Common use of Restrictions on License Grant Clause in Contracts

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii™, the Nintendo DS system, the Development Tools or such other Nintendo system as NINTENDO may authorize in the Guidelines; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii™, except as may be necessary as a part of the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii™, including the hardware, software (embedded or not) or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ Nintendo DS system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii™, the a Nintendo DS system, an application approved by NINTENDO, or the Development Tools Tools, (d) emulate any past, current or such other Nintendo system as future NINTENDO may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wii™the Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wii™the Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii™, the Nintendo DS system, the * Confidential portion omitted and filed separately with the Securities and Exchange Commission. Development Tools or such other Nintendo system as NINTENDO may authorize in the Guidelines; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii™, except as may be necessary as a part of the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii™, including the hardware, software (embedded or not) or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory. Nothing contained in this Section 3.3 shall be deemed to prevent LICENSEE from developing a game or games for other video game platforms, where such game or games have a similar audiovisual display, look, feel, or game elements as found in the Game(s) developed by LICENSEE under this Agreement; provided, however, that LICENSEE hereby acknowledges that any use of NINTENDO’s Intellectual Property Rights, Proprietary Rights, and/or Confidential Information in such other game or games without the prior written consent of NINTENDO would be deemed to be a breach of this Agreement and an infringement of NINTENDO’s Intellectual Property Rights.

Restrictions on License Grant. NINTENDO NCL does not guarantee that the hardware for the Wii™ GAME BOY ADVANCE system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant granting access to, distributedistributing, transmit transmitting or broadcast broadcasting a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii™ systemshowever, or between Wii™ and Nintendo DS systems, (b) that limited transmissions may be made for the so e purpose of facilitating Game development under the o acs stating •eve opment Imo er t e terms of this o t is Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE •ut no rig t o retransmission shall use attach to any such authorized transmission and, reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit authorizing oT -perrrrrttrng any online omme activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing;, (c) modifymodifying, install installing or operate operating a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, [***] The portions of this document marked with three asterisks represent confidential portions omitted and filed separately with the Securities and Exchange Commission. (d) emulateemulating, interoperateinteroperating, interface interfacing or link linking a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device, telephone, cell phone, PDA, or other device for purposes of data interchange, password usage or device interactive video game play, other than Wii™, the Nintendo DS GAME BOY ADVANCE system, an application approved by NCL, or the Development Tools or such other Nintendo system as NINTENDO may authorize in the Guidelines;Tools, (e) embedemulate any past, incorporatecurrent, or store future NCL brand video game system or any portion thereof in software or hardware or any combination thereof. (f) embedding, incorporating, or storing a Game in any media or format except the optical disc cartridge format utilized by Wii™the GAME BOY ADVANCE system, except as may be necessary as a part of the Game development process under this Agreement;, (fg) designdesigning, implement implementing or undertake undertaking any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, interactive video or computer game program, except as authorized under this Agreement, (gh) utilize utilizing the Intellectual Property Rights to design or develop any interactive video or computer game program, except as authorized under this Agreement;, (hi) manufacture manufacturing or reproduce reproducing a Game developed under this Agreement, except through NINTENDO; NCL, or (ij) Reverse Engineer Engineering or assist assisting in the Reverse Engineering of all or any part of Wii™the GAME BOY ADVANCE system, including the hardware, hardware or software (whether embedded or not) otherwise), or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ system is distributed throughout the Territory. Moreover, the The present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant granting access to, distributedistributing, transmit transmitting or broadcast broadcasting a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii™ systemshowever, or between Wii™ and Nintendo DS systems, (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize authorizing or permit permitting any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing;MARCH 20, 2002 CONFIDENTIAL (c) modifymodifying, install installing or operate operating a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulateemulating, interoperateinteroperating, interface interfacing or link linking a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii™, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NINTENDO may authorize in the Guidelines;Tools, (e) embedembedding, incorporateincorporating, or store storing a Game in any media or format except the optical disc format utilized by Wii™the NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) designdesigning, implement implementing or undertake undertaking any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize utilizing the Intellectual Property Rights to design or develop any interactive video or computer game program, except as authorized under this Agreement;, (h) manufacture manufacturing or reproduce reproducing a Game developed under this Agreement, except through NINTENDO; Nintendo, or (i) Reverse Engineer Engineering or assist assisting in Reverse Engineering all or any part of Wii™the NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ Nintendo DS system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayermulti-player, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii™, the a Nintendo DS system, an application approved by NINTENDO, or the Development Tools or such other Nintendo system as NINTENDO may authorize in the GuidelinesTools; (e) emulate any past, current or future NINTENDO brand video game system, or any portion thereof, in software or hardware or any combination thereof; (f) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wii™the Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement; (fg) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (gh) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (hi) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; or (ij) Reverse Engineer or assist in Reverse Engineering all or any part of Wii™the Nintendo DS system, including the hardware, software (embedded or not) ), the Development Tools or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory. Nothing contained in this Section 3.3 shall be deemed to prevent LICENSEE from developing a game or games for other video game platforms, where such game or games have a similar audiovisual display, look, feel, or game elements as found in the Game(s) developed by LICENSEE under this Agreement; provided, however, that LICENSEE hereby acknowledges that any use of NINTENDO’s Intellectual Property Rights, Proprietary Rights, and/or Confidential Information in such other game or games without the prior written consent of NINTENDO would be deemed to be a breach of this Agreement and an infringement of Nintendo’s Intellectual Property Rights.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ Nintendo DS system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayermulti-player, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii™, the a Nintendo DS system, an application approved by NINTENDO, or the Development Tools or such other Nintendo system as NINTENDO may authorize in the GuidelinesTools; (e) emulate any past, current or future NINTENDO brand video game system, or any portion thereof, in software or hardware or any combination thereof; (f) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wii™the Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement; (fg) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (gh) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (hi) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; or (ij) Reverse Engineer or assist in Reverse Engineering all or any part of Wii™the Nintendo DS system, including the hardware, software (embedded or not) ), the Development Tools or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ Nintendo DS system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, *Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. April 4, 2005 CONFIDENTIAL cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii™, the a Nintendo DS system, an application approved by NINTENDO, or the Development Tools Tools, (d) emulate any past, current or such other Nintendo system as future NINTENDO may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wii™the Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wii™the Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ Nintendo DS system is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual intellectual Property Rights for the following purposes: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, . computer or other device network, . except (a) as a part pert of wireless Game game play on and among Wii™ systems, or between Wii™ and Nintendo DS systems, (b) for the purpose of facilitating Game game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;. (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, . lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, . interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device. including for purposes of data interchange, password usage or interactive video game play, other than Wii™, the a Nintendo DS system, an application approved by NINTENDO, or the Development Tools Tools. (d) emulate any past, current or such other Nintendo system as future NINTENDO may authorize in the Guidelines;brand video game system, or any portion thereof, In software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wii™the Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;. (g) utilize the Intellectual Property Rights to design or develop any eny interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through NINTENDO; or , or (i1) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wii™the Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO NCL does not guarantee that the hardware for the Wii™ system NINTENDO GAMECUBE System is distributed throughout the Territory. Moreover, the present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant granting access to, distributedistributing, transmit transmitting or broadcast broadcasting a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii™ systemshowever, or between Wii™ and Nintendo DS systems, (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize authorizing or permit permitting any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing;, (c) modifymodifying, install installing or operate operating a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulateemulating, interoperateinteroperating, interface interfacing or link linking a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device, telephone, cell phone, PDA, or other device for purposes of data interchange, password usage or device interactive video game play, other than Wii™, the Nintendo DS NINTENDO GAMECUBE system, an application approved by Nintendo or the Development Tools or such other Nintendo system as NINTENDO may authorize in the Guidelines;Tools, (e) embedemulate any past, incorporatecurrent, or store future NCL brand video game system or any portion thereof in software or hardware or any combination thereof, (f) embedding, incorporating, or storing a Game in any media or format except the optical disc format utilized by Wii™the NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (fg) designdesigning, implement implementing or undertake undertaking any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (gh) utilize utilizing the Intellectual Property Rights to design or develop any interactive video or computer game program, except as authorized under this Agreement;, (hi) manufacture manufacturing or reproduce reproducing a Game developed under this Agreement, except through NINTENDO; Nintendo, or (ij) Reverse Engineer Engineering or assist assisting in Reverse Engineering all or any part of Wii™the NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.

