SUPPLEMENTARY AGREEMENT
Exhibit 4.40
This Supplementary Agreement is made and entered into on April 20, 2013 (“Effective date”) in Shanghai, by and between:
Party A: Shanghai Zhengju Information Technology Co., Ltd.
Address: 4FL, Xxxxxxxx Xx.0, Xx.000 Xxxxxx Xxxx, Xxxxxxxx, XXX
Party B: Shanghai Giant Network Technology Co., Ltd.
Address: Xxxx 000, Xxxxxxxx Xx.00, 000 Xxxxxx Xxxx, Xxxxxxxx, XXX
WHEREAS,
| 1. | Party A and Party B entered into the Online Game Distribution and License Agreement (the “Original Agreement”) on March 27, 2012. According to the Original Agreement, Party A authorizes Party B to distribute and operation World of Xianxia Game Software V 0.6 and subsequent versions (the “World of Xianxia”) and Party B shall pay the revenue share to Party A. |
| 2. | Since Party B need to invest a huge amount of resource into the operation of World of Xianxia in the early stage, Party A and Party B reach the following supplementary agreement through friendly negotiations, |
| 1. | The Parties hereby agree to modify Article 5.1 to the Original Agreement as follows: |
“5.1 Party B is entitled to use all the revenue collected between the commercial launch date of the game software and March 31, 2013 as the upfront costs which means Party A is not entitled to share with Party B concerning this part of revenue according to the rate agreed. From April 1, 2013, Party B shall pay 65% of the book value collected from distribution of the game software on a monthly basis to Party A as license fee. Such license fee shall be paid in RMB.”
| 2. | In all the rest that is not provided by this Supplementary Agreement the Parties shall be governed by the Original Agreement. |
| 3. | Both parties agree that this Supplementary Agreement supersedes the Original Agreement with respect to the subject matter. |
| 4. | This Supplementary Agreement shall become effective immediately upon sealed by the Parties. This Supplementary Agreement is prepared in two counterparts; each party shall have one counterpart with the same legal effect. |
| Party A: Shanghai Zhengju Information Technology Co., Ltd. |
Party B: Shanghai Giant Network Technology Co., Ltd. |
