EXHIBIT 10.52A
CONFIDENTIAL
EXHIBIT 10.52A
Confidential information omitted where indicated by "[*]" and filed separately
with the Securities Exchange Commission pursuant to a request for confidential
treatment under Rule 406 of the Securities Act of 1933.
Xxxxx Xxxx Xxxx
The 3DO Company
000 Xxxxxxxx Xxx
Xxxxxxx Xxxx, XX 00000
Re: Amendment to Xbox Publisher License Agreement:
Euro Royalty Rates and Payment Selection
Dear Xxxxx Xxxx Xxxx:
The purpose of this letter is to inform you of changes to the Xbox Publisher
License Agreement ("PLA") affecting Euro royalty rates, as further described
below. As a result of this change, for a limited time you will also have the
opportunity to change your royalty payment options between worldwide and
regional. Please indicate your acknowledgment and acceptance of these PLA
changes by counter-signing this letter where indicated below, and faxing a copy
to Xbox Accounting Services at (000) 000-0000 no later than December 5, 2002. If
you would like to change your payment option from worldwide to regional, or vice
versa, please also indicate this change according to the instructions below.
Except as amended by this letter, you agree the terms and conditions of the PLA
shall remain in full force and effect.
1. The Euro royalty rates will decrease as follows:
Finished Product Royalty per
Units Manufactured Applicable Finished Product Unit
------------------ --------------------------------
[*] [*]
[*] [*]
[*] [*]
[*] [*]
The new Euro royalty rates set forth above will be effective November
1, 2002 for all Finished Product Units manufactured in Europe on or
after November 1, 2002. U.S. Dollar and Japanese Yen royalty rates
remain unchanged.
2. You may change the payment option you originally selected in the PLA by
initialing one of the two boxes below, as appropriate. Your new
designation shall
* Confidential portion omitted and filed separately with the Commission.
CONFIDENTIAL
be effective November 1, 2002, provided Microsoft receives a completed,
countersigned faxed copy of this letter no later than December 5, 2002,
and shall binding throughout the remaining term of the PLA for all
Software Titles.
Change from Worldwide to Regional ____________ (initials)
Change from Regional to Worldwide ____________ (initials)
Thank you for your prompt attention to this matter. Please mail originals to
Xbox Accounting Services 0000 Xxxx Xxxx, Xxxxx 000, Xxxx, XX 00000-0000. Please
contact your Xbox Account Manager if you have any questions.
Sincerely,
/s/ Xxxxx Xxxxxxx
Xxxxx Xxxxxxx
Microsoft Licensing, Inc.
Accepted and Agreed:
The 3DO Company
/s/ Xxxxx Xxxx Xxxx
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By (sign)
Xxxxx Xxxx Xxxx
-------------------------
Name (Print)
Exec. Vice President
-------------------------
Title
December 3, 2002
-------------------------
Date
CC: Xbox Account Manager
* Confidential portion omitted and filed separately with the Commission.
