use, Code of Conduct, or both.

Action by Microsoft. If Publisher breaches this Addendum, Microsoft may, without limiting any of its other rights and remedies under this Addendum, restrict access to the Hosted Content, Web Portal, or both, and disconnect Hosting Services from Xbox LIVE. Microsoft, in its discretion, may also restrict the uploading of Xbox LIVE User Content to, restrict access to the XLSP, HTTPS, Xbox LIVE Web Services from, or require Publisher to remove Xbox LIVE User Content from, Xbox LIVE in accordance with the Xbox LIVE terms of use, privacy statement, and code of conduct.

Non-infringement. Any and all information, data, logos, software, or other materials provided to Microsoft or made available to Xbox LIVE Users via the Web Portal (including Hosted Content), and the Hosting Services, do not and will not infringe or misappropriate any third party IPR;

Compliance with Laws. The Web Portal, Hosted Content, and Hosting Services do not and will not contain any messages, data, images, or programs that are, by Law, defamatory, obscene, or pornographic, or in any way violate any applicable Law (including Laws of privacy) of the territory where the Hosted Content is distributed or hosted;

Personal information and privacy. The Web Portal, Hosted Content, and the Hosting Services do not harvest or otherwise collect information about Xbox LIVE Users, including e-mail addresses, and the Web Portal, Hosted Content, and the Hosting Services do not link to any unsolicited communication sent to any third party;

Variance from approved Concept. It will not serve any Hosted Content that is not approved in the Title's Concept; and

User generated content. It 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 or misappropriate any third party IPR.

Term and Termination. This Addendum is coterminous with the PLA, will be deemed terminated when the PLA terminates, and will be deemed to have expired when the PLA expires. Microsoft may suspend performance or terminate this Addendum and Publisher's access to and use of Xbox LIVE Web Services, HTTPS, and XLSP immediately on notice at any time:

If Publisher has breached this Addendum (other than confidentiality provisions) and fails to cure that breach within **** after receiving notice;

If Publisher has breached confidentiality provisions of this Addendum;

If any action or failure to act of Publisher, in Microsoft's determination, will negatively affect the quality, performance, stability, or security of any Microsoft system; or

On **** notice by Microsoft, for any reason or no reason.

Effect of Termination. Upon termination or expiration of this Addendum, Publisher will continue to support existing Hosted Content until the earlier of: (1) ****; or (2) ****. Additionally, Publisher will continue to support any event-based Hosted Content that started before such termination or expiration. To the extent Publisher has support obligations pursuant to this Section 16(b) following termination or expiration, all of Publisher's obligations under this Agreement will continue to apply. If Publisher's use of Xbox LIVE Web Services, HTTPS, or XLSP is terminated due to Publisher's failure to comply with this Addendum, then Microsoft has the right to immediately terminate the availability of the Web Portal and Hosted Content and require that the operation of Hosting Services and Xbox LIVE Web Services immediately cease, and all Microsoft software or materials be immediately returned to Microsoft. . Termination of this Addendum will not terminate the PLA. The following will survive termination or expiration: Sections 1, 7, 8(c), 13, 14, 15, 16(b), 17, and all definitions in other sections.