A Breakdown of MS/ABK Proposed Undertakings
Delivery of Activision Games - Sublicensing the cloud streaming rights and tech material/documentation for those rights.
Licenses to Microsoft - The purchaser (Ubisoft) can't sell the rights back to Microsoft exclusively.
No Interference with Purchaser’s Cloud Streaming Rights - Microsoft can't impact Ubisoft rights.
Trademark License - Purchaser gets a royalty and non-exclusive sublicensable trademark rights.
Game Technical Support, Game Ports and Technical Work, and Platform Work - The purchaser can request ports and Microsoft can charge the purchaser.
Development and Release Date Parity - The purchaser needs to have the ports/streaming versions ahead of commercial launch including DLC.
Sale of Purchaser’s Cloud Streaming Rights for Activision Games and Related DLC by Purchaser - ?
Audit Rights - Purchasers can audit Microsoft once a year to verify compliance.
Marketing - Parties should make commercially reasonable efforts to ensure license or rights cover the use of marketing materials from the purchaser.
Terms and Termination - The party can't terminate the deal due to any breach by the purchaser.
- 5 days to propose a trustee on closes and Microsoft will pay for it (seems normal)
- Microsoft can't buy % or all of Ubisoft for 10 years
- The CMA may, in response to a written request from the Parties, or otherwise at its own discretion, grant an extension to any time period referred to in these undertakings.
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