Activision Blizzard (ATVI)

From the Amendment Effective Date to March 31, 2008

From April 1, 2008 to the end of the term of the Xbox 360 PLA

2.1.5        Software Titles in the European Sales Region that had an original Commercial Release date on Xbox 360 before December 31, 2005 may qualify to join the launch of the Classics Program in Europe if they manufactured in excess of [***] units as opposed to the [***] listed above.  This is a one time only choice and the Publisher must confirm its intent to participate by submitting an Exhibit 1 form no later than September 15, 2006.

2.2           All Marketing Materials for a Hit FPU must comply with all Microsoft branding requirements as may be required in each Sales Territory and Publisher shall submit all such Marketing Materials to Microsoft for its approval in accordance with the Xbox 360 PLA.  Notwithstanding the foregoing, all Hit FPUs must comply with the basic branding and other requirements for Marketing Materials set forth in the Xbox 360 Publisher Guide.

2.3           The Hit FPU version must be the same or substantially equivalent to the Standard FPU version of the Software Title.  Publisher may modify or add additional content or features to the Hit FPU version of the Software Title (e.g., demos or game play changes) subject to Microsoft’s review and approval, which approval shall not be unreasonably withheld, and Publisher acknowledges that any such modifications or additions may require the Software Title to be re-Certified at Publisher’s expense.

2.4           Publisher acknowledges that Microsoft may change any of the qualifications for participation in a Hit Program upon forty-five (45) days advanced written notice to Publisher.