Exhibit 10.68
AMENDMENT FOUR
This Amendment (the "Amendment") is entered into as of November 13, 2002 between
FUNIMATION PRODUCTIONS, LTD., a Texas limited partnership having its registered
office at 0000 XX Xxxx 000, Xxxxx 000, Xxxx Xxxxx, Xxxxx 00000 U.S.A.
("Licensor") and Infogrames, Inc, a Delaware corporation having its principal
offices at 0000 Xxxxxxx Xxxxx Xxxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000
("Licensee").
W I T N E S S E T H:
WHEREAS, Licensor and Licensee entered into a Sublicense Agreement dated
October 27, 1999, which was subsequently amended by Amendment One dated April
20, 2002, and was further amended by Amendment Two dated June 15, 2002, and was
further amended by Amendment Three dated September 20, 2002 (the Sublicense
Agreement as amended shall hereafter be referred to as the "Agreement");
WHEREAS, Amendment One stated the terms and conditions upon which Licensee
could grant a sublicense (the "Sublicense") to Prima Games, Inc. ("Prima") for
certain "Sublicensed Products";
WHEREAS, Licensee and Licensor desire to expand the definition of
Sublicensed Products to include one (1) additional product under the terms and
conditions hereof;
WHEREAS, both Licensee and Licensor are in agreement with respect to the
terms and conditions upon which to enter into this Amendment to amend the
Agreement; and
NOW, THEREFORE, in consideration of the promises and agreements set forth
herein, the parties, each intending to be legally bound, do hereby agree as
follows:
1. Licensee shall have the right to grant Prima the right to produce one (1)
additional print and online strategy guide under the terms of the Sublicense
(hereafter, "Sublicensed Product item #3"). Sublicensed Product item #3 shall
be based on Licensed Product item #6, a fighting game for the Playstation 2
platform titled "DragonBall Z: Budokai").
2. The rights granted to Licensee (or to Prima, as applicable) hereunder with
respect to Sublicensed Product item #3 are granted under the same terms and
conditions applicable to Sublicensed Products under Amendment One, with the
exception of those terms which are inconsistent with the express terms of this
Amendment.
3. Within thirty (30) days of the execution of this Amendment, Licensee shall
pay to Licensor a non-refundable advance of $40,000, such advance to be fully
recoupable against future royalties payable for Sublicensed Product item #3. No
other advance payment with respect to Sublicensed Product item #3 shall be due
or payable.
4. Licensee and Prima shall use reasonable efforts to make Sublicensed Product
item #3 available for purchase and delivery to the public on or before the first
date Licensed Product item #6 is available for purchase and delivery to the
public. Such date is estimated to be December 4, 2002.
5. With respect to Sublicensed Product item #3 only, the term of the
Sublicense shall be extended until June 30, 2005, subject to the termination
rights of Licensee under the Sublicense and the Agreement.
Except as amended herein, all of the other terms and conditions of the
Agreement shall be in full force and effect. In the event of any inconsistency,
incongruity or conflict, the terms and conditions of this document shall
prevail.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have each caused to be affixed hereto its or his/her hand and seal the
day indicated.
LICENSOR:
FUNIMATION PRODUCTIONS, LTD.,
a Texas limited partnership
By: /s/ Xxxxxx X. Xxxxxxx
-------------------------
Name: Xxxxxx X. Xxxxxxx
Title: Director of Licensing
LICENSEE:
Infogrames, Inc.
a Delaware corporation
By: /s/ Xxxx Xxxxxxx 11/18/02
---------------------------
Name: Xxxx Xxxxxxx
Title: Sr. Vice President and General Manager
