Common use of LICENSE AGREEMENTS AND SERVICE AGREEMENTS Clause in Contracts

LICENSE AGREEMENTS AND SERVICE AGREEMENTS. 4.1 Distributor shall have the authority to solicit the signature of end-users on Licensor's license agreements and service agreements which have been jointly prepared by Licensor and Distributor for end-users. Distributor has and shall exercise no authority to make any alterations in such agreements or to execute or accept such agreements on behalf of Licensor. Distributor shall inform all end-users that such agreements must be forwarded to Licensor for acceptance and execution by Licensor in order for such agreement to be binding on Licensor. 4.2 Distributor has and may exercise no authority to make statements or representations concerning the Products that exceed or are inconsistent with the marketing materials and technical specifications provided to Distributor by Licensor. Distributor has and may exercise no authority to bind Licensor to any undertaking or performance with respect to the Products. Licensor has and may exercise no authority to make statements or representations concerning the Distributor which exceed or are inconsistent with this Agreement. Licensor has and may exercise no authority to bind Distributor to any undertaking or performance with respect to the Products or Services, other than as mutually agreed by Licensor and Distributor in writing in Licensor's service agreement for an end-user. Notwithstanding the foregoing, in the event that a prospective end-user contacts Licensor to request Products or Services and Distributor elects not to pursue the prospective end-user, Licensor shall be free to negotiate independently with the end-user for the provision of Products or Services.