There are cases in which either the designer’s rights or the publisher’s license to a game may be transferred to someone else. Most commonly, these would include the death of the designer or the sale of the publisher.
It is also theoretically possible that either party might want to
assign
their rights to someone else for some other reason. Asking for the right to approve of an assignment of rights prevents you from a situation where the publisher might sell their right to publish your game without your consent.
This agreement shall be binding on the heirs, executors, administrators, successors, and assigns of DESIGNER, and the successors, assigns, and licensees of PUBLISHER, but no assignment shall be binding upon either of the parties (and any purported assignment will be null and void) without the written consent of the other.
For purposes of clarification, transfers by will or inheritance shall not be deemed an assignment.
The foregoing notwithstanding, PUBLISHER shall have the right to authorize or license publication or use of GAME, or to assign this Agreement, in whole or in part, to a parent company, to any subsidiary or affiliated company, or as part of a merger or in connection with the sale of all or substantially all of PUBLISHER's business or the business of the applicable division.
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