This excerpt taken from the ATVI 10-Q filed Feb 8, 2006.
Additional Publisher Indemnification Obligation. Publisher further agrees to indemnify, defend, and hold Microsoft harmless from any and all third party claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys fees, costs, and expert witnesses fees) arising out of or in connection with any claim
[*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
regarding any Software Title or FPU including without limitation any claim relating to quality, performance, safety thereof and excluding those portions of the Software Title or FPU that consist of the Licensed Trademarks, Security Technology and redistributable components of the so-called XDK in the form as delivered to Publisher by Microsoft pursuant to an XDK License), or arising out of Publishers use of the Licensed Trademarks in breach of this Agreement.