Video Game Developers Supplemental Application

Tokio Marine HCC-Professional Lines Group
37 Radio Circle Drive Mount Kisco, NY 10549
main (914) 242 7840
facsimile (914) 241 8098
e-mail [email protected]
Video Game Developers Supplemental Application
THIS IS AN APPLICATION FOR A CLAIMS MADE AND REPORTED POLICY
This Application for Professional Liability Errors & Omissions Insurance is intended to be used for the preliminary evaluation of a
submission. When completed in its entirety, this Application will enable the Underwriter to decide whether or not to authorize the binding of
insurance.
THIS APPLICATION IS NOT A BINDER
1.
A) Do you publish games:
 on your own or
 use a third party publisher
If the latter, please provide a copy of the contract with the publisher.
B) Does the contract provide a grace period or a method of remediation for any missed
milestone deadlines?
2.
3.
4.
5.
6.
7.
8.
YES
NO
YES
NO
YES
NO
B) Do you ensure that the content owners approve game content before final release?
YES
NO
Do you develop games based on your own intellectual property?
YES
NO
A) If YES, have you registered all the applicable copyrights, trade marks, domain names and
design rights?
YES
NO
B) If YES, do you have a system in place to check for potentially infringing content?
YES
NO
C) Do you ensure that employees sign a statement granting your company the rights to all work
products?
YES
NO
Do you subcontract any development work such as music, soundtracks, artwork, etc.?
YES
NO
A) If YES, do you have written agreements with these subcontractors which assign all
intellectual property rights to you or grant a license allowing you to manipulate this
content?
B) If YES, do these agreements indemnify you if any subcontractor-produced work
infringes on any third-party intellectual property rights?
YES
NO
YES
NO
Do you develop games based on content owned by others (e.g. artistic or intellectual
property owned by a third party)?
A) If YES, do you have written agreements or licenses with the appropriate content
owners?
Are any of the games you develop intended to be parodies of work created by others (e.g.
music, trade dress trademarks, characters, images, etc.)?
A) If YES, do you obtain releases, licenses or have written agreements for this third party
content?
YES
NO
YES
NO
Do you have any in-house attorney to review and manage all intellectual property issues?
YES
NO
A) If NO, do you use an external law firm to advise on intellectual property issues?
YES
NO
Do you use product placement or third-party advertising within your games?
YES
NO
A) If YES, do you have written agreements with the appropriate third-parties which clearly define
the terms of the product placement/advertising?
YES
NO
Are your games available for download over the internet?
YES
NO
A) If YES, do you disclaim liability for viruses contracted through your website?
YES
NO
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9.
Do any of your games include the ability to perform micro transactions (e.g. purchase or
exchange items for use within the game)?
If YES, please provide details:
10. Please provide the title and a description of your top 5 grossing games.
TITLE
YES
NO
DESCRIPTION
CERTIFICATION AND SIGNATURE
It is understood and agreed that this supplemental application shall become a part of the application for Professional Liability Errors &
Omissions insurance.
Must be signed by a Principal, Partner, Officer or Director
Print or Type Applicant’s Name
Title of Applicant
Signature of Applicant
Date Signed by Applicant
MPL002 SA39 05.2016
Tokio Marine HCC-Professional Lines Group 37 Radio Circle Drive Mount Kisco, New York 10549 main (914) 242 7840 facsimile (914) 241 8098
A member of the Tokio Marine HCC group of companies.
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