Limited Update Letter Agreement to Xbox 360 Publisher License Agreement between Microsoft Licensing, GP and THQ (UK) Limited (October 19, 2009)

Summary

Microsoft Licensing, GP and THQ (UK) Limited agree to temporarily update the royalty terms for specific Xbox 360 game titles distributed in Europe. For 90 days, THQ will pay a set royalty rate of €3.00 for each game sold at or below €14.49 for the listed titles. This update will be replaced by a forthcoming amendment to the main licensing agreement. Both parties must sign to accept these terms.

EX-10.37 3 a2198997zex-10_37.htm EXHIBIT 10.37

Exhibit 10.37

 

October 19, 2009

 

THQ (UK) Limited

Ground Floor, Block A, Dukes Court, Duke Street, Woking, Surrey GU21 5BH

 

Re:  Limited Update to Provide Hits Tier 2 Threshold Price and Royalty Rate to the European Sales Territory of the Xbox 360 Publisher License Agreement dated October 31, 2005.

 

Jonathan Nelson:

 

Microsoft Licensing, GP (“Microsoft”) and THQ (UK) Limited (“Publisher) agree to the following terms of this letter (“Hits Tier 2 Terms”) in connection with Publisher’s use and distribution of the Xbox 360 Software Titles listed below.  Capitalized terms used in this letter shall have the same meanings ascribed to them in the Xbox 360 Publisher Agreement referenced below and as subsequently amended (the “PLA”).   The terms of the PLA are incorporated herein by reference.

 

Solely for the Publisher’s Software Titles listed below, for the European Sales Territory Microsoft is providing a Hits Tier 2 Royalty Tier with a Threshold Price of “Up to €14.49” at Royalty Rate of €3.00.

 

This letter applies to the following Software Titles:

 

WWE Smackdown vs. Raw 2008

Saints Row

Ratatouille

Wall-E

 

This letter is applicable for 90 days from the date of signature below and will be superseded, upon signature by both parties, by the forthcoming Amendment to the Xbox 360 Publisher Licensing Agreement (Tier 2 Platinum Hits; Russian Incentive Program; Hits Program Revisions; Emerging Market Revisions).

 

Please acknowledge acceptance of the terms of this letter by signing and returning it to Microsoft at:

 

Microsoft Licensing, GP

Attn:  Xbox 3rd Party Operations

6100 Neil Road

Reno, NV  89511.

 

We look forward to working with you.

 

 

Sincerely,

 

 

 

MICROSOFT LICENSING, GP

 

 

 

/s/ Astrid B. Ford

 

By (sign)

 

 

 

Astrid B. Ford

 

Name (Print)

 

 

 

Sr. Xbox Program Manager

 

Title

 

 

 

10.19.09

 

Date

 



 

AGREED TO AND ACCEPTED:

 

 

 

THQ (UK) LIMITED

 

 

 

By:

/s/ Ian Curran

 

 

 

 

Name: Ian Curran

 

 

 

Title: EVP Global Publishing