CONFIDENTIAL LICENSE AGREEMENT
FOR THE Wii CONSOLE
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 MAJESCO ENTERTAINMENT COMPANY (“LICENSEE”) at 160 Raritan
Center Parkway, Edison, NJ 08837 Attn: Morris Sutton (Fax: 732-225-8408). NOA and LICENSEE
agree as follows:
1.1 NOA markets and sells advanced design, high-quality video game systems, including the
Wii video game console (“Wii”).
1.2 LICENSEE desires use of the highly proprietary programming specifications, unique and
valuable security technology, trademarks, copyrights and other valuable intellectual property rights
of NOA and its parent company, Nintendo Co., Ltd., which rights are only available for use under
the terms of a license agreement, to develop, have manufactured, advertise, market and sell video
game software for play on Wii.
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 text and design specifications for the Game Disc label and the Printed
Materials in the format specified by NOA in the Guidelines.
2.2 “Bulk Goods” means Game Discs that have been printed with the Game Disc label Artwork
for delivery to LICENSEE without Printed Materials or other packaging.
2.3 “Check Disc(s)” means the pre-production Game Discs to be produced by Nintendo.
2.4 “Confidential Information” means the information described in Section 8.1.
2.5 “Development Tools” means the development kits, programming tools, emulators and other
materials of Nintendo, or third parties authorized by Nintendo, that may be used in the development
of Games under this Agreement.
2.6 “Effective Date” means February 21, 2007.
2.7 “Game Discs(s)” means custom optical discs for play on Wii on which a Game has been