Fifth Amendment To The Exclusive Requiem Online License and Distribution Agreement
Exhibit 4.43
Fifth Amendment
To The Exclusive Requiem Online License and Distribution Agreement
This Amendment is made and entered into on this 1st day of August, 2012 by and between Gravity Co., Ltd (hereinafter referred to as “Licensor”) and Gravity Interactive, Inc. (hereinafter referred to as “Licensee”).
RECITALS:
WHEREAS, Licensor and Licensee (“Parties” collectively) entered into an Exclusive Requiem Online License and Distribution Agreement (“the Agreement”) dated 21st day of February, 2008, First Amendment to The Exclusive Requiem Online License and Distribution Agreement (“First Amendment”) dated 1st day of December, 2009, Second Amendment to The Exclusive Requiem Online License and Distribution Agreement (“Second Amendment”) dated 1st day of March, 2010, Third Amendment to The Exclusive Requiem Online License and Distribution Agreement (“Third Amendment”) dated 16th day of June, 2011, and Fourth Amendment to The Exclusive Requiem Online License and Distribution Agreement (“Fourth Amendment”) dated 26th day of October, 2011.
WHEREAS, both Parties to the Agreement now desire to amend the Agreement as set forth below;
AGREEMENT
NOW; THEREFORE, in consideration of the mutual promises and covenants contained herein, Licensor and Licensee agree as follows:
| 1. | Term Extension of the Agreement |
Parties agreed to extend the Agreement for One (1) year (“Second Renewed Term”) from the expiration date of the Agreement with conditions stated below in this Amendment. The newly extended term of the Agreement shall be from June 16, 2012 to June 15, 2013.
| 2. | Territory |
The Article 1.20 of the Agreement shall be amended as following language and this amended article shall be effective from June 16, 2012.
| 1.20 | “Territory” shall mean all the world except for the licensed territories (“Licensed Territories”) in which Licensor has already granted a license regarding the service of Requiem Online game to 3rd parties before June 16, 2012, provided that, without further agreement between Licensor and Licensee, Territory shall further include Licensed Territories, in which the license will expire or will be terminated, after the expiration or termination of such license. |
As of June 16, 2012, Licensed Territories are as follows:
| 1) | The Russian Federation, the CIS countries (Armenia, Azerbaijan, Belarus, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan), and also Georgia, Kazakhstan, Xxxxxxx, Xxxxxxx, Xxxxxx xxx Xxxxxxxxx |
| 0) | Xxxxxx, Xxxx Xxxx and Macao |
| 3. | Continuing Effectiveness of the Agreement |
Except as expressly set forth herein, this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above-written.
| Gravity Co, Ltd. | Gravity Interactive Inc. | |||||||
| By: |
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By: |
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| Name: | Hyun Xxxx Xxxx | Name: | Xxxxxxxxx Xxxxxxxx | |||||
| Title: | CEO | Title: | CEO | |||||
| Date: | Date: | |||||||
