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Page 1 of 11 <PAGE> the Licensed Marks on and in connection with Interplay's FALLOUT-branded MMOG (the "FALLOUT MMOG" or "LICENSED PRODUCT") and for no other purpose. The conditional license herein does not grant Interplay any right to sublicense any of the licensed rights without Bethesda's prior written approval. 2.2 TERRITORY. Worldwide. Interplay agrees to comply with all applicable laws and regulations pertaining to the use and designation of trademarks in the territory, and to refrain from any action that may or would adversely affect the right of Bethesda to the FALLOUT trademarks. 2.3 MMOG DEVELOPMENT. To retain its license rights under this Agreement, Interplay agrees that (i) full-scale development of its FALLOUT MMOG will commence within twenty-four (24) months of the Effective Date of this Agreement (such commencement date defined herein as the "MMOG DEVELOPMENT COMMENCEMENT DATE") and (ii) by the MMOG Development Commencement Date, Interplay will have secured financing for the FALLOUT MMOG in an amount no less than US$30,000,000.00 ("MINIMUM Financing"). In the event that within this 24-month period Interplay has failed to commence full-scale development of its FALLOUT MMOG or has failed to secure the Minimum Financing, Interplay will immediately lose and permanently forfeit its license rights under this Agreement and the license rights automatically shall end, be void and otherwise terminate on the anniversary date of the second year after the Effective Date and this Agreement shall no longer remain in effect. 2.4 MMOG COMMERCIAL LAUNCH. In the event that within the first 24 months after the Effective Date Interplay has commenced full-scale development of its FALLOUT MMOG and has secured the Minimum Financing, to retain its license rights under this Agreement Interplay must, in addition, Commercially Launch (as defined below) the FALLOUT MMOG within four (4) years of the MMOG Development Commencement Date. In the event that within the first 24 months after the Effective Date Interplay has commenced full-scale development of its FALLOUT MMOG and has secured the Minimum Financing but has failed to Commercially Launch the FALLOUT MMOG within the first 4 years after the MMOG Development Commencement Date, Interplay will immediately lose and permanently forfeit its license rights under this Agreement and the license rights automatically shall end, be void and otherwise terminate on the anniversary date of the fourth year after the MMOG Development Commencement Date and this Agreement shall no longer remain in effect; PROVIDED, HOWEVER, that if at the expiration of such 4-year period, Interplay has failed to Commercially Launch the FALLOUT MMOG but is actively engaged in development efforts of such MMOG and certifies to Bethesda in writing its good faith belief that it will Commercially Launch the FALLOUT MMOG within 12 months after the conclusion of such 4-year period, then the period for Commercial Launch shall be extended by one (1) year. If Interplay has failed to Commercially Launch the FALLOUT MMOG by the expiration of such extended period, Interplay shall immediately lose and permanently forfeit its license rights under this Agreement and the license rights automatically shall end, be void and otherwise terminate on the anniversary date of the fifth year after the MMOG Development Commencement Date and this Agreement shall no longer be in effect. Bethesda agrees to negotiate in good faith whether or not to grant any further extension beyond five years after the MMOG Development Commencement Date. "COMMERCIALLY LAUNCH" means that Interplay has offered its FALLOUT MMOG for sale to the public in major markets in North America and Europe and that such FALLOUT MMOG has and continues to maintain a minimum of 10,000 paying subscribers. Page 2 of 11 <PAGE> 2.5 CONTINUING COMMERCIAL AVAILABILITY. If at any time after the Commercial Launch of its FALLOUT MMOG, Interplay fails to operate and keep its FALLOUT MMOG commercially available for any consecutive three (3) month period, Interplay will immediately lose and permanently forfeit its license rights under this Agreement and the license rights automatically shall end, be void and otherwise terminate upon the expiration of such three month period and this Agreement shall no longer remain in effect. 2.6 RESERVATION OF RIGHTS. Any and all rights not explicitly granted to Interplay hereunder are reserved by Bethesda. 3.0 OWNERSHIP. 3.1 SOLE OWNER. Interplay acknowledges and agrees that, as between the parties, Bethesda is the sole and exclusive owner of the Licensed Marks. Bethesda may, in its sole discretion, maintain or discontinue the maintenance of any applications and registrations for the Marks or seek registration for any Licensed Mark at any time. 3.2 NO ASSIGNMENT. Nothing contained in this Agreement shall be construed as an assignment to Interplay of any right, title, or interest in or to the Licensed Marks. Interplay recognizes and acknowledges that the Licensed Marks and all rights therein and goodwill pertaining thereto solely and exclusively belong to Bethesda and that all uses of the Licensed Marks by Interplay shall inure to the benefit of Bethesda. Interplay shall not directly or indirectly attack or impair the title of Bethesda to the Licensed Marks, the validity of this Agreement, or any of Bethesda's registrations or applications relating to any Licensed Mark in any jurisdiction. Interplay agrees it shall not file any state, federal, or foreign applications to register any of the Licensed Marks, in whole or in part, or any name or mark confusingly similar thereto in any jurisdiction. 3.3 FURTHER ASSISTANCE. Interplay shall, upon request of Bethesda, execute any documents that may be deemed necessary or desirable by Bethesda to use the Licensed Marks in conformity with any nation's laws, including whatever documents that may be necessary to record Interplay as a user or licensee of the Licensed Marks anywhere in the world. 3.4 INTERPLAY-DERIVED MMOG ELEMENTS. In the event this Agreement terminates prior to the Commercial Launch of the FALLOUT MMOG, Bethesda agrees that nothing in this Agreement limits or is intended to limit the rights of Interplay to use in a non-FALLOUT MMOG, INTER ALIA, any or all locations, graphic representations, creatures, monsters, names, likenesses, behaviors, religions, deities, environments, legends, fairy tales, stories, universes, character classes or character professions that are in the public domain, are owned by any entity other than Bethesda and/or its affiliates and/or licensors or otherwise are not subject to copyright or trademark protection. For purposes of a non-FALLOUT MMOG, Interplay shall own all rights in any computer software code (object or source code), game play software routines, game or graphics engines, as well as any designs, likenesses, sound and visual representations or other intellectual property rights that are created after the Effective Date by or on behalf of Interplay and which do not include, refer or relate to the Licensed Marks (the "INTERPLAY-DERIVED MMOG ELEMENTS"), provided, however, that the Interplay-Derived MMOG Elements do not use, incorporate, trade on or otherwise exploit any Fallout-related
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原帖由 arithmetic 于 2008-9-24 21:26 发表 Fallout 网游化后,它优秀的多线程故事以及独特的对话系统要怎么表现呢?