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This excerpt taken from the ATVI 10-K filed Jun 14, 2007. 6.4 Publishers Additional Quality Assurance
Obligations. If at any time or times subsequent to the
approval of any part of a Licensed Product, the SEC Company identifies any
material defects (such materiality to be determined by the SCE Company in its
sole discretion) with respect to the Licensed Product, or in the event that the
SCE Company identifies any improper use of its Licensed Trademarks or the SCE
Materials, or any material defects or improper use are brought to the attention
of the SCE Company, Publisher shall, at no cost to the SCE Company, promptly
correct any such material defects, or improper use, to the SEC Companys
commercially reasonable satisfaction, which may include, in the SEC Companys
judgment, the recall and re-release of Units of the affected Disc Product or
publication of an update, upgrade or technical fix to an Online Product. In the
event any Licensed Products create any risk of loss or damage to any property
or injury to any person, Publisher shall immediately take effective steps, at
Publishers sole liability and expense, to recall and remove such Licensed
Products from any affected channels of distribution; provided, however, that if
Publisher is not acting as the distributor or seller for the Licensed Products,
its obligation shall be to use its best efforts to arrange removal of all
affected Licensed Products from the relevant distribution channels. Publisher
shall provide all end-user support for Licensed Products. Publisher and the SCE
Group Company may enter into a separate agreement to have Publisher provide all
end-user support for Online Gameplay of Publishers Licensed Products that is
provided through the PlayStation®Network. The SCE Company expressly disclaims
any obligations or liability to provide end-user support with respect to Licensed
Products.
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