Restrictions on License Grant. NINTENDO does not guarantee that the hardware for the Wii™ system is distributed throughout the Territory. Moreover, the The present limited license to LICENSEE does not extend to the use of the Intellectual Property Rights for the following purposes: (a) grant granting access to, distributedistributing, transmit transmitting or broadcast broadcasting a Game by electronic means or by any other means known or hereafter devised, including, devised including without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii™ systemshowever, or between Wii™ and Nintendo DS systems, (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by NINTENDO. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and, reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize authorizing or permit permitting any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by NINTENDO in writing;, (c) modifymodifying, install installing or operate operating a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulateemulating, interoperateinteroperating, interface interfacing or link linking a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii™, the Nintendo DS system, GAME BOY ADVANCE system or the Development Tools or such other Nintendo system as NINTENDO may authorize in the Guidelines;Tools, (e) embedembedding, incorporateincorporating, or store storing a Game in any media or format except the optical disc cartridge format utilized by Wii™the GAME BOY ADVANCE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) designdesigning, implement implementing or undertake undertaking any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize utilizing the Intellectual Property Rights to design or develop any interactive video or computer game program, except as authorized under this Agreement;, (h) manufacture manufacturing or reproduce reproducing a Game developed under this Agreement, except through NINTENDO; NCL, or (i) Reverse Engineer Engineering or assist assisting in the Reverse Engineering of all or any part of Wii™the GAME BOY ADVANCE system, including the hardware, hardware or software (whether embedded or not) otherwise), or the Security Technology, except as specifically permitted under the laws and regulations applicable in the Territory.