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This excerpt taken from the ATVI 10-K filed Jun 14, 2007. 3.1 Right to Develop. The SCE Company grants Publisher the right to
purchase, lease or borrow, as applicable, certain hardware devices and license
certain software tools and utilities that comprise the Development Tools, as is
appropriate, from the SCE Company or its designee, pursuant to a separate
Development System Agreement with the SCE Company or a separate rider to this
Agreement, which hardware and software components may be used by Publisher only
in connection with the development of Licensed Products pursuant to Section
2.1. In developing Executable Software (or portions thereof), Publisher and any
third-party Licensed Developers with whom Publisher contracts shall fully
comply in all respects with all Guidelines, including technical specifications.
In the event that Publisher uses any third-party tools to develop Executable
Software or any portion thereof, Publisher shall be responsible at Publisher’s
sole risk and expense for ensuring that it has obtained all necessary licenses
for any such use.
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