Common use of Digital Content Clause in Contracts

Digital Content. In consideration of the royalty payments as described in Exhibit 2, EA grants to Microsoft (i) a worldwide, transferable, license to broadcast, transmit, distribute, host, publicly display, reproduce, and license Digital Content for use on Durango, and (ii) a worldwide, transferable license solely to distribute to End Users and permit End Users to download and store Digital Content). EA agrees that the license grants set forth in this Section 17.3 applicable to Digital Content are exclusive, meaning that except as expressly permitted under this Agreement, the Durango Publisher Guide and/or as agreed by the parties, EA shall not directly or indirectly permit or enable access to Digital Content by any means, methods, platforms or services other than through Xbox LIVE, or as otherwise set forth in this Agreement. Notwithstanding the foregoing, this Section 17.3 does not prevent EA from making other platform versions of its Software Titles or Digital Content available via other platform-specific online services. Except in cases where the Digital Content is removed in accordance with Section 7.3, this Section 17.3 shall survive termination of this Agreement by Microsoft pursuant to Section

Digital Content. In consideration of the royalty payments as described in Exhibit 2, EA grants to Microsoft (i) a worldwide, transferable, license to broadcast, transmit, distribute, host, publicly display, reproduce, and license Digital Content for use on Durango, and (ii) a worldwide, transferable license solely to distribute to End Users and permit End Users to download and store Digital Content). EA agrees that the license grants set forth in this Section 17.3 applicable to Digital Content are exclusive, meaning that except as expressly permitted under this Agreement, the Durango Publisher Guide and/or as agreed by the parties, EA shall not directly or indirectly permit or enable access to Digital Content by any means, methods, platforms or services other than through Xbox LIVE, or as otherwise set forth in this Agreement. Notwithstanding the foregoing, this Section 17.3 does not prevent EA from making other platform versions of its Software Titles or Digital Content available via other platform-specific online services. Except in cases where the Digital Content is removed in accordance with Section 7.3, this Section 17.3 shall survive termination of this Agreement by Microsoft pursuant to SectionSection 26.2 until expiration or non-renewal of this Agreement.