CONFIDENTIAL LICENSE AGREEMENT
FOR NINTENDO DS (Western Hemisphere)
THIS LICENSE AGREEMENT (“Agreement”) is entered into between NINTENDO OF AMERICA
INC. (“NOA”), at 4820 150th Avenue N.E., Redmond, WA 98052 Attn: General Counsel (Fax: 425-882-
3585) and Activision Publishing, Inc., (“LICENSEE”) at 3100 Ocean Park Blvd, Santa Monica, CA 90405
Attn: General Counsel (Fax: (310) 255-2152). NOA and LICENSEE agree as follows:
1.1 NOA markets and sells advanced design, high-quality video game systems, including the
Nintendo DS system.
1.2 LICENSEE desires a license to use highly proprietary programming specifications, development
tools, trademarks and other valuable intellectual property rights of NOA and its parent company, Nintendo Co.,
Ltd. (collectively “Nintendo”), to develop, have manufactured, advertise, market and sell video game software
for play on the Nintendo DS system.
1.3 NOA is willing to grant a license to LICENSEE on the terms and conditions set forth in this
2.1 “Artwork” means the design specifications for the Game Card label and Printed Materials in the
format specified by NOA in the Guidelines.
2.2 “Bulk Goods” means the Game Cards with Game Card labels affixed.
2.3 “Development Tools” means the development kits, programming tools, emulators and other
materials that may be used in the development of Games under this Agreement.
2.4 “Effective Date” means October 11, 2004.
2.5 “Finished Product(s)” means the fully assembled and shrink-wrapped Licensed Products, each
including a Game Card, Game Card label and Printed Materials.
2.6 “Game Card(s)” means custom card media specifically manufactured under the terms of this
Agreement for play on the Nintendo DS system, incorporating semiconductor components in which a Game has