This excerpt taken from the ATVI 10-Q filed Feb 8, 2006.
EU Approval Option. For a Software Title that Publisher intends to distribute solely in the EuropeanSales Territory (a European FPU), Publisher may choose to forego Concept approval (Section 4.1.1), Pre-Certification(Section 4.1.2) and/or Marketing Materials approval (Section 4.1.4) and submit such Software Title to Microsoft only forCertification approval. This option is referred to herein as the EU Approval Option. The EU Approval Option applies solely to distribution of European FPUs, and is not available for Online Content intended to be available in the European Sales Territory. If Publisher chooses the EU Approval Option, Publisher shall not use the Licensed Trademarks on theEuropean FPU and the license grant set forth in Section 12.1 is withdrawn as to such European FPU. In addition, Publisher shall make no statements in advertising, marketing materials, packaging, Web sites or otherwise that the European FPU is approved or otherwise sanctioned by Microsoft or is an official Xbox 360 Software Title. The European FPU may not be distributed outside the European Sales Territory without complying with all terms of this Agreement concerning approvals and the release of the FPU as deemed relevant by Microsoft. Microsoft may provide additional information in the Xbox 360
Publisher Guide regarding the European Approval Option. Notwithstanding Publishers choice of the EU Approval Option, all other portions of this Agreement other than those specifically identified above shall remain in effect.