Common use of Platform Royalty Clause in Contracts

Platform Royalty. 1.1 For each FPU manufactured during the Term of the Agreement, EA shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 of this Exhibit 2 (Table 3). 1.2 The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured. To determine the applicable royalty fee for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table 1 below will determine the correct royalty “Tier.” The royalty rate is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]. According to Table 1, Tier A royalty rates would apply to that Software Title and the royalty rate would be determined in Table 2 by the Manufacturing Region. If the FPUs were manufactured in the European Manufacturing Region, the royalty rate would be €[***] per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, the royalty rate would be ¥[***] per FPU. 1.3 Setting the Royalty Rate. EA shall submit to Microsoft, at least [***] business days [***] for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the Agreement as Exhibit 2-A for each Sales Territory. The selection indicated in the form will only be effective once the form has been accepted by Microsoft. If EA for any reason does not submit a Royalty Tier Selection Form within the time frame specified above, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate for such Software Title will default to Tier A, regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release.

Platform Royalty. 1.1 a. For each FPU manufactured during the Term term of the this Agreement, EA Publisher shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 1.d of this Exhibit 2 1 (Table 3). 1.2 b. The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA Publisher intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured). To determine the applicable royalty fee rate for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table 1 below will determine the correct royalty “Tier.” The royalty rate fee is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to will be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]. According to Table 1, Tier A [***] royalty rates would will apply to that Software Title and the royalty rate would be is determined in Table 2 by the Manufacturing Region. If the FPUs Software Title were manufactured in the European Manufacturing Region, the royalty rate fee would be €[***] per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, the royalty rate fee would be ¥[***] per FPU.. [***] 1.3 Setting the Royalty Rate. EA shall c. [***] submit to Microsoft, at least [***] business days [***] for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the this Agreement as Exhibit 2-A 2 for each Sales Territory. The selection indicated in the form Royalty Tier Selection Form will only be effective once the form Royalty Tier Selection Form has been accepted by Microsoft. If EA for any reason Publisher does not submit a Royalty Tier Selection Form within the time frame specified aboveas required hereunder, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate fee for such Software Title will default to Tier A[***], regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release.

Platform Royalty. 1.1 a. For each FPU manufactured during the Term term of the this Agreement, EA Publisher shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 1.d of this Exhibit 2 1 (Table 3). 1.2 b. The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA Publisher intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured). To determine the applicable royalty fee rate for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table fromTable 1 below will determine the correct royalty “Tier.” The royalty rate fee is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to will be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]. ] According to Table 1, Tier A [*] royalty rates would will apply to that Software Title SoftwareTitle and the royalty rate would be is determined in Table 2 by the Manufacturing Region. If the FPUs Software Title were manufactured in the inthe European Manufacturing Region, the royalty rate fee would be €[***] per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, . the royalty rate fee would be ¥[***] per FPU. 1.3 Setting the Royalty Rate. EA shall c. [*] submit to Microsoft, at least [***] business days [***] for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the this Agreement as Exhibit 2-A 2 for each Sales Territory. The selection indicated in the form Royalty Tier Selection Form will only be effective once the form Royalty Tier Selection Form has been accepted by Microsoft. If EA for any reason Publisher does not submit a Royalty Tier Selection Form within the time frame specified aboveas required hereunder, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate fee for such Software Title will default to Tier A, [*] regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier tier for a Software Title in a Sales Territory is binding for the life of that Software Title SoftwareTitle even if the Threshold Price is reduced following the Software Title’s Commercial Release.

Platform Royalty. 1.1 For each FPU manufactured during the Term of the Agreement, EA shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 of this Exhibit 2 (Table 3). 1.2 The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured. To determine the applicable royalty fee for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table 1 below will determine the correct royalty “Tier.” The royalty rate is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]. According to Table 1, Tier A royalty rates would apply to that Software Title and the royalty rate would be determined in Table 2 by the Manufacturing Region. If the FPUs were manufactured in the European Manufacturing Region, the royalty rate would be €[***] per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, the royalty rate would be ¥[***] per FPU.. [***] 1.3 Setting the Royalty Rate. EA shall submit to Microsoft, at least [***] business days [***] for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the Agreement as Exhibit 2-A for each Sales Territory. The selection indicated in the form will only be effective once the form has been accepted by Microsoft. If EA for any reason does not submit a Royalty Tier Selection Form within the time frame specified above, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate for such Software Title will default to Tier A, regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release.

