Contract Number: 106389
AMENDMENT TO THE
XBOX PUBLISHER LICENSING AGREEMENT
(Term, Tier 1.5, Limited Tier Migration, Super Hits Program,
Minimum Order Quantities, Samples, Demo Versions, Billing Addresses)
This Amendment to the Xbox Publisher License Agreement (this “Amendment”) is entered into and
effective as of March 1, 2005 (the “Amendment Effective Date”) by and between Microsoft Licensing, GP, a
Nevada general partnership (“Microsoft”), and ACTIVISION PUBLISHING, INC. (“Licensee” or “
Publisher”), and supplements that certain Xbox TM Publisher License Agreement between the parties dated as of
July 18 2001, as amended (the “PLA”).
A. Microsoft and Publisher entered into the PLA to establish the terms under which Publisher may
publish video games for Microsoft’s Xbox video game system.
B. The parties now wish to extend the Term of the PLA and amend certain provisions thereof for
Publisher’s continued manufacture and distribution of video games for the Xbox.
Accordingly, for and in consideration of the mutual covenants and conditions contained herein, and for
other good and valuable consideration, receipt of which each party hereby acknowledges, Microsoft and
Publisher agree as follows:
1 Definitions; Interpretation
1.1 “Asian Sales Territory” means the territory comprising Taiwan, Hong Kong, Singapore and
Korea, and any other countries that are listed by Microsoft from time to time as set forth in the Xbox Guide. The
Asian Sales Territory does not include Japan.
1.2 “Base Royalty” means the licensing fee to be paid to Microsoft as defined in this Amendment.
1.3 “Demo Versions” means a small portion of a Software Title that is provided to end users at no
or minimal cost to advertise or promote the