exhibit 1 : payments exhibit 2 : xbox 360 royalty tier selection form exhibit 3 : xbox 360 publisher enrollment form exhibit 4 : authorized subsidiaries exhibit 5 : non - disclosure agreement exhibit 6 : japan / asian royalty incentive program exhibit 7 : xbox live incentive program warranties 15. 1 publisher. publisher warrants and represents that : north america manufacturing region : asian manufacturing region ( if different ) : name : take - two interactive software, inc. name : address : 622 broadway address : new york, ny 10012 attention : attention : email address : email address : fax : fax : phone : phone : name : take - two interactive software europe ltd address : saxon house, 2 - 4 victoria street windsor, berkshire, sl4 1en, uk vat number : gb578 51 51 11 attention : simon little email address : * * * @ * * * fax : + 44 1753 496669 phone : + 44 1753 496600 this non - disclosure agreement ( the “ agreement ” ) is made and entered into as of the later of the two signature dates below by and between microsoft corporation, a washington corporation ( “ microsoft ” ), and take two, a new york corporation ( “ company ” ). in consideration of the mutual promises and covenants contained in this agreement and the mutual disclosure of confidential information, the parties hereto agree as follows : ( a ) “ confidential information ” means nonpublic information that a party to this agreement ( “ disclosing party ” ) designates as being confidential to the party that receives such information ( “ receiving party ” ) or which, under the circumstances surrounding disclosure ought to be treated as confidential by the receiving party. “ confidential information ” includes, without limitation, information in tangible or intangible form relating to and / or including released or unreleased disclosing party software or hardware products, the marketing or promotion of any disclosing party product, disclosing party ’ s business policies or practices, and information received from others that disclosing party is obligated to treat as confidential. except as otherwise indicated in this agreement, the term “ disclosing party ” also includes all affiliates of the disclosing party and, except as otherwise indicated, the term “ receiving party ” also includes all affiliates of the receiving party. an “ affiliate ” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly