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 Page 1 of 2 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. Page 2 of 2 tmhcc.com/specialty
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