Qualifying Software Titles Sample Clauses

Qualifying Software Titles. In order for a Software Title to qualify as a Platinum Hits Family Title in a Sales Territory, all of the following conditions must be satisfied: (i) The Software Title must have been Commercially Released and commercially available as a Standard FPU in the applicable Sales Territory for at least **** and less than ****; (ii) The Software Title must have received an “E” rating from the ESRB and/or a “PEGI 3+” rating in Europe and/or an equivalent rating in the applicable Sales Territory(ies) (to the extent Software Titles are rated by regulatory boards within the applicable Sales Territory(ies)) and must be (a) character based and/or (b) principally appeal, as determined by Microsoft in its sole good faith discretion, to children 12 years of age and younger; and (iii) The following minimum Standard FPU manufacturing quantity for the applicable Sales Territory must have been met: (a) For a Software Title that becomes eligible to be published as a Platinum Hit Family Title between **** and **** for the applicable Sales Territory: • **** Standard FPUs must have been manufactured for the North American Sales Territory. • **** Standard FPUs must have been manufactured for the European Sales Territory. • For the Asian Sales Territory Excluding Japan, either (a) **** Standard FPUs of the Software Title must have manufactured or (b) the Software Title must have qualified for the Xbox Platinum Hits Family Program in the North American Sales Territory. (b) For a Software Title that first becomes eligible to be published as a Platinum Hit Family Title on or after **** for the applicable Sales Territory, quantities as determined by Microsoft. (iv) In any calendar year in a Sales Territory, Licensee may not publish more than **** Software Titles as part of the Platinum Hits Family Program. (v) For purposes of clarification, sports titles that are traditionally distributed on an annual cycle shall not qualify as Platinum Family Hits. (vi) Software Titles that are published in a territory as Tier 3 titles shall not be eligible for the Platinum Hits Family program in such territory. (vii) Wholesale Price per Platinum Hits Family FPU must not exceed **** in the North American Sales Territory, **** in the European Sales Territory and the local currency * Confidential portion omitted and filed separately with the Securities and Exchange Commission. equivalent, at the then-prevailing exchange rate, of **** in each country comprising the Asian Sales Territory Excluding Japan. ...