No Bundling, Etc. Without Fig’s prior written consent in each instance, and except as otherwise set out herein (e.g. as set out in approved marketing plans), Developer shall not have the right to cross-promote each of the Licensed Games in connection with any other product or service or to distribute each of the Licensed Games: (a) as part of (i) a “bundle” (i.e., distributed as part of a package with any other thing of value) or (ii) a “compilation” (i.e., distributed as part of a package with any other software); or (b) via any alternative form(s) of media or distribution (including OEMs and other sublicensees, etc.) not otherwise agreed in writing by the Parties in advance.
No Bundling, Etc. Without Fig’s prior written consent in each instance, and except as otherwise set out herein (e.g. as set out in approved marketing plans), Developer shall not have the right to cross-promote the Licensed Game in connection with any non-Wizardry related product or service or to distribute the Licensed Game: (a) as part of (i) a “bundle” (i.e., distributed as part of a package with any other thing of value) or (ii) a “compilation” (i.e., distributed as part of a package with any other software); or (b) via any alternative form(s) of media or distribution (including OEMs and other sublicensees, etc.) not otherwise agreed in writing by the Parties in advance. The Parties agree that there shall be no compilation bundles for the first year post release of the Licensed Game, thereafter discretion shall be solely held by the Developer. If Developer distributes Licensed Game as part of a software bundle (i.e., two or more different games in a single box or transacted as a single digital sale), the Fig Share shall be calculated by totaling the number of games in the bundle, dividing this number into the total Gross Receipts received by Developer for such bundle, and multiplying the result by the applicable Calculated Rate. If there are multi-tier Calculated Rate, Developer shall aggregate the software bundle units of each game (including the Licensed Game) to the stand-alone unit sales of such game to determine which Calculated Rate shall apply.
No Bundling, Etc. Without Fig’s prior written consent in each instance (not to be unreasonably withheld or delayed), and except as otherwise set out herein (e.g. as set out in marketing plans meaningfully consulted between the parties), Developer shall not have the right to cross- promote the Licensed Game in connection with any other product or service or to distribute the Licensed Game: (a) as part of (i) a “bundle” (i.e., distributed as part of a package with any other thing of value) or (ii) a “compilation” (i.e., distributed as part of a package with any other software); or (b) via any alternative form(s) of media or distribution (including OEMs and other sublicensees, etc.) not otherwise agreed in writing by the Parties in advance. Notwithstanding the foregoing, Developer shall not be restricted from bundling the Licensed Game together with any of Developer’s other games provided a fulsome accounting of revenue attribution between the Licensed Game and other games can be provided.