Platform Royalty. 1.1 a. For each FPU manufactured during the Term term of the this Agreement, EA Publisher shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 1.d of this Exhibit 2 1 (Table 3). 1.2 b. The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA Publisher intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured). To determine the applicable royalty fee rate for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table 1 below will determine the correct royalty “Tier.” The royalty rate fee is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to will be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]. According to Table 1, Tier A [*] royalty rates would will apply to that Software Title and the royalty rate would be is determined in Table 2 by the Manufacturing Region. If the FPUs Software Title were manufactured in the European Manufacturing Region, the royalty rate fee would be €[***] per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, the royalty rate fee would be ¥[***] per FPU. 1.3 Setting the Royalty Rate. EA shall c. [*] submit to Microsoft, at least [***] business days [***] for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the this Agreement as Exhibit 2-A 2 for each Sales Territory. The selection indicated in the form Royalty Tier Selection Form will only be effective once the form Royalty Tier Selection Form has been accepted by Microsoft. If EA for any reason Publisher does not submit a Royalty Tier Selection Form within the time frame specified aboveas required hereunder, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate fee for such Software Title will default to Tier A[*], regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release.

Platform Royalty. 1.1 a. For each FPU manufactured during the Term term of the this Agreement, EA Publisher shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 1.d of this Exhibit 2 1 (Table 3). 1.2 b. The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA Publisher intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured). To determine the applicable royalty fee rate for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table 1 below will determine the correct royalty “Tier.” The royalty rate fee is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to will be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]*. According to Table 1, Tier A **** royalty rates would will apply to that Software Title and the royalty rate would be is determined in Table 2 by the Manufacturing Region. If the FPUs Software Title were manufactured in the European Manufacturing Region, the royalty rate fee would be €[***] * per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, the royalty rate fee would be ¥[***] * per FPU.. * **** 1.3 c. Setting the Royalty RateRoyalty. EA Publisher shall submit to Microsoft, at least [***] business days [***] * for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the this Agreement as Exhibit 2-A 2 for each Sales Territory. The selection indicated in the form Royalty Tier Selection Form will only be effective once the form Royalty Tier Selection Form has been accepted by Microsoft. If EA for any reason Publisher does not submit a Royalty Tier Selection Form within the time frame specified aboveas required hereunder, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate fee for such Software Title will default to Tier A****, regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release.

Platform Royalty. 1.1 a. For each FPU manufactured during the Term term of the this Agreement, EA Publisher shall pay Microsoft nonrefundable royalties in accordance with the royalty tables set forth below (Tables 1 and 2) and the “Unit Discount” table set forth in Section 1.4 1.d of this Exhibit 2 1 (Table 3). 1.2 b. The royalty fee is determined by the “Threshold Price” (which is the Wholesale Price (WSP) or Suggested Retail Price (SRP) at which EA Publisher intends to sell the Software Title in the applicable Sales Territory) and the Manufacturing Region where the FPUs are manufactured). To determine the applicable royalty fee rate for a particular Software Title in a particular Sales Territory, the applicable Threshold Price from Table 1 below will determine the correct royalty “Tier.” The royalty rate fee is then as set forth in Table 2 based on the Manufacturing Region in which the FPUs are to will be manufactured. For example, assume the Wholesale Price of a Software Title to be sold in the European Sales Territory is €[***]. According to Table 1, Tier A [***] royalty rates would will apply to that Software Title and the royalty rate would be is determined in Table 2 by the Manufacturing Region. If the FPUs Software Title were manufactured in the European Manufacturing Region, the royalty rate fee would be €[***] per FPU. If the Software Title were manufactured in the Asian Manufacturing Region, the royalty rate fee would be ¥[***] per FPU.. [***] 1.3 Setting the Royalty Rate. EA shall c. [***] submit to Microsoft, at least [***] business days [***] for a Software Title, a completed and signed “Royalty Tier Selection Form” in the form attached to the this Agreement as Exhibit 2-A 2 for each Sales Territory. The selection indicated in the form Royalty Tier Selection Form will only be effective once the form Royalty Tier Selection Form has been accepted by Microsoft. If EA for any reason Publisher does not submit a Royalty Tier Selection Form within the time frame specified aboveas required hereunder, such failure will not be deemed a breach of this Agreement, but (a) the royalty rate fee for such Software Title will default to Tier A[***], regardless of the actual Threshold Price; and (b) unless notified otherwise by EA in writing, the Sales Territory for any FPUs of the Software Title shall be deemed to be the same as the Manufacturing Region for such FPUs. The selection of a royalty Tier tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release. d. Unit Discounts. Publisher is eligible for a discount to FPUs manufactured for a particular Sales Territory (a “Unit Discount”) based on the number of FPUs that have been manufactured for sale in that Sales Territory as described in Table 3 below. Except as provided in Section 4 below, units manufactured for sale in a Sales Territory are aggregated only towards a discount on FPUs manufactured for that Sales Territory; there is no worldwide or cross-territorial aggregation of units for a particular Software Title. The discount will be rounded up to the nearest Cent, Yen or hundredth of a Euro. [***] i. For North American Sales Territory: [***] ii. For Japan Sales Territory: [***]