Contract for Technology Transfer
Exhibit 4.46
Contract for Technology Transfer
Contract Number: 2013110023000674
Project Name: King of King Three V2.0 Game Software
Transferee(Party A): Shanghai Giant Network Technology Co., Ltd
Transferor(Party B): Beijing Giant Zhengtu Network Technology Co., Ltd
Place: Xuhui District, Shanghai
Date: September 1, 2013
Term: September 1, 2013 to forever
According to the provisions of Contract Law of the People’s Republic of China the Parties reach the following agreement by consensus with regard to the transfer of technology for Giant Network Online Game Software named King of King Three ( the “King of King Three”) V2.0.
| 1. | The Content of the know-how, Requirement and the Level of Industrial Development |
The Computer Software named Giant Network Online Game Software King of King Three (the “King of King Three”) V2.0 has been completely developed. Its registration Number is 2010SR 074978.
| 2. | Time, Place and Method for Providing Technical Information and Materials |
Within ten days after this Contract become effective, Party B will provide to Party A in writing or in the form of CD the following technical materials in Shanghai:
| (1) | The source code and object code of the Computer Software named Giant Network Online Game Software King of King Three (the “King of King Three”) V2.0. |
| (2) | The CD-R of the game software |
| (3) | Related supporting documentation of the software. |
| 3. | Scope of the Know-how under this Project and the Confidentiality Period |
The scope of the Know-how includes all the code of Giant Network Online Game Software named King of King Three (the “King of King Three”) V2.0. The confidentiality period is forever.
| 4. | Territory and Method for using the Know-how |
Party A may use this software in any country and with any method.
Party B shall stop using this software.
| 5. | Price and the Method of Payment |
| (1) | The Price shall be 11659166.66 RMB in all, among which 11659166.66 is for the consideration of the technology. |
| (2) | Method of Payment: the total amount shall be paid in lump sum |
| 6. | Liquidated Damages |
Either party in violation of any terms of this contract shall be liable for breach of contract in accordance with the contract law of the People’s Republic of China.
| 7. | Subsequent Updates |
The Updates referred to in this Contract mean that any improvements made to the subject matter of this contract by either party or both parties during the term of this Contract.
Both Parties agree that the subsequent improvements to the subject matters of this Contract shall be made by Party A and shall be owned by Party A.
| 8. | Dispute Resolution |
Any disputes arising from the performance of this contract shall be settled by parties in good faith, if no settlement can be achieved by good faith negotiation, either party may submit the dispute to arbitration or court with jurisdiction
Both parties agree that courts located in the following places shall be deemed as with jurisdiction: (1) domicile of defendant; (2) loci solutionis; (3) where the contract is signed; (4) domicile of the plaintiff; (5) where the subject matter is located
Transferee(Party A):
Name: Shanghai Giant Network Technology Co., Ltd
Legal Representative: ▇▇▇ ▇▇▇▇▇▇▇
Contacts: ▇▇▇▇ ▇▇▇▇▇▇▇
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Post Code: 201613
Phone Number: ▇▇▇-▇▇▇▇▇▇▇▇
Fax: ▇▇▇-▇▇▇▇▇▇▇▇
Bank of Deposit: China Merchants Bank, Shanghai Branch, Tiaoyaoqiao Sub-branch
Account number: 219680888910003
Seal:
Date:
Transferor(Party B):
Name: Beijing Giant Zhengtu Network Technology Co., Ltd
Legal Representative: ▇▇▇ ▇▇▇▇▇▇▇
Contacts: ▇▇ ▇▇▇▇
Domicile (mailing address) Room ▇▇▇▇, ▇▇.▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇
Post Code: 100040
Phone Number: ▇▇▇-▇▇▇▇▇▇▇▇
Fax: ▇▇▇-▇▇▇▇▇▇▇▇
Bank of Deposit: China Merchants Bank, Zhaowaidajie Branch
Account number: 1109076088106067
Seal:
Date: