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Clauses Added to Most Long Form Contracts > Indemnifications - Pg. 203

The Publishing Contract 203 · You are a licensed developer for the applicable platform(s). · You have obtained any and all permissions and clearances to any third-party IP for its authorized use in the game (or entertainment, if necessary). In other words, if you are using a third-party engine, you have gotten the legally correct licenses. If you use voices, you have clearances from the actors. · You have no knowledge of any claim that would be contrary to your warranties, representations, and agreements contained in the contract. For instance, if you knew that an angry ex-founder was going to sue the company for ownership of the engine, you could not safely make this representation. · You will reasonably correct programming defects in the work product or released Game. (Be very careful with this clause, as it could indenture you to bug-fixing for the term of the contract. Be sure that you and the publisher understand each other vis-a-vis what is an acceptable bug and what is not). Publisher Warranties The publisher will warrant and represent that: · The publisher has acquired all necessary third-party platform rights and licenses. This means that the publisher has permission from the console manufacturer to make the game, or will acquire it. Furthermore, the publisher has all of the necessary licenses to the content of the game if you are working on a licensed IP. An example would be the right to make a game based on a particular Dungeons and Dragons edition. · The publisher will make no changes or alterations to any submission by the developer that will infringe any third party's rights. In other words, the publisher will not take your game and insert copyrighted text on the box without obtaining the necessary rights.