Common use of Third-Party Development Clause in Contracts

Third-Party Development. Developer may develop Products under contract for a third party provided that such third party is: (i) an authorized developer that has executed a Developer Agreement, or (ii) an authorized subcontractor that is in compliance with the provisions of Section 15.5. Developer shall notify Sony in writing of the identity of any such third party within thirty (30) days of entering into an agreement or other arrangement with the third party. Developer shall have the responsibility for determining that such third parties meet the criteria set forth herein. Developer shall not have the right to develop, publish, manufacture, market, promote, distribute, sell or transmit the Executable Software or the Products in any manner for end user or any third parties not in compliance with the above criteria unless Developer directly enters into a License Agreement with Sony. Developer agrees that, pursuant to the License Agreement, any publication, marketing, distribution or sale of Products outside of the School Market may only be made upon negotiation of a separate agreement with Sony for such rights, and that Sony shall have a right of first refusal to distribute, publish, market or sell such Products.