Commercial Release definition

Commercial Release means (a) with respect to Xbox, the first distribution of an Xbox to the public for payment, and (b) with respect to a Software Title, the earlier of the first distribution of the Software Title for payment or distribution of Finished Product Units that are not designated as beta or prerelease versions.

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Commercial Release with respect to a Software Title means the first commercial distribution of an FPU that is not designated as a Demo Version. With respect to Online Content, Commercial Release means its first availability via Xbox Live to Xbox Live Users.

Commercial Release or “Commercially Released” means the first availability of a Software Title to End Users not designated as a Demo or Trial.

Examples of Commercial Release in a sentence

• To determine the applicable royalty rate for a particular Software Title that will be sold in a particular Sales Territory, the applicable Threshold Price from Table 1 below for the category of Software Title (Standard Software Title, Hits Software Title and Expansion Pack) will determine the correct royalty “Tier” (except with respect to the first Commercial Release of Hits Software Titles as described further in (ii) below).

• The selection of a royalty tier for a Software Title in a Sales Territory is binding for the life of that Software Title even if the Threshold Price is reduced following the Software Title’s Commercial Release.

• In order for a Software Title to qualify as a Simship Title, Publisher must release the Software Title in the Simship Territory on the same date as the Commercial Release date of such Software Title in the Japan and/or North American Sales Territories, wherever the Software Title was first Commercially Released (referred to as “Original Territory”).

• In the event that Microsoft determines, at any time prior to the Commercial Release of a Software Title, that such Software Title does not comply with the requirements set forth in the Xbox Guide, then Microsoft will have the right to terminate this Agreement, without cost or penalty, upon written notice to Licensee solely with respect to such Software Title, in Microsoft's sole discretion and notwithstanding any prior approvals given by Microsoft pursuant to Section 2 above.

• Except as set forth in Section 2 (Hits Programs), the selection of a royalty tier for a Standard Software Title or Expansion Pack in a Sales Territory is binding for the life of that Software Title or Expansion Pack even if the Threshold Price is reduced following the Software Title’s Commercial Release.

More Definitions of Commercial Release

Commercial Release means (a) with respect to Xbox, the first commercial availability of Xbox Live in the United States to the general public, and (b) with respect to a the Online Features of a Software Title, the first availability of such features via Xbox Live to the general public.

Commercial Release of a Product means receipt of all necessary regulatory approvals for full commercial sale of such Product in a market.

Commercial Release means, with respect to any product or service, the date of the first bona fide commercial sale or commercial license of such product or service by the Company or its Subsidiaries to an unaffiliated third party. A sale or license for clinical trial, research, development, test marketing, sampling or promotional purposes, or any sale or license prior to [**] or [**], as applicable, will not be considered a “commercial sale” or “commercial license” for purposes of this definition.

Commercial Release or “Commercially Released” means the first FPU availability at retail or the first availability of a Software Title to End Users not designated as a Demo Version or trial service.

Commercial Release means, with respect to any product or service of the Company Group, the date of the last to occur of each of the following: such product or service, as applicable, [**], such product or service has been released for commercially availability, and production quantities are available such that such product or service is ready for installation at customer sites with no backorder upon receipt of a purchase order, and the occurrence of the first bona fide commercial sale or commercial license of such product or service to an unaffiliated third party. A sale or license for clinical trial, research, development, test marketing, sampling or promotional purposes, or any sale or license prior to [**] will not be considered a “commercial sale” or “commercial license” for purposes of this definition.

Commercial Release or “Commercially Released” means the first FPU availability at retail or the first, unrestricted availability of a Software Title and/or Digital Content to End Users that is not designated as a Demo Version or trial service.

Commercial Release means the date that Gogo initiates internet communications services on an ATG network based on and using the Products in a full live production implementation.