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This excerpt taken from the ATVI 10-K filed Jun 14, 2007. 8.2 Samples. Publisher
shall provide sample Units of each Disc Product to the SCE Company in the
quantities and per the terms specified in the Guidelines. In the event that
Publisher assembles any Disc Product using an alternate source, Publisher shall
be responsible for shipping such sample Units to the SCE Company, at Publisher’s
cost and expense, promptly following the commercial release of such Disc
Product. Units shall not be shipped to the SCE Company prior to the commercial
release of such Disc Product. The SCE Company assumes no liability for release
of samples prior to commercial release. The SCE Company shall not directly or
indirectly resell any such sample Units of the Disc Products without Publisher’s
prior written consent. The SCE Company may distribute sample Units to its
employees, provided that it uses its reasonable efforts to ensure that such
Units are not sold into the retail market. In addition, subject to
availability, Publisher shall sell to the SCE Company additional Units at cost.
This excerpt taken from the ATVI 10-Q filed Feb 8, 2006. Samples. For each
Software Title sku, at Publisher’s cost, Publisher shall provide Microsoft with
[*] FPUs and accompanying Marketing Materials per Sales Territory in which the FPU
will be released. Such units may be used in marketing (subject to Publisher’s
approval), as product samples, for customer support, testing
and for archival purposes. Publisher will not have to pay a royalty fee for
such samples nor will such samples count towards the Unit Discounts under Exhibit 1.
